We draft and review agreements whose subject matter is a trade mark, design, copyright work, software, know-how or another intellectual asset. The objective is to make the chain of title, permitted use, territory, duration, quality control and commercial consequences sufficiently clear to withstand later disputes and to permit registration of relevant changes before OSIM or EUIPO where appropriate.
Agreements we prepare
- Trade mark and design licence agreements.
- Assignments and transfer agreements.
- Coexistence and delimitation agreements.
- Settlement agreements following oppositions or infringement disputes.
- IP clauses in distribution, franchise, manufacturing, agency and marketing agreements.
- Confidentiality and know-how protection clauses connected to IP exploitation.
- Software and copyright licensing arrangements where the rights chain can be clearly identified.
Key issues addressed
- Exact identification of the registered or pending rights.
- Territory, term, exclusivity and permitted fields of use.
- Sub-licensing and assignment restrictions.
- Quality-control mechanisms for trade mark licences.
- Ownership of improvements, adaptations, derivative works and newly created assets.
- Royalty structure, minimum guarantees, reporting and audit.
- Termination consequences and post-termination use.
- Recording of licences, assignments or other changes before OSIM or EUIPO where useful or required.
Why IP-specific drafting matters
- A contract may be commercially clear yet still leave the IP chain of title uncertain. We therefore separate pre-existing rights, newly created rights, third-party components and rights that can only be used under an existing licence.
OSIM / EUIPO recordals
- We can prepare and file requests to record changes of proprietor, licences and other relevant changes in the registers maintained by OSIM or EUIPO, subject to the requirements of the applicable procedure.
Indicative professional fees
| Service | Indicative fee |
|---|---|
| Standard trade mark assignment agreement | from EUR 450 + VAT |
| Standard trade mark licence agreement | from EUR 650 + VAT |
| Coexistence / delimitation agreement | from EUR 750 + VAT |
| IP settlement agreement | from EUR 850 + VAT |
| Complex software / know-how / multi-right licence | from EUR 95/hour + VAT |
| OSIM or EUIPO recordal assistance | from EUR 250 + VAT, plus official fees if applicable |
Indicative professional fees only. VAT and official OSIM/EUIPO fees are not included unless expressly stated. Final fees depend on the number of rights, classes, territories, procedural history, volume of evidence and complexity. A written quotation can be provided before work begins.
Discuss the scope before filing or taking action
We can first identify the right, territory, procedural route and expected cost, then confirm the work to be undertaken before any filing or contentious step.
Contact Weizmann & Partners