To make optimal use of the commercial value of intellectual property, IP rights have to be managed in a professional manner, IP Portfolios have to be actively designed or co-operations engaged in on a legally secure basis. This is the way to activate the full value of intellectual property.
licensing
contracts
In all areas of industrial property protection, contractual law governing intellectual property is strongly influenced by licensing rights. The use of another party’s property rights requires appropriate licensing agreements whether this concerns patents, utility models, trade marks or designs.
Whether granted licences, accepted licences or a cross-licencing agreement: the quality of a licensing contract regarding technical property rights depends first and foremost on the (technical) understanding (definition) of the subject of the licence. Since our firm can claim extensive legal and technical expertise in addition to many years of experience in the negotiation of national and international licensing contracts, we are in a position to provide you with all manner of customised licensing agreements or to negotiate in accordance with your specific needs within the parameters available.
It is not only licensing contracts that are important in the field of IP rights. Classic sales contracts can also be of relevance to technical property protection. Collaborative agreements, for example in the field of research and development, are also of great significance: here co-operative activity between two partners requires clear rules and definitions, e.g. with regard to confidentiality, to the rights to inventions, the assignment of grants or subsidies, the contributions to be made or the subsequent exploitation of the results. Contractual design can prove particularly difficult in cases in which the commission involves partners which are financed by public funding (universities, etc).
When it is a question of checking, composing or negotiating such contracts, we can be of service to you. This could be either in direct contact with the opposite party or as “silent advisors” in the background providing support for your in-house IP experts.
other
contracts
other
contracts
It is not only licensing contracts that are important in the field of IP rights. Classic sales contracts can also be of relevance to technical property protection. Collaborative agreements, for example in the field of research and development, are also of great significance: here co-operative activity between two partners requires clear rules and definitions, e.g. with regard to confidentiality, to the rights to inventions, the assignment of grants or subsidies, the contributions to be made or the subsequent exploitation of the results. Contractual design can prove particularly difficult in cases in which the commission involves partners which are financed by public funding (universities, etc).
When it is a question of checking, composing or negotiating such contracts, we can be of service to you. This could be either in direct contact with the opposite party or as “silent advisors” in the background providing support for your in-house IP experts.
evaluation
due diligence etc.
We do not limit ourselves, however, to the design and negotiation of licences. We can, if desired, undertake on your behalf the evaluation of the rights involved in a contract or comprehensive due-diligence examinations in preparation for investments or in the context of company acquisitions. Expert opinions in this context may concern subdivisions or complete IP portfolios depending on the individual requirements.
With our help you can reliably assess the chances and risks of planned licensing contracts or cross-licensing agreements and orient negotiations to achieve the desired results.
In addition, we can assist by designing and drafting contracts to overcome disputes and to avert or terminate court cases, e.g. in the form of out-of-court settlement agreements or – as in trade mark law – by means of delimitation agreements.
out-of-court
settlements
out-of-court
settlements
In addition, we can assist by designing and drafting contracts to overcome disputes and to avert or terminate court cases, e.g. in the form of out-of-court settlement agreements or – as in trade mark law – by means of delimitation agreements.
Our services
By virtue of our comprehensive experience in the design of IP contracts at a national and international level and our activities for clients and their associates / contractual partners in Europe, Asia and the United States, we know what we can achieve for you in licensing agreements, co-operation-contract negotiations and other contractual instruments and how such negotiations must be conducted. In such activities we always bear in mind not only the primary legal requirements but also, naturally, the possible cultural differences that may influence the conduct of negotiations, etc.
Patents / Utility models
- Patent licensing contracts
- Licensing contracts for utility models
- Purchase agreements concerning technical property rights
- Collaboration agreements in the R&D field
- Confidentiality agreements
- Development contracts
- Expert opinions in conjunction with commercial evaluations / IP Due Diligence
- Risk assessment in connection with IP Due Diligence
- Examination of the “freedom to operate”
Trade marks
- Trade mark licensing contracts
- Trade mark sale contracts
- Delimitation and co-existence agreements
- Expert opinions in conjunction with commercial evaluations / IP Due Diligence
- Risk assessment in connection with IP Due Diligence
Designs
- Design licensing contracts
- Design sales contracts/li>
- Expert opinions in conjunction with commercial evaluations / IP Due Diligence
- Risk assessment in connection with IP Due Diligence
Employee inventions
- Support in the establishment of appropriate remuneration
- Drafting of contracts in connection with employees’ inventions particularly with regard to the determination of appropriate remuneration
- Consultation for employers with regard to the corporate arrangements for employee inventions
- Seminars for the training of employees who, by nature of their daily work, are regularly involved in making inventions.