Urn Contractual Agreement

14.3 Nothing in this agreement or on our website confers an advantage or commitment on third parties. Thus, in the design of clauses granting use rights in the CGVs, the conditions apply to competitions of ideas: if the different types of use are indicated in the reference clause, the clause cannot be considered invalid due to a review of the adequacy of the content of the GVCs. If the idea giver gives the idea giver more rights than is required by the purpose of the contract, personal autonomy allows it (see section 4 below on the issue of fair compensation). It should be noted, however, that the interpretive provision of paragraph 31, paragraph 5 of the urhG applies when modes of use are not individually identified. If the terms of a competition of ideas generally grant exploitation rights without being more concrete, this means that the granting of exploitation rights would be limited to what is necessary to achieve the objective of the contract. Whether this type of exploitation rights is ultimately sufficient depends on the individual case and the overall interpretation of the conditions of competition. “consumer,” any natural person acting in connection with this agreement for purposes not related to his activities. Given that the conditions of competition are pre-formed contractual conditions for a large number of contracts and therefore constitute general terms of sale (CGV), it is first of all essential that the conditions of competition are effectively integrated into the contractual relationship between the idea-giver and the idea seeker. In principle, THE GVCs are only part of a contractual agreement if the user expressly refers the other contracting party to the contract at the time of the contract and gives the other party the opportunity to recognize its contents appropriately and thereby report their consent to their application (Article 305, paragraph 2, of the BGB).

BGB). The starting point is the codified principle in paragraph 31, paragraph 5, first sentence, of transmission for specific purpose.21. To protect the perpetrators, the granting of exploitation rights is “absolutely” necessary if in doubt in accordance with the treaty`s objective.22 Excessive abandonment of exploitation rights to the operator by comprehensive and generally formulated legal inserts by the granting of rights by analif rights by analsif rights and generally formulated by analsif rights by analsial rights by analsial licence rights to the specific purpose of the agreement. However, Article 31, paragraph 5, of Article 31, paragraph 5, is only a rule of interpretation that no longer applies when a concrete agreement is reached on the extent of preferential rights.23 Under the principle of specific transfer, if a company – such as the idea seeker – wants to acquire use rights to the widest possible extent, it is in principle necessary that each right of exploitation be explicitly mentioned in specific clauses.24 If no protection has yet been requested.24 If no protection has yet been requested.24 If no protection has yet been requested. , it is possible to be the subject of an exploitation agreement between the idea applicant and the idea giver19 In cases where an idea giver has not yet filed a patent application for the invention in question, the conditions of competition should provide for the explicit right of the idea applicant to file such an application on his own behalf. In this context, the idea giver should also be required to provide all necessary assistance during the application and registration process. However, since it is not possible to completely exclude competitive competitions which, by their nature, pose a risk of the use of novelty, the question arises as to whether measures can be taken to eliminate or minimize this risk.