Rules of the Czech Civil Code on Licence Agreements in theFramework of Cooperative Game Theory
2021
Under the license agreement, the licensor provides the license
in the agreed scope, and the licensee undertakes to pay agreed
royalties or is entitled to use the license free of charge.
Corporations administering on a long-term basis license
agreements, concluded and/or renewed continuously before and
after January 1, 2014, when the 2012 Czech Civil Code entered
into force, must face on a daily basis, simultaneous
application of two different regulation, as the agreements
concluded previous to the above date are still governed by the
former 1991 Commercial Code. The aim of the present paper is to
compare the fundamental provisions of both regulations, at
present simultaneously applicable, in terms of the practical
impact and consequences of this specificity on the
entrepreneurs and/or other entities administering license
contracts. Subsequently it formulates recommendations aimed at
mitigation of the difficulties that may result from this
concurrent application by the subjects administering the
license agreements. At the same time, the possibility of
utilising inspirations and methods from the field of
cooperative games theory, namely Nash bargaining problem, is
presented.
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