Legal Expertise

IP contracts and licenses

Industrial property rights and licenses go together like peas and carrots – Wallinger, Ricker, Schlotter, Tostmann advises clients on securing their investments through licenses and other IP contracts.

 

Expertise

The costs of research and development for technical innovations are usually immense. The legally sound drafting of contracts for rights and licenses is a decisive prerequisite for corporate success.

WR's attorneys advise you on all aspects of the concrete drafting of corresponding contracts or in the review of existing draft contracts. 

This includes in particular: 

  • License agreements
  • purchase or transfer agreements
  • drafting of research and development agreements
  • cooperation agreements, in particular with universities and public institutes, also in connection with the receipt of public funding
  • joint venture agreements
  • due diligence analyses
  • Contracts for the protection of know-how 
  • Confidentiality and non-disclosure agreements (so-called NDA - Non-Disclosure Agreements)
  • Regulations on imitation and confidentiality protection in general terms and conditions of business 
  • Cooperation agreements for the joint conduct of legal IP proceedings 
  • Settlement agreements for the settlement of existing disputes.

Concept

We understand IP contracts as an important part of a long-term corporate strategy in intellectual property. Therefore, the individual requirements and goals of our clients are at the center of our advice in all matters concerning IP contracts. 

Together with our clients, we develop suitable strategies for the commercial exploitation of IP rights: From lump sum or turnover licenses to the agreement of minimum licenses and the selection of exclusive or simple licenses, taking into account a possible incentive approach for potential licensees. Furthermore, we also consider possibilities of securing or dissolving licenses in the event of insolvency and how to deal with sublicenses in the event that the main licensee ceases to exist. 

Our attorneys will assist you in the initiation of licensing discussions, conduct the negotiations upon request, and prepare the term sheets and license agreements. Our experts will also monitor the contractual rights and obligations. 

Within the scope of an analysis, we determine an appropriate license rate, the lump-sum license or a possible purchase price and protect the buyer or seller against possible liability and default risks specific to intellectual property rights. 

Due to our international network, our attorneys can coordinate the drafting and review of contracts subject to foreign law with foreign colleagues specialized in the IP field.