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Can I include a clause in an Intellectual Property License Agreement that allows me to terminate the license if the licensee breaches confidentiality obligations?

View Darryl S.
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Conflict of Interest

Intellectual Property License Agreement

Texas

I am in the process of drafting an Intellectual Property License Agreement with a potential licensee, and I want to ensure that the confidential information I disclose to them remains protected. I am considering including a clause that would allow me to terminate the license if the licensee breaches their confidentiality obligations. Is it legally permissible to include such a clause in the agreement, and if so, what specific language should I use to ensure its enforceability?

Darryl S.

Answered Mar 12, 2025

Yes of course - you can include such a provision in your contract. Make sure it is carefully drafted and that you have not granted a perpetual license to the Licensee. The exact language would need to be created in the context of the overall Agreement and reviewed by a lawyer for enforceability.

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