Licenses & R&D-Contracts
Whether patent, trademark, design, copyright, or trade secret: License agreements are suitable means to achieving a beneficial balance between competition and exclusivity. Aspects specific to the scope of protection should be taken into account. For example, the problem often arises of setting a royalty rate for a licensed patent based on future product sales without knowing the patent’s share in the future product. In addition, practical considerations are also important. Licensee and Licensor must be able to operate a license agreement efficiently.
For R&D contracts, case-specific agreements are mandatory. Working constellations can range from cooperations between peers to the commissioning of one party as an “extended workbench”. The production and use of “Foreground” (new technology) and the use of “Background” (existing IP) should be regulated in a fine-grained manner. Disputes should be avoided, even after project completion.
We are familiar with the latest case law, including FRAND licenses. If you wish, we can handle all communication with the other party and negotiate on the basis of your specifications.