We look forward to hearing from you. The best way to contact us is by phone or e-mail.
Contact
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
We look forward to hearing from you. The best way to contact us is by phone or e-mail.
RA Benjamin Schreiber
Leonrodstr. 54
D-80636 Munich
(Click for view on Google Maps)
With a licence agreement, a rights holder (who then becomes the licensor in terms of licensing law) can grant rights of use to others (the licensees). The exact contractual conditions under which these licence rights are granted are regulated in a licence agreement and the licensor can determine almost without restriction how this should look.
As a lawyer specialising in licensing law and contract law in Munich / Neuhausen, I can provide you as a future licensor or licensee with a detailed initial consultation to assess which licence agreements and licence models may be appropriate in your specific case. Together with you and, if applicable, your contractual partners, we will draw up legally and economically sound licence agreements for the benefit of both parties. The law firm Schreiber in Munich is your competent legal advisor on all aspects of licence law and licence agreements.
Contact us for legal advice/initial consultation - in person, phone, video call.
In the modern world, licence agreements mostly revolve around all kinds of intellectual property, such as...
...but many other applications are also conceivable. Depending on the specific application, there are typical types of contract such as a copyright agreement, film licence agreement, television licence agreement, patent licence agreement, trademark licence agreement, publishing agreement or software licence (software transfer agreement). The aim of the respective licence agreement is to define exactly how and to what extent the respective licensee is granted rights of use.
A typical licence agreement describes at least the subject matter of the licence, the specific rights of use
granted as well as the licence model and the resulting licence fees or licence costs. It is also useful for the
licensor to specify the contract term (or end of contract) and contractual penalties in the event of infringements
of the licence rights granted. The licensor, on the other hand, must generally ensure that the subject matter of the
licence can also be exploited through liability and warranty (this does not include ‘economic exploitability’!). The
licensor must also ensure that the licensed property right is maintained and remains exploitable.
Licensing models generally use standardised forms such as blanket licences, turnover licences, profit licences or
unit licences.
In practice, however, licensors should not rely on completely pre-formulated licence agreements and should not necessarily use identical licence agreements for a large group of licensees, as licensing law can quickly collide with other areas of law. As a licensee, you should take precautions to ensure that all rights and obligations in the event of problems (e.g. copyright disputes, etc.) that affect the commercial usability of the subject matter of the licence are precisely regulated. Missing regulations can quickly become a massive economic threat to your own business model. An experienced licensing lawyer can help you (licensor and licensee) to prepare for all eventualities and to draft fair and secure licence agreements.
The most common types are exclusive and non-exclusive licences, which refer to the exclusivity of the right of exploitation by the licensee. In practice, however, there are also many types of licences that relate to specific use cases or economic factors, such as cross-licences, production licences, profit licences or sub-licences. Whatever you want to implement as a licensor, legal advice should always be provided to ensure that your intentions are correctly and legally compliant.
Of course, this must always be considered on an individual basis. Factors such as the competitive situation, speed of expansion, exclusivity of the business model, etc. are also important for the decision. In order for one or more licence models to support the business orientation in a target-oriented manner, not only legal but also business management experience is required.
In principle, yes, but the transition from a technical or procedural description to a legally secure formulation that can actually guarantee the desired patent protection is a very complicated matter. Patent applications are very cost-intensive processes and money and time invested should not be risked lightly because you have dispensed with appropriate legal advice.
The licensor is completely free to agree on licence fees.
Expertise is not about holding titles - it is about constant, professionally correct, practical work over many years.
Every case is different - as a lawyer, every case requires its own individual approach in order to do justice to the subject matter and the client.
Legal standards alone do not solve cases - efficient communication between lawyer and client, but also with the opposing party, ensures real results.
Serving various areas of law with specialised lawyers to represent personal and economic interests.
We stand for personal advice, constant availability and professional expertise in licence Munich.
+49 (89) / 139 284 10