Unterlizenzverträge

Unterlizenzverträge, also known as sublicensing agreements, are legal contracts that allow a licensee to grant some or all of their rights, derived from an original license, to a third party. The original license, granted by the licensor to the licensee, permits the licensee to use, exploit, or distribute intellectual property, such as patents, trademarks, copyrights, or software. The sublicensing agreement then comes into play when the licensee, for various reasons, wishes to involve another entity in the exploitation of these rights.

The sublicensing agreement establishes a contractual relationship between the original licensee (now the sublicensor) and the third party (the sublicensee). It defines the scope of rights being transferred, including the territory, duration, and specific uses permitted. Crucially, the sublicensee’s rights are always dependent on and limited by the terms of the original license. If the original license is terminated or expires, so too does the sublicense.

Common reasons for entering into sublicensing agreements include expanding market reach, leveraging specialized expertise of a third party, or fulfilling obligations to distributors. The sublicensor often receives royalties or other payments from the sublicensee, which can be a significant revenue stream. However, the sublicensor typically remains responsible to the original licensor for the sublicensee's actions and adherence to the terms of the primary license. Therefore, careful drafting and oversight are essential in managing sublicensing relationships.