Licence Rights

The licence rights which are strongly connected with the copyrights but also with the brand and patent rights focus on contractual possibilities of user authorization. These user rights refer to (amongst others protected by the law of copyright) spiritual property, commercial protection rights such as patent or brand, utility and taste models.

User rights can be specified in contracts for work and services, purchase contracts and rental agreements. Also individual own licence agreements and general terms and conditions (AGBs) belong to the licence rights in this particular context. Fixed time periods, spatial limitations, exclusive licencing, which are part of the transfer, always have to make clear that restrictions by the patent law and cartel law are possible.

One passage of the copyright law (§§69c) concerning software is of special interest for the development of licence rights law. It says:

"If a computer program has been brought into traffic by an initial sale (not rental) with the consent of the proprietor within the European Union, the distribution right expires concerning the duplicated item, exempt the right of rental." The vendor is no longer entitled to oppose its resale.

Suggested reading:

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