Commercial property rights – like trademarks, copyrights, design patents, utility patents, patents in general or work titles – often contribute to the economic success of a company and to an increase of the company value. For this reason, intellectual property has become one of the most valuable assets of a company.
As far as rights are not to be used by the company only but also by third parties, licensing agreements are regularly made in order to regulate the frame for acknowledging rights, for example if the rights can be used exclusively or how high the licence fee by the licence holder will be.
There is a wide scope for design concerning licencing law – especially concerning the question how the grant of rights can be restricted content wise as well as territorially and temporally. License fees can be agreed upon as single premiums or as regular payments. Besides, the amount of the payment can vary so that, depending on the scope of application, not only fixed amounts have to be considered. The license fee may for instance correspond to the amount of products produced or sold with the help of the licensed product (like a patent) or to the revenues (Revenue-Share or Earn-out).
It is in the interest of the license holder to acquire all rights required for the intended purpose, whereas the rights holder as grantor of a license usually does not want to give away more rights than necessary.
For this reason and facing the wide scope for design, we are in tight contact with our clients to set up and negotiate licensing agreements in order to meet the needs and ideas of our clients. This is highly important because unclear or even fragmentary licensing agreements can have negative economic consequences for both the grantor of a license as well as for the license holder.
Please feel free to contact us.