Take Five, Federal Court of Justice (Bundesgerichtshof), 19 July 2012
Kluwer Patent Blog
July 14, 2013
Please refer to this post as:, ‘Take Five, Federal Court of Justice (Bundesgerichtshof), 19 July 2012’, Kluwer Patent Blog, July 14 2013, http://patentblog.kluweriplaw.com/2013/07/14/take-five-federal-court-of-justice-bundesgerichtshof-19-july-2012/
In an earlier decision (BGH M2Trade), the Court held that the termination of the main license agreement does not automatically lead to a termination of the sublicense. It remains in force when the main license is terminated for reasons such as a mutual agreement of the main licensor and the main licensee who is also the sub-licensor. The Court applied this principle in the present case in which the license was exclusive. According to the Court, the interests of the sub-licensee were to prevail over the interests of the main licensor.
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