The key point in any IP assignment vs licence decision is ownership. An assignment transfers the right itself to a new owner; a licence leaves ownership where it is and grants permission to use the right on agreed terms. That choice decides who can sue infringers, who pays renewals, what happens if the business is sold and, often overlooked, what must be recorded at the trade mark or patent office for the deal to work against third parties. This guide is for companies structuring group IP, selling a business or bringing in distributors and partners across Europe, Latin America and Africa.<\/p>\n
An assignment (in Spanish law, cesi\u00f3n<\/em>) is a sale or transfer of the right. After it, the assignor has nothing left unless the contract says otherwise. A licence is a permission: the owner keeps title and the licensee may use the mark, patent or design within the limits agreed, for example certain goods, a territory or a period. Under the EU Trade Mark Regulation (EUTMR)<\/a>, a licence can cover some or all goods and services and the whole or part of the EU, and can be exclusive or non-exclusive.<\/p>\n