CONCLUSION OF THE CONTRACT AND DETERMINATION OF THE PRICE

01.

Licence agreements should be established with an approach in which all requests are balanced from the very beginning, not with an understanding that the parties will postpone the problems with the thought that “we will solve them in the future anyway”. In this framework, it is important for the parties to plan the future from the very beginning by determining where the licence will cover geographically, which types it will include, for how long it will continue, whether it will be granted a monopoly, whether it will bring additional responsibilities, how the contract price will be determined, the penal conditions to be applied in case of breach of the contract, and the reasons for termination of the contract. Initiation of this process by persons with licence foresight will minimise problems.

02.

ESTABLISHING A FOLLOW-UP MECHANISM

With the granting of the licence, a new process is actually started. Because, in addition to determining whether the contract has been complied with or not, it is important to observe the needs of the contracting parties, since the contract is no longer on paper and has been put into practice. In this way, it will become clear whether the licence granted will continue, whether new licences will be granted in the future, and which provisions will need to be added according to the needs in the new licences to be granted.

03.

MECHANISMS TO PREVENT BREACH OF CONTRACT

Prevention of breach of contract cannot be ensured only by formal provisions. Methods that penalise breach or reward compliance with the contract need to be designed with professionals.