Define: Implied License By Legal Estoppel

An implied license is a permission granted by the owner of a property or intellectual property without any formal agreement or written contract. It is based on the actions or conduct of the owner that suggests permission for others to use the property or intellectual property.

Legal estoppel is a legal doctrine that prevents a person from asserting a claim or defence that is inconsistent with their previous statements or conduct. It is based on the principle that a person should not be allowed to take contradictory positions in legal proceedings.

Legal estoppel can be invoked to prevent a person from denying the existence of an implied license. If someone has previously acted in a way that suggests they have granted an implied license, they cannot later deny its existence based on legal estoppel.

Yes, an implied license can be revoked by the owner of the property or intellectual property. However, the revocation must be communicated clearly to the person who was granted the implied license.

If someone continues to use the property or intellectual property after the implied license has been revoked, they may be liable for infringement or trespassing, depending on the nature of the property.

In general, an implied license is personal to the individual who was granted the license and cannot be transferred to another person without the explicit permission of the owner. However, there may be exceptions depending on the specific circumstances and applicable laws.

The existence of an implied license can be proven through evidence of the owner’s actions or conduct that suggests permission for others to use the property or intellectual property. This can include past practices, industry customs, or verbal statements.

Yes, an implied license can be created unintentionally if the owner’s actions or conduct reasonably lead others to believe that permission to use the property or intellectual property has been granted. It is important for owners to be aware of their actions to avoid unintentionally creating implied licenses.

Implied licenses are generally recognized in most legal jurisdictions, although the specific requirements and limitations may vary. It is advisable to consult with a legal professional familiar with the laws of your jurisdiction to understand the specific implications.

Yes, an implied license can be used as a defence in a legal dispute if the person accused of infringement or trespassing can prove that they had a valid implied license to use the property or intellectual property. However, the burden of proof lies with the person asserting the defence.