Subsequently, on June 16, 1997, the applicant/respondent issued a letter against the defendant, in which he alleges a breach of the third licence agreement. On the same day, she obtained an injunction against the complainant/respondent Anton Piller. Three days later, on June 19, 1997, the plaintiff faxed the defendant a letter terminating the third licence agreement and executed Anton Piller`s contract to the defendant on the same day. Licensing: While a licensee may continue to compel the licensee to comply with certain standards, procedures and practices as essential conditions of the licensing agreement, the parties must be careful that the donor does not go so far as to manage the continued control of the activity of the taker and may fall within the jurisdiction of the franchise law. The first question in the case was why the applicant/respondent had to terminate the third licence agreement when he expired on his terms on December 31, 1996. The answer is that, although they were devolted, the parties continued to treat each other after they expired. As the qualified judge decided, the Federal Court of Justice confirmed that the agreement is considered valid without formal notification of termination, if it is proven that the ordinary practices in the agreement are followed by both parties after the agreement expires. The Bundesgerichtshof pointed out that [referring to Miramar Maritime Corporation/Holborn Oil Trading Ltd  AC 676 and Antaios Cia Nabiera SA/Salen Rederierna AB, The Antaios  3 All ER 229 at 233], the relevant provisions of the agreement have been interpreted appropriately and economically usefully. Referring to this rule, in which the foreign customer made the purchase in a foreign currency, the large quantity of goods purchased or even the assistance provided for the transport of products abroad, and the confirmation of the balance by a foreign bank, the Federal Court decided that, although these items taken in their own way could not be considered exports, the latter could not be fully taken by a reasonable man to another transaction with the exception of an export sale prohibited by the terms of the third licence agreement. An experienced license lawyer can help you determine what terms are important to your business and define critical terms.
This is very important for the process of developing agreements. Of course, you want to avoid certain high-risk conditions in your contract. A co-exclusive license allows a licensee to issue the license to more than one taker, but agrees to grant the same license only to a limited group of other takers. This type of license is generally considered a hybrid of an exclusive license and a non-exclusive license. Licensing: The licensee is not able to prevent the licensee from performing a similar transaction. A termination clause may be void under the Contracts Act 1950.