GERMANY Law and Practice Contributed by: Michael Rüberg, Daniel Herrmann and Christoph Angerhausen, Boehmert & Boehmert
10.3 Requirements or Restrictions to License an Intellectual Property Right IP rights may be licensed, preferably in writing, by the owner or the exclusive licence holder. The licences can be entered in the respective regis- ter, which is not mandatory. 10.4 Procedure for Licensing an Intellectual Property Right The owner of the IP right and the licensee con- clude a licence agreement in which the details of the licence are defined. In Germany, a distinction is made between exclusive and non-exclusive licences. A licence can be limited in terms of loca- tion, time and subject-matter. In return for the licence rights, the licensee usually agrees to pay an appropriate licence fee. That licence fee depends on the matter, such as the field of technology in patent matters, and has generally decreased in recent years.
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