Defining Affiliate: Pay Attention to the BoilerplateFebruary 2015 – Articles The Licensing Journal
When licensing a patent, software, copyrightable work, or other intellectual property, it’s common to license the property to a particular entity and its “affiliates.” When defining the term “affiliates,” many license agreements use a “boilerplate” definition that was taken from a previous agreement or form document. But are the parties always sure that the definition includes all parties that they actually intend to include? Does the licensee always benefit from a broad definition, and the licensor always benefit from a narrow one?
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