Licensing law

What is a "license"

The license is a legal permission or granting of a specific right to use the "intellectual property" of another constitutes. The right of use is granted usually by contract.

 

Where is "the licensing law" regulated

"License" is not regulated by law in detail. Rather, the criteria taken into consideration legal norms arising from the respective special laws (Trademark Act, Copyright law, etc.) and the general law of contract. Since the special laws differ greatly, are generalizations about licenses lösgelöst only severely limited by their legal protection possible.

Covered by the license law is the contractual rights of use. The agreement on the granting of rights, in a separate license agreement or Terms, but also in the context of purchase, Factory- place or other contracts. It is obvious, jeweilge that the contractual form of further, important legal consequences decides.

 

What must be considered in the granting of rights of use

Of central importance is the question of the existence of a right. Because a grant [accurate: Communication] a right to use requires an effective control. A disposition of a right of use needed in addition to the right of disposal in particular the existence of the right. The question, whether a specific right of use in favor of a holder's right to use and whether it can be transmitted by him, therefore always needs to be clarified. This is especially difficult when such rights, who are not registered (z.B. Copyrights, unregistered Community design rights).

In the context of copyright licenses also particular type of use must be named exactly.

Always the scope of the license should (exclusively, simply) itself, be resolved in time and space.

Another key aspect is the level of license fees, Once the license as, Each license- or license fee revenue is frequently encountered. Especially for sales licenses exist usual percentage royalty rates.

 

What we need, to check your license agreements or you concrete, customized contracts to make

For the examination of a license agreement please provide us the text of the treaty to be tested as well as your communications data. We then put in touch with you, to the details, knows z.B. Procedure or costs, explain.

Without a (ggfs. Far oral) Consultation can not be a license contracts. We need to know, which legal protection as, where, to be licensed by when. Also, your goals and your target customers may be of importance. So if you need a license agreement, please call us at.

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