Litigating royalties in a patent licence
Negotiating a good patent licence is a challenging business at the best of times: securing the terms you want commercially and then drafting the agreement to accurately reflect the deal agreed and govern it. However, in tough economic circumstances, when many businesses are under financial strain, making sure the terms of a licence are clear and effective is especially important. Nowhere is this more true than in royalty clauses: a poorly drafted royalty clause may lead to a costly dispute where one party tries to unravel a valuable obligation to the other.
This briefing looks at three salient examples where disputes have arisen from agreements that are unclear about what right the royalty is to be paid on, how much is owed and when it is to be paid.
The case of Oxonica Energy v Neuftec Ltd shows how a lack of precision when determining the scope of the rights being licensed can result in a dispute about the correct royalty to be paid…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
Briefings from Taylor Wessing
New rules will apply to most businesses selling to consumers in the EU, including to those selling online from outside the EU, from no later than 13 June 2014.
Last year — 2013 — was a considerably less eventful year for German gambling law than 2012, which saw significant reforms within the industry.
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town