Applying for intellectual property protection can result in a monopoly position for the applicant in respect of the resulting IP right. However, this legal position generally leads to the proprietor of the IP right entering into legal relationships with third parties; for example, in the context of the exploitation of the IP right or within the scope of a delimitation agreement. Often, a legal relationship with a third party is established as early as during the development of a product that may be eligible for protection; in particular, in preparation for the acquisition of an IP right.
It is therefore important for clients to be supported in the preparation, drafting, and reviewing stages of contracts and agreements before, during, and after obtaining an IP right as part of advisory services relating to IP protection. This includes the drafting and reviewing of licence agreements and/or contracts in connection with the sale of IP rights. Establishing legal delimitations by concluding a coexistence agreement also forms part of the services of the patent attorneys and attorneys-at-law at isarpatent®.
Moreover, being able to draw on our technical expertise in preparing an application, especially with regard to the development of protectable products and trade marks in terms of technology or design, means that we can provide effective support for companies and individuals when it comes to reviewing or drafting research and development agreements, designer agreements and confidentiality agreements.
When it comes to drawing up contracts and agreements, knowledge of potential areas of conflict and of the relevant regulations is indispensable. Any mistakes that are made in an agreement, for example when no expert legal advice is sought, cannot always be rectified after the event. We therefore recommend that all our clients seek in-depth legal advice before concluding contracts and agreements in matters relating to intellectual property.
Reviewing and drafting well-written contracts serves as a basis for conflict-free legal relationships in the future. By enlisting the help of the patent attorneys and attorneys-at-law at isarpatent® who have the necessary legal and technical expertise to support you in drafting your contracts, you can rest assured that potential misunderstandings and conflicts can be dealt with before they even arise.