It is not always possible or indeed desirable to realize a competitive advantage yourself on the basis of internal know-how and protective rights. Licensing can provide the opportunity to utilize inventions and achieve synergy effects.

From the very beginning, even in the product planning and development phase, it is advisable to clarify rights for products and innovations, especially with respect to secrecy and co-operation with third parties, in carefully formulated contracts.

Problems connected with names and brands can often be solved by mutual differentiation. Should two businesses wish to use similar brand names or company trading names, or even if they have both used the same name for some length of time, a differentiation agreement is an amicable way of reaching an agreement.

Licensing, co-operation and differentiation agreements should not only be formulated with a view to legal feasibility, but also with a knowledge of the limits of antitrust law, particularly that of the European Union.

If you have any questions about contracts and agreements, we would be pleased to advise you.