A license agreement is an agreement by which a party of another party has the right to manufacture or sell goods or to enforce a copyright, trademark or patent that it owns. The party granting the rights is called the « licensor » and the party obtaining the rights is called the « licensee ». The transfer of licence fees is usually made for a fee of money, with payments being recovered in the form of royalties. In addition, ProCD v. Zeidenberg, the license was declared enforceable because it was necessary for the customer to accept the terms of the contract by clicking on a « I agree » button to install the software. In Specht v. Netscape Communications Corp. However, the licensee was able to download and install the software without first having to check the terms of the agreement and give its positive consent, and the license was therefore declared unenforceable. Two companies enter into an intellectual property (IP) licensing agreement. Subsequently, a dispute arises as to whether the licensee has used the intellectual property outside the scope of the licence agreement, for example. B the marketing of a trademark on a new product line or the sale of patented products in another field.
Is this use of the additional license a violation of the license agreement? Infringement of intellectual property rights or both? Or is it a license violation? Often, these types of disputes give rise to onerous intellectual property disputes. The free copyright license is not a contract. This is because nothing of value is given in exchange for the license. However, any use outside the license constitutes a violation. The Paris Court of First Instance examined French law. Article L122-6 of the Intellectual Property Act defined infringement as copyright infringement, but Article L122-6-1 of the same code dictated that general contract law was applicable. . . .