NAKNADA KAO BITAN ELEMENT UGOVORA O LICENCI
COMPENSATION AS AN ESSENTIAL ELEMENT OF THE LICENSING AGREEMENT

Summary/Abstract: This paper analyses various aspects of compensation, as one of the essential elements of a license agreement. The compensation (license fee) is the equivalent for the right to use the intellectual property rights, and is the main reason why the holder of the patent, trademark, industrial design, know how, integrated circuit topographies and plant breeders rights decides to transfer them to others. The Law of Bosna and Herzegovina does not prescribe gratis (free) licenses, and since a need to for such a contract may occur in practice, it is suggested that they should be regulated de lege ferenda. In order for the license agreement to meet the economic interests of both parties, the fee must be optimally determened. There are a number of ways to determine the license fee, which are dealt with in this paper. Lump-sum payments can be payed at once or partially, royalties can be connected to sale, profit or production, and it is also possible to combine lump-sum payments and royalties. Cross-licensing involves the exchange of industrial property, and is one of the specific forms of payment which large companies prefer.

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