If the subject of a patent or utility model cannot be manufactured and marketed by the proprietor himself, or if the resources for distribution of a trademark-protected product or service are not sufficient, a license agreement with interested manufacturers or distributors is advisable. Such a license agreement grants the licensee the right to use the protected intellectual property right against the payment of a reasonable license fee.
When a license agreement is concluded, a multitude of legal considerations have to be taken into account in order to avoid surprises later, in the event of a dispute. For example, the license should be entered into the Austrian patent, trademark and design register to ensure that it is effective against any future purchasers of the IP right.
We gladly assist you in the preparation of a customized license agreement. On request, we also recommend you attorneys-at-law specializing in the licensing of intellectual property.
