Licence agreements

Drafting and review of licence agreements for software, trade marks, patents and copyrights.

With a licence agreement, you grant third parties rights to use your intellectual property without transferring the rights themselves. In particular, the agreement determines the scope and limits of use and whether the licence is granted on an exclusive or non-exclusive basis.

It also governs the remuneration, the rights and obligations of the contracting parties, the handling of infringements of intellectual property rights, as well as liability, warranty, term and termination.

We draft licence agreements for licensors and licensees and review agreements presented to you before they are signed. We are also at your side should a breach of contract occur.

What we cover

Scope of the rights of use, in particular in terms of territory, duration and content
Non-exclusive or exclusive rights of use and sublicensing rights
Remuneration, such as licence fees, minimum royalties and revenue shares
Obligations of the licensor, in particular regarding provision, updates and maintenance of the intellectual property
Obligations of the licensee, in particular regarding compliance with the limits of use and reporting and accounting obligations
Term, renewal and termination
Liability and warranty, in particular for defects of title
Action in the event of infringements of the licensed intellectual property rights
Defence against allegations of infringing licensed rights

Contacts

The experts to match.

Carina Tolle-Lehmann LL.M.

Partnerin, Rechtsanwältin, Fachanwältin für Urheber- und Medienrecht

+49 40 697989-135

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Dr. Hermann Lindhorst

Partner, Rechtsanwalt, Fachanwalt für IT-, Urheber- und Medienrecht, Fachanwalt für Sportrecht

+49 40 697989-165

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Frequently asked questions about licence agreements

Answers to the questions our clients ask us most often about licence agreements.

What is the difference between a non-exclusive and an exclusive licence?

With a non-exclusive licence, the licensor can grant the same right to other licensees and use it itself. An exclusive licence rules out both. We clarify with you which form suits your project and set the remuneration accordingly.

Who defends the intellectual property right if a third party attacks it?

The licence agreement determines which contracting party takes action in the event of infringements or attacks by third parties, who bears the costs and how any claims are enforced. The licensor usually assumes obligations to maintain and defend the intellectual property right. The licensee is obliged in particular to comply with the agreed limits of use and, where applicable, to fulfil reporting and cooperation obligations.

How long does a licence agreement run, and how does it end?

The contracting parties usually agree the term and termination individually. In addition, the consequences of termination of the agreement should be regulated, in particular whether, and for what period, there is a right to sell off remaining stock or to continue using the licensed rights.