What we are seeking in Licensees is a willingness
to promote these improved products, to work with us and properly
use our trademarks, and an ability to use this IP.
Benefit cycle: as Licensees promote the
product, customer recognition will engage so that the product
then promotes Licensees.
Licenses generally allow Licensees to
make, commission, use, and sell. Though not shown in the
table, the
retail consumer or the employee actually using bags is the
driver for the market shift. Consumers drive retailers to stock
the Licensed product. Employees using bags drive employers
to supply bags that don't waste their time.
Patents are a powerful product differentiator,
and a means of excluding un-Licensed competitors. It is important
to realise that a patent protects market, not manufacture.
That means there
is
no point
looking
for a
manufacturer
in a country that has no patent laws, or is not a signatory
to the Paris Convention, or in which the patent has not been
filed, and to import the product to a country in which the
intellectual property laws are observed and in which the patent
is in effect. The product would continue to be illegal. SFT
could move to have it seized, or authorise a Licensee to so
move on its behalf.
|
MANUFACTURER
|
SUPPLIER/
DISTRIBUTOR
|
MAJOR
USER
|
END
USER (CONSUMER or EMPLOYEE)
|
license allows
|
make & sell
|
commission & sell
|
commission and use
|
n/a
|
practical advantage
|
fewer product returns;
more customers
|
fewer product returns;
more customers
|
saved time/wages
reduced bag waste
improved workflow
better hygiene
|
less frustration
easier work
fewer wasted bags
saved time
no spitting needed
|
strategic advantage
|
defend market, gain
market (in response to latent customer demand)
|
defend market, gain
market (in response to customer demand)
|
increased competitiveness
|
improved satisfaction
with work/task
|
Branded products are welcome, and whilst the
License will require that our branding must appear on printed
packaging or on printed products etc., your brand can dominate.
Inclusion of our brand is intended to bring benefits to Licensees
in general by helping attract customers' eye to the brand that
carries our logo as an assurance of reliable-ease-of-use™,
and that will help buyers identify your product.
SFT is just as happy to work with small companies,
because we believe the product improvements will drive the
market toward Licensees, so our initially 'small' Licensees
grow into 'large' Licensees. (See model of Licensee
growth.)
Contact us to discuss a License for your company.
Various options are possible for small companies and large.
It is necessary for anyone contemplating infringement
to think the matter through, as this could be extremely damaging
for your company.
Infringement is broadly speaking the use of IP without
the appropriate License or permission from the owner.
SFT may at its option and in its sole discretion
deem an infringer to be a unilateral Licensee, bound by SFT's
License terms, royalties, and penalties, all of which may differ
substantially from the terms of bilateral
or negotiated Licenses. SFT may terminate, limit, or revoke
Unilateral Licenses.
SFT may at its option approve, revokably, the
implicit Unilateral License whereby a manufacturer or supplier
or any seller has engaged in selling products that use SFT
IP without a License specifically approved by SFT, and SFT
at its option and in its sole discretion may or may not upgrade
that License to a bilateral License. SFT will enforce Unilateral
Licenses. Unilateral Licenses will typically feature higher
royalty costs that may vary from place to place and time to
time based
on SFT's existing Licensee responses, SFT's own plans and priorities,
and in all cases at SFT's own sole discretion.
What to do if you think YOU may be infringing?
Contact us. Unilateral
Licensees who contact us at their earliest opportunity, and
before we
contact
them,
may
gain
with us a degree of respect for presumed good faith. That
will smooth their transition to a bilateral License if approved
by SFT.
The least advisable course for an infringer
on realising that they have been infringing would be to ignore
the issue. Nevertheless, it is anticipated that some infringers
will take
precisely this unwise course.
A
patent gives clear rights and is property in the legal sense
of the
word, therefore infringement is a species of theft and
can be so treated. For example, product can be seized, injunctions
can be sought, charges laid.
The best course for an infringer would be
to immediately notify us, settle the
account, bring it up to date,
and
negotiate
toward
a
bilateral
License, which has terms designed to ensure the Licensee's
success.
What to do if you see infringement?
Report it to us. We will quickly advise you if
it is a file we know about already. Our policy is to reply
to all. If you don't hear from us within 48 h, contact us again.
If it
is
infringement
and
yours was the first report to us, make
sure
we know who
you
are and who your favourite charity is so that after we settle
the matter we can send a reward from the recovered damages/billings.