Ali Shokrane
posted 3 years ago
Is research in a company for feasibility testing a commercial purpose?
There are many products that are licensed for non-commercial purposes. Assume there is a company testing and prototyping some ideas for new products. This does not directly generate revenue, and will not be part of the final product. However, the knowledge achieved through these experiments will end up in a product. Does this research stage count as commercial usage?
  • United Kingdom
  • Commercial and Business Law

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posted 3 years ago
There is no definition in the legislation of ‘a non-commercial purpose’ in relation to research or education, neither have there been any court cases that have clarified a definition, although in 2007 an English court stated that the activities of a private research company amounted to commercial use where it had gained unlicensed access to the contents of a mapping database service made available only to universities and the public research communities in the UK. Moreover, Non-commercial means something is not primarily intended for, or directed towards, commercial advantage or monetary compensation by an individual or organisation. So the answer to your question really depends on the company's details and the extent of its potential monetary benefit.