In short, there is no « perpetual » licence under Swiss law. This provision must be taken into account when drafting, negotiating or renewing such an agreement, as well as during the assessment, for example. B In due diligence, the validity of a licensing agreement entered into by the target company to protect its rights as a licensee, Lewis asked the bankruptcy court to find that the licensing agreement was not a performance contract and is therefore not subject to the acceptance or rejection of the licence pursuant to Section 365 of the Bankruptcy Code. The majority of courts, including eighth-cycle courts, consider contracts to be enforceable where the debtor and the non-debtor party have essential and unfulfilled obligations under the contract. Lewis submitted that both parties had essentially fulfilled their obligations under the licensing agreement, resulting in the non-performance of the agreement. However, the Bankruptcy Court found that both parties had essential obligations not fulfilled. After an unsuccessful appeal to the District Court, Lewis appealed to the 8th Court of Appeals. IBC`s remaining commitments relate to only one of the assets included in the sale – the license. They relate to issues such as termination obligations and leniency relating to trademarks, trademark maintenance and defence obligations, and other obligations related to violations.

While these remaining commitments are considered as part of the overall agreement, they are relatively small and do not relate to the central objective of the agreement to sell Butternut and Sunbeam`s bread stores and assets to LBB in certain areas. The District Court and the 8th District Court agreed that the licensing agreement was executed, with a dissenting judge on the panel. The Court of Appeal decided to hear the case in a bench. Are you thinking about getting a license that you have, but aren`t you sure about the different types of licensing agreements? There are several possibilities for intellectual property licensing (or « IP »). To do this, you must first understand the different types of licensing agreements.