An antishelving clause is a contractual provision that requires individuals to actively utilise a patent or trademark in order to generate profits. Merely storing it on a shelf without any intention of utilizing it is prohibited. Failure to comply with this requirement may result in the forfeiture of the right to use the patent or trademark.
An antishelving clause is a provision in a patent-licensing contract that mandates the licencee to commence commercial use of the patented article within a specified period and inform the patentee if the licencee chooses to discontinue its sale or production. This clause is typically included in contracts where payment is based on royalties. For instance, if a company obtains a patent licence for a new type of phone case, the antishelving clause would require the company to initiate the sale of the phone case within a designated timeframe. In the event that the company decides to cease selling the phone case, they are obligated to notify the patent owner. Failure to comply with this requirement may result in the loss of their licence or exclusivity. Antishelving clauses are also utilised in trademark licences. For example, if a company acquires a trademark licence for a new type of energy drink, the antishelving clause would necessitate the company to commence selling the energy drink within a specified timeframe. If the company chooses to discontinue the sale of the energy drink, they must inform the trademark owner. Failure to do so may lead to the loss of their licence or exclusivity.
An antishelving clause is a provision in a contract that prevents one party from putting the agreement on hold or “shelving” it indefinitely without consequences.
An antishelving clause is included to ensure that both parties are committed to fulfilling their obligations under the contract and to prevent one party from delaying or avoiding their responsibilities.
Yes, an antishelving clause can be enforced in court if one party violates the clause by attempting to shelve the contract without a valid reason.
If one party violates the antishelving clause, the other party may seek legal remedies, such as specific performance, damages, or termination of the contract.
Exceptions to the antishelving clause may be included in the contract, such as circumstances beyond the control of the party or force majeure events that make it impossible to fulfill the contract temporarily.
Yes, the antishelving clause can be modified or removed from a contract if both parties agree to the changes and formally amend the contract.
No, the inclusion of an antishelving clause depends on the nature of the contract and the specific needs and concerns of the parties involved. It is more commonly found in complex or long-term agreements.
Yes, like any other contractual provision, the antishelving clause can be negotiated between the parties to ensure that it aligns with their respective interests and expectations.
If you suspect the other party is attempting to shelve the contract, you should consult with a lawyer to understand your rights and options. They can guide you on how to enforce the antishelving clause or seek appropriate legal remedies.
In some cases, an antishelving clause may be challenged as unfair or unreasonable if it imposes excessive burdens or restrictions on one party. However, the outcome would depend on the specific circumstances and the jurisdiction’s laws regarding contract enforceability.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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