Landlord lawyers have either neglected or been too cautious to propose the use of licensing contracts for their clients. However, licensing agreements allow commercial landlords to completely eliminate the landlord-tenant ratio and thus avoid the burdens that often arise within the legal framework of traditional landlord-tenant procedures. The bargaining power of both parties to a licensing agreement often depends on the nature of the product. For example, a film studio that would grant the image of a popular superhero to an action figure maker could have considerable bargaining power in this negotiation, as the manufacturer will likely benefit from such an agreement. The film studio therefore has the lever to take its business elsewhere if the manufacturer has cold feet. Those who enter into a licensing agreement should consult a lawyer, as there are complexities that are difficult for those who do not have a deep understanding of intellectual property law. An example of a licensing agreement in the restaurant industry would be that a McDonald`s franchisee has a licensing agreement with McDonald`s Corporation that allows them to use the company`s branded and marketing materials. And toy manufacturers regularly sign licensing agreements with movie studios and give them the legal authority to produce action characters based on popular similarities of movie characters. At present, real estate licensing agreements appear to be primarily used by licensed real estate owners for short-term users: offices, toilets, certain types of warehouses and kiosks in shopping malls. It is clear that there is a market for such agreements. Whether there is a market for real estate licensing contracts for other types of occupancy may not be so obvious, but given the need for landlords to be relieved of the burdens and frustrations of traditional tenant-tenant disputes, such an agreement may be useful for the right business plan. Licensing agreements are often used for the commercialization of technologies. In 2015, Apple Inc.
and telecommunications equipment maker Ericsson agreed to a comprehensive licensing agreement that ended a year-long patent litigation between the companies. The legal relationship between the landowner and a tenant resulting from a tenancy agreement is totally different from the legal relationship established by a license between the landowner and a licensee. In addition to the details of all parties involved, the licensing agreements detail how licensed parties can use real estate, including the following parameters: Different types of IP may be covered by this agreement: self-help is not available to New York owners who reserve the right to use them in their lease agreements. However, courts are generally hostile to the use of a lessor`s self-help and will not allow its use if there is a blurring of the lease conditions or if there is a factual question as to whether the lease has expired or not. In addition, if a tenant is evicted from the property by force or other illegal means, the tenant may, under the New York Real Estate and Procedural Actions Act 853 (« RPAPL »), recover three damages from the lessor and be returned to possession if he is rejected before the expiry of the tenancy period.