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horak.
Attorneys at Law Hannover
Lawyers
Patent Attorneys
Georgstr. 48
30159 Hannover (Headquarter)
Germany
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
info@ipde.de  
hannover@ipde.de
 
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Attorneys at Law Berlin
Lawyers
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Germany
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
berlin@ipde.de
 
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Attorneys at Law Bielefeld
Lawyers
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Germany
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
bielefeld@ipde.de
 
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Attorneys at Law Bremen
Lawyers
Patent Attorneys
Parkallee 117
28209 Bremen
Germany
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
bremen@ipde.de
 
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Attorneys at Law Düsseldorf
Lawyers
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Germany
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
duesseldorf@ipde.de
 
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Attorneys at Law Frankfurt/ Main
Lawyers
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Germany
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
frankfurt@ipde.de
 
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Attorneys at Law Hamburg
Lawyers
Patent Attorneys
Colonnaden 5
20354 Hamburg
Germany
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
hamburg@ipde.de
 
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Attorneys at Law Munich
Lawyers
Patent Attorneys
Landsberger Str. 155
80687 Munich
Germany

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
munich@ipde.de
 
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Attorneys at Law Stuttgart
Lawyers
Patent Attorneys
Königstraße 80
70173 Stuttgart
Germany
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
stuttgart@ipde.de
 
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Patent Attorneys Vienna
 
Trauttmansdorffgasse 8
1130 Vienna
Austria
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29
vienna@ipde.de

 

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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 forms 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 you want to have your licence contract reviewed, please send us 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 your intended clients. Please contact us if you need a licence contract.

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