Intellectual property

Licence (Lizenz)

[from Latin ‘licentia’, ‘permission’] contractual permission to use another party’s IP right, such as a trade mark, a patent or copyright. An exclusive licence gives the licensee the sole right of use, even against the licensor. A non-exclusive licence permits use alongside others. The consideration is usually a licence fee, either fixed or based on revenue.

Licence agreements are an essential part of doing business. To avoid expensive cease-and-desist letters or notional licence fees, it must be clear for all intellectual property used whether a licence is needed, already exists or can be acquired. Especially at the beginning, businesses often forget to obtain sufficient rights of use to images, texts, software and trade marks. This comes to light in due diligence, in a funding round at the latest.

Term 21 of 44 · As at 9 September 2026

Licence: CC BY 4.0*

How to cite: Licence (Lizenz), in: Berlin Online Glossary of German Business Law, published by STRUB.LAW, as at 9 September 2026, https://strub.law/en/glossary/licence/, CC BY 4.0

*This licence applies only to the written entries of the Berlin Online Glossary.

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