The trademark owner may grant licences on an exclusive or non-exclusive basis for all or parts of the goods and services being protected. In case an exclusive licence is granted, the trademark owner may not use it without consent of the licencee anymore. The contractual obligations are subject to the applicable law which can be freely chosen by the parties. However, the conditions for registration and scope of protection granted by a registered mark etc. are regulated by Austrian law. Under Austrian contract law oral or tacit agreements are also valid, but often the exact content of such agreements is uncertain and cannot be proven. Therefore, written licence agreements are recommended.
