The New Civil Code and Industrial Property Licensing Agreement

This paper analyses and compares the regulation of industrial property licensing agreement before and after the effective date of the new civil code. The general section introduces the conceptual change in the understanding of the licensing agreement as well as the new concept of immaterial things. The special part presents in further detail the regulation of the formation, form, parties and content of the licensing agreement as well as the possible disposition therewith. The broadening of the scope of the licensing agreement (industrial and other intellectual property rights), the possibility to negotiate a royalty-free license, the changes in the subject entitled to enforce the rights from the license, the preference of an exclusive license as well as to possibility to assign the license with written consent of the licensor were identified as major changes. Overall, the new legislation concerning licensing agreements is evaluated as adequately reflecting the needs of practice.