In the era of omnipresent technology, we all enter into countless license agreements, day by day. License agreements are contracts executed between a licensor and a licensee, in which the licensor grants the licensee the right to, inter alia,
- use a software;
- produce and/or sell goods;
- make use of a trademark;
- use patented technology;
- reproduce content of a book or film;
Even though license agreements cover a range of situations, typical clauses are commonly found in most of them. These clauses refer to the scope of the license, exclusivity, territorial restrictions, and royalties, among others.
BODENHEIMER mainly focus on B2B license agreements, often to be found in distribution relationships. Smart license agreements require careful drafting
- to ensure that the scope in relation to products, territories is well-defined,
- to delineate with sufficient clarity the use permitted under the agreement,
- to define a workable mechanism for the settlement of any disputes.
BODENHEIMER Representative Matters as Parties’ Counsel
Advised a German telecommunications wholesaler on a distribution and licensing agreement with a UAE supplier
Advised a German online advertisement agency in various international contractual matters pertaining to licensing of intellectual property rights
Advised a German tech company in regard to licensing of its softwares and other products
BODENHEIMER Representative Matters as Arbitrators
Acted as Sole Arbitrator in a DIA arbitration between a Danish manufacturer and seller against a Dutch distributor in the cosmetic industry revolving around claims arising out of contract, distribution, IP, with Danish Law as the governing law and Copenhagen as the place of the arbitration (Dr Rouven F Bodenheimer)
Acted as co-arbitrator in a DIS arbitration between a German state-funded research organisation and a German software developer, revolving around claims arising out of IP and IT laws, with German Law as the governing law and Munich as the place of the arbitration (Axel Benjamin Herzberg)
Acted as Presiding Arbitrator in a DIS arbitration between two German parties, both former members of a partnership of forensic scientist, revolving around claims arising out of competition, corporate and IT laws, with German Law as the governing law and Würzburg as the place of the arbitration (Axel Benjamin Herzberg)
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