GERMAN IPR LICENSING
The firm provides a wide range of legal services in the field of the commercialisation of IP rights – on the basis of German and EU law.
Do you want to use your software or intellectual property profitably, especially license it? Or would you like to acquire a license? Our law firm advises and represents you in the field of licensing law. We negotiate and draft the full range of commercialisation and technology transfer agreements This includes software license agreements, IT project agreements, patent license agreements, trademark license agreements, cooperation agreements, research and development agreements, technology transfers or know-how agreements. Franchising agreements are also covered insofar as an essential part of the franchise agreement is a trademark license.
The conclusion or amendment of a license agreement may also result from sublicensing or infringement of third party patents, software and/or trademarks. For example, if the rights holder demands the conclusion of a license.
In addition to advising on the drafting of contracts, we also represent our clients in disputes arising from the contracts. For example, a breach of contract by exceeding the license rights or an incorrect calculation of the license fees.
One focus in the area of licensing and the granting of know-how is advice on antitrust law. Here, the issues of “compulsory licensing” or “Fair Reasonable And Non-Discriminatory” royalties (=”FRAND” royalties) may also be at stake, especially in the case of standard-essential patents (SEP). Alternative dispute resolution, such as mediation or arbitration, may be considered for disputes in this regard.
The firm also advises on the complete transfer of intellectual property rights.
In practice, licensing law essentially includes the following areas of law:
The relevant intellectual property right, e.g. patent law, trademark law, software law or copyright law. This determines the subject matter and core of licensing law.
The law of obligations, from which rights and obligations follow and which regulates in particular consequences of disturbances of performance.
Antitrust law, which sets limits to contract design – and in individual cases can even provide for an obligation to conclude a contract.
Tax law, which regularly has a significant impact on the financial success of a license agreement.
The first three areas of law in particular play a role in disputes between companies. These are the areas in which the firm claims expertise and on which it concentrates.