Background
The Client is an engineering company from Berlin, Germany. The Client issues licenses to manufacturers and engineering companies worldwide regarding the construction of the clients Boiler-System. Until the end of 2015, the Clients licensee in Thailand was Bangkok Industrial Boilers (“BIB”). In 2010 the client and BIB entered into a Boiler License and Know-how Agreement (the “License Agreement”) amended in 2012 and 2015 and into a Software License Agreement. The Boiler License and Know-how Agreement was terminated by the Client at the end of 2015, the Software License Agreement is expired. The client’s new licensee in Thailand, LAWI Engineering (“LAWI”), drew the client’s attention to the fact that BIB sold Boilers within Thailand, without registering the sales with the Client. According clause 5 to the License Agreement, BIB has the obligation to register each sale and pay a license fee for each Boiler sold within the duration of the Agreement. Until today no license fee for these Boilers was paid. Rödl & Partner will evaluate the legal situation by reviewing the contractual relationship between the Client and BIB