License Agreement Swiss Law

A licensing agreement does not automatically end the bankruptcy of the licensee. However, the judicial administrator of the licensee may decide whether or not to pursue the licensing agreement. If it decides not to execute the licensing agreement, the contract is terminated (Article 211 of the Federal Act on Performance and Bankruptcy (DEBA) and the interest of the licensee under the agreement are converted into a monetary debt (Article 211 DEBA). If the administrator does not opt for the continuation of the benefit, the licensee`s right is limited to the estate until the nearest possible termination date or the end of the term of the contract (Article 211 bis DEBA). It is very common to include compensation provisions in swiss law licensing agreements. These compensation provisions are normally enforceable. The traditional idea is that the principles of property rights also apply to intellectual property rights. Subject to agreement to the contrary, parties doing joint work, such as. B R and R D common, are traditionally grouped into a simple partnership and are therefore maintained as owners. For copyright this view was confirmed by the Bundesgerichtshof.

No judgment has yet been rendered for patents and trademarks. However, in early 2000, the Swiss Patent Office issued a statement that, in general, the co-owners of a patent are considered common, subject to agreement to the contrary. Recently, the literature has expressed a dissenting view that the general principles of property rights do not apply to patent law for a specific provision of the patent law. This modern approach is favourable for the fact that, when a patent is granted to two persons, subject to a contrary agreement, the co-owners are considered united owners of the patent (i.e., each person or entity has an un equal share of the patent). The bankruptcy of the taker can often be an important reason for the licensee to terminate the licence agreement, even if such a possibility of termination is not expressly provided for in the contract (see question 35).