Companies often acquire sublicenses deriving from a main license. The question of whether the acquired sublicense persists when the main license expires is therefore of great relevance. In its decisions Reifen Progressiv’, ‘M2Trade’ and ‘Take Five’ the German Federal Supreme Court holds that a sublicense is an independent right and therefore is principally not terminated by the termination of the main license. While the German Federal Supreme Court wants to ensure legal and economic certainty for the sublicensee, the author deals with the subject taking into account the principles of civil law and the character of copyright. In the course of this he develops a consistent system for resolving the different cases of license chain interruption.’
About the author
Dr. Dominik Sebastian Stier ist seit September 2012 Rechtsreferendar am Oberlandesgericht Frankfurt am Main.
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