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9 - Licence Agreement
from Part IV - Innominate Contracts
Christoph Müller, Université de Neuchâtel, Switzerland
Book:

Swiss Contract Law in International Commercial Arbitration

Published online:

27 July 2023

Print publication:

10 August 2023, pp 639-654
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Summary

This chapter examines the licence agreement, namely the contract by which the licensor undertakes to grant to the licensee the entitlement to use a right or intangible property in return for an undertaking by the licensee to pay a fee. This chapter firstly explores the notion of the licence agreement and its functions before examining its forms, legal nature and delimitations with other contracts found under Swiss law. This chapter secondly analyses the conclusion of the licence agreement and examines, in detail, the obligations of the licensor and licensee. Finally, this chapter explores the non-performance of the licence agreement and examines in turn the default of the licensor and the default of the licensee as well as the scenario of a lack of conformity. Finally, this chapter examines the end of the licence agreement by ordinary or extraordinary termination as well as the consequences of the end of the contract.