Licensing law has a critical position in intellectual property matters in Germany. An author/creator granting a licence to a third party to use their work allows them to use the creation in specific ways. This right of use is typical permitted by designing licensing agreements and right of use contracts.
At Schlun & Elseven Rechtsanwälte, our intellectual property lawyers advise our clients in all matters relating to licensing agreements and rights of use. If you require support in such cases, please do not hesitate to contact our team directly.
Drafting Licensing Agreements
Licensing agreements give other parties the right to use a specific property under established conditions. Such an agreement takes the form of a written contract, which outlines the rights and responsibilities of the licensor (the one allowing permission) and the licensee (the one gaining authorisation). Licensing agreements are used for aspects of intellectual property to ensure that the party is not infringing on the other’s copyright. Such intellectual property includes patents, trademarks, and copyrighted property, including music and videos. Licensing agreements allow the licensee to pay a fee to the licensor to use the property, and this payment can take the form of a single upfront payment or be spread over time based on sales or revenues at specific times.
At Schlun & Elseven Rechtsanwälte, our legal specialists regularly draft, review and analyse licensing agreements. By working closely with our lawyers, they can draft agreements tailored to your needs, and due to our experience, we will outline the advantages and concerns regarding specific clauses. Allow our team to conduct the negotiations throughout the process.
Regarding current licensing agreements that you have in place and are not satisfied with, our lawyers will advise you whether they should be redrafted or if you should withdraw from them. Our team of lawyers advise on the following licensing agreement types:
- Copyright licenses,
- Design licenses,
- Patent licenses,
- Trade secret licenses,
- Trademark licenses,
- Utility model licenses.
If you require our assistance, please do not hesitate to contact our lawyers directly.
Licensing Agreements Legal Disputes
Legal disputes are not uncommon in disagreements about licensing agreements. Such conflicts can arise over misinterpretations relating to specific clauses, difficulties arising due to payment schedules, use of the creative work beyond what is stated in the agreement, and granting sub-licences. Our lawyers have represented clients on both licensee and licensor sides of such legal battles.
The lawyers at Schlun & Elseven Rechtsanwälte will advise you on how best to resolve such disputes. Our lawyers are comfortable in traditional court settings but are also ready to resolve disputes by negotiation, arbitration and out-of-court settlements, depending on the nature of the legal matter.
By contacting our team from the beginning of the dispute, you can give us the required time to draw up suitable strategies, and from there, we can advise you regarding the best action to take. We have advised clients across various industries in Germany and can apply our industry-specific insight alongside our deep legal knowledge, allowing you to benefit from full-service support.
Sub-Licensing: Legal Advice
In the original licensing agreement, parties can negotiate on whether granting a sub-licence by the licensee to a third party is permissible. Sub-licensing can only be granted with the consent of the rights holder.
There are benefits to sub-licences for all parties involved. For the original rights holder, such sub-licenses can open the creative work to new markets, other locations and also gain increased income from royalties. They retain ownership of the work and can build a reputation in these new markets. By becoming well-known in other markets, they can then have greater chances of further benefiting from future projects.
However, an overly-liberal approach runs the risk of the creative work becoming associated with companies and projects that the creator may not want involved with their work. Another risk is that they may not receive the credit or profits that they feel they deserve. Therefore, sub-licensing agreements should not be agreed to without first consulting with professional legal counsel.
The licensee can also benefit from a sub-licence as such sub-licences can become a source of income for them, and they gain some autonomy and control over operations. For the sub-licensee they can utilise the brand, logo and goodwill of the Licensor with low investment.
Whether you are a licensor, licensee or sub-licensee, there are risks involved in such cases, and advice from specialist copyright lawyers is advisable. Allow our team to draft your agreements and they will ensure that you are fully aware of any potential pitfalls.
Practice Group: German Intellectual Property Law
Practice Group:
German Intellectual Property Law
Contact our Lawyers for German Intellectual Property Law
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