What is a licensing agreement under Dutch law?

Dutch term: Licentieovereenkomst | Legal basis: Freedom of contract + IP statutes

A licensing agreement (licentieovereenkomst) under Dutch law grants the licensee the right to use intellectual property (patents, trademarks, copyrights, know-how, software) owned by the licensor, under specified conditions and for a defined scope. Licensing agreements are governed by freedom of contract, supplemented by the applicable IP statutes and EU competition law.

Key provisions include the scope of the licence (exclusive, sole or non-exclusive), the licensed territory, permitted uses, sublicensing rights, royalty structure, quality control, IP protection and enforcement obligations, warranties and indemnities, duration and termination, and the interaction with EU competition law (the Technology Transfer Block Exemption Regulation for patent and know-how licences).

Why it matters for international businesses

For technology companies and manufacturers with cross-border IP portfolios, licensing agreements under Dutch law require careful drafting of both the IP-specific and the commercial provisions.