Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian

 

Attorney-at-Law Michael Horak, graduate engineer (Electrical Engineering), LL.M. (European Law)  | Julia Ziegeler, Attorney-at-law  | Attorney Umberg, LL.M., M.A.  | Lisa Schwerdt, Attorney-at-law  | Ansgar Kluge, Attorney-at-law  | Andree Eckhard, Patent Attorney  | Katharina Gitmann, Lawyer  | Karoline Behrend, Lawyer  | Johanna Müller, Patent Attorney

horak.
Attorneys at law

Overview   Practice   IP Law   Patent Law   Trademark Law   Law Office   Trademark Application   Patent filer   Sample Texts   German Acts   Court Rulings   Contact   Imprint   Links 
ip attorney germany lawyer attorney law office germany german law european law patent law design law trademark law copyright law german law ip specialist media law music law film law event law entertainment law contracts license agreement draft contract under german law  hannover prosecution infringement patent trade name copyright reseller contract attorney patent law  utility model law unfair competition law anti trust lawyer
file trdaemark application patent application design application lawyer patent trademark attorney trademark searches similiarity search opposition file an infingement suit germany german attorney ip specialist copyright specialist food law plant law patent lawyer domain law internet law it law computer law

patents-trademarks-copyright-europe law lawyer german law german lawyer german attorney trade mark law patent law utility model law design law

ip-lawyer it lawyer attorney for patents trade specialist ip attorney  marks germany european lawyer trademark european community mark ct ect law europen patent office germany representation

ohim euipo representative german patent office munich lawyer germany ip attorney patent lawyer trademark lawyer patent attorney german patent attorney epo eurpean patent office reprsentation law firm european patent german patent austrian patent office intellectual property design lawyer copyright law trademark law patent attorney trademark attorney design attorney

... Start ... Overview ... Practice ... Licence Law

Licence law - FAQ

What is a licence?

A licence is an agreement by which a right to use “intellectual property” of a licensor is transferred to a licensee.

Where is licence law regulated?

Licence law is not regulated in any specific legal regulations. Legal norms on which this area of law is based, are contained in regulations such as the Trademark Act, the Copyright Act, as well as the general contract law. Since the abovementioned regulations vary to a great degree, it is hardly possible to make general statements on licences without taking into consideration the respective area of law.

The transfer of an exploitation right can be regulated in a separate licence agreement or in general terms and conditions of trade, but also in a purchase agreement, a contract for work and labour or other agreements. It is apparent that the form of an agreement influences further important legal effects.

What must be taken into consideration when transferring an exploitation right?

Transferring an exploitation right requires not only the permission to use a right, but first of all - the existence of this right. The question whether a holder of an exploitation right does possess this right and is allowed to transfer it has to be cleared in the first place. This is especially complicated when unregistered rights are concerned, such as a copyright or an unregistered Community design.

In case of copyright licences the exact type of exploitation has to be stated.

The extent of a licence (limited, general) has to be cleared, too, both as far as time and territory are concerned.

Another essential aspect is the height of the licensing fees, which can be a one-time charge, lump-sum payment or royalty. As far as the latter is concerned, there are standard licence rates.

What do we need to review your licence contract or to draft a correct contract tailored to suit your needs?

In order to review your licence contract, we need the text of the contract to be reviewed, as well as your contact data so that we can contact you and present you with more detailed information, such as our further course of action and our fees.

We cannot draft any licence contracts without prior consultation with you (at least by telephone). We need to know which right, how, where and for what period is to be licensed. It might also be helpful to know your goals and who your intended clients are. Please contact us if you need a licence contract.

 

© 1998-2017 IP Attorney at law Michael Horak, LL.M, Certified IP Law Specialist

ip-attorney-ip-lawyer german law german lawyer patent law patent application file patent lawyer print trademark-law-patent-domain-design-utility-model-europe design law eu design community design law design right international design save law-of-technics-multi-media-law-german-business-lawyerback european-trademark-protection-german-trademarks-european-lawenquiry