OLNS#10: University Entrepreneurship & Spin-offs in Germany – Set-up / IP / Financing and Much More

3.5 hour read | Orrick Legal Ninja Series | November.15.2022

Deutsch: (Aus-) Gründungen an deutschen Hochschulen – Set-up / IP / Finanzierung und vieles mehr

German universities increasingly are becoming entrepreneurial hotbeds, though university spin-offs face unique challenges. To help both founders and universities get university-based spin-offs off the ground and make fewer costly legal mistakes, we have launched OLNS#10. We want founders to have more time to focus on the business side and for universities to generate many successful start-ups to further improve reputation and financial scope.

Orrick Legal Ninja Series #10OLNS#10 is based on our experience with countless university spin-offs around the world. We will give hands-on practical advice on:

  • founding the university spin-off
    • founder team composition and equity split
    • cap table considerations
    • company set-up and holding structures (including two-tier U.S./German holding structures)
  • getting the university IP into the start-up
    • acquiring the IP rights in full vs. licensing models (including customary terms)
    • in return, granting a participation in the start-up
  • financing considerations for spin-offs
    • funding process from Pre-Seed to Post-IPO
    • when better not to go after VC money
    • peculiarities of corporate investors
  • much more, including a checklist for the post-incorporation phase and an overview of IP basics that both founders and university representatives should know.

In preparing OLNS#10, our international and cross-functional Orrick team again drew on experience representing more than 3,700 venture-backed companies and 90+ unicorns as well as the most active funds, corporate venture investors and public tech companies worldwide. Founded in the Bay Area, Orrick is one of the world’s leading technology law firms and advises on more venture transactions in Europe than any other law firm for 26 consecutive quarters (PitchBook, Q2 2022).

You can find an overview of our German Technology Transactions practice, including recent transactions and further publications, here.