Licensing and Technology Transfer

“Intellectual Property” constitutes one of the most valuable assets of a business. Once a company has secured legal protection for its “intangible assets”, it can exploit them economically, for example by way of strategic licensing, which may be key to economic success.

When starting up a new business or developing an existing business, the licensing of IP rights such as patents, trademarks or copyrights can be an effective tool to strengthen the company’s market position. Commercial agreements focusing on the exploitation of IP rights may include various forms of licensing, distribution, sponsorship, franchising, co-marketing, R&D, and technology transfer agreements. The relevant agreements should therefore be carefully tailored to the particular business model.

More IP licensing business is currently being conducted than ever before, with such transactions becoming increasingly multifaceted and the underlying technologies becoming ever more complex with the increase in global economic networking.

In this context, there needs to be particular focus on German and European antitrust law when drafting a license agreement. Where a provision of the license agreement breaches antitrust law, the specific provision or – in the worst-case scenario – the whole license agreement becomes null and void. In addition, the antitrust authorities may impose a significant fine. Therefore, an examination with respect to antitrust law is extremely important and highly complex.

BARDEHLE PAGENBERG’s attorneys have extensive experience in negotiating, reviewing and drafting such agreements, particularly with respect to the development and licensing of IP and related technology-based services.

Partnerschaft mbB

Patentanwälte Rechtsanwälte

Prinzregentenplatz 7
81675 Munich

Phone: +49 89 928 05-0
Fax: +49 89 928 05-444
Email: info(at)

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Interested in our latest Licensing & Technology Transfer news? Here we go.

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Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
Unreasonable counter-offer in FRAND negotiations – Mannheim District Court, judgment dated March 2, 2021 – docket no. 2 O 131/19

The Mannheim District Court applies decisions “FRAND-Einwand” and “FRAND-Einwand II” of the German…

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Patent Litigation, Licensing & Technology Transfer, Antitrust Law, IP Reports
Application of the FRAND objection following the FCJ judgments FRAND-Einwand and FRAND-Einwand II, Düsseldorf District Court, judgments dated May 11, 2021 – docket nos. 4b O 83/19, 4b O 23/20, and 4b O 49/20

The Düsseldorf District Court follows the guidelines of the German Federal Court of Justice (FCJ)…

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FRAND-Einwand II: German Federal Court of Justice, judgment dated November 26, 2020 – docket no. KZR 35/17

With its new decision FRAND-Einwand II, the German Federal Court of Justice did not only confirm its…

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Obligations of SEP holders and SEP users (Higher Regional Court of Karlsruhe, judgment dated October 30, 2019, docket no.: 6 U 183/16)

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New guidelines for the FRAND defence in patent infringement proceedings by the Munich District Court I

With the notice on handling the defense of compulsory license under antitrust law according to…

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IP Report 2014/III

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