Copyright: Continuation of sublicense upon termination of main license
The decision of the German Supreme Court (Bundesgerichtshof) of 19.07.2012 (Case No. I ZR 70/10) was based on the following facts:
A company that develops and sells software (main licensor) had an oral license agreement with another company (main licensee) with regard to copyright exploitation rights on software developed by it. Those copyright exploitation rights were sub licensed by the main licensee within its group to another company of the group (sublicensee). After the main licensee had not paid royalty fees for several months, the main licensor terminated the license agreement.
Insolvency proceedings were opened over the assets of the main licensee. The main licensor was of the opinion that any sub licenses granted by the main licensee would be cancelled and that the exclusive copyright exploitation rights on the software would revert to the main licensor. The Supreme Court has opposed this view. Although the court outlined that in general copyright exploitation rights revert to the originator after termination of license agreements, without the need of separate reassignment act, this does not lead to the automatic reassignment of sublicenses. However the Supreme Court saw a claim of the main licensor against the main licensee for cessation of claims on royalty fees against the sub licensee. This claim continues to exist even if the main licensee falls into insolvency, if the insolvency administrator with regard to the main license agreement chose non performance, however with regard to the sub license agreements performance.
However this claim only leads to a cessation of royalty payments under the sublicense, respectively in so far as the royalty fee is were already gathered by the main licensee, to a transfer of those royalty fees to the main licensor. However the royalty fees under the sublicense do not have to have the same extent as under the main license agreement, which nevertheless can then lead to a loss for the main licensor. On the other hand theoretically the royalty fees under the sub license can also be higher than under the main license, at least for sublicenses within groups this is not unlikely.
The law firm was established in 2003 by Dr. Artur Bunk, an Attorney-at-Law. Qualified in 1995, he was admitted to the Frankfurt Bar in 1997 after obtaining an LL.D. in European Law at the University Viadrina in Frankfurt (Oder). During his career he has worked with the German law firm Pünder, Volhard, Weber & Axster (now Clifford Chance), was Head of Office at Rödl & Partner in Poland, and Senior Legal Counsel at the Legal and Restructuring Department of KfW. In addition to German, he also speaks fluent English and Polish.
Our offices are based around 45 minutes from Frankfurt/Main International Airport in and approx. the same distance from Frankfurt City.
Thanks to the professional experience and background of our Principal and our Attorneys we are in a position to meet the highest requirements and expectations of international clients, which forms an integral part of our business philosophy, enabled us to establish a profound know-how base on international matters unmatched by law offices of comparable size and background. With our network of external consultants (auditors, tax advisors), we are well equipped to perform advisory services usually only found in much larger law offices. Our comparatively low overheads and flexibility enable us to provide our services on a competitive basis.
bunk-alliance has established a close cooperation with law offices in Italy, India, Poland, Slovakia, with auditors and tax advisory offices in Germany and Poland and various governmental agencies.
Phone: +49 6241 97249 0
Fax: +49 6241 97249 11
This release was published on openPR.
Permanent link to this press release:
Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.
You can edit or delete your press release Copyright: Continuation of sublicense upon termination of main license here
News-ID: 238229 • Views: 3636
More Releases from bunk-alliance Rechtsanwaltsgesellschaft mbH
Retroactive refund of capital gains taxes in Germany for free-float dividend pay …
In responses to a decision of the European Court of Justice (ECJ) of 20.10.2011, case number C-284/09, Germany has changed the tax treatments of dividends from investments (§ 20 Subs. 1. Nr. 1 Income Tax Act) of less than 10% (free- float), which are disbursed to corporations. For shareholders, who are subject to corporate taxation in the EU / EEC countries, a refund of German capital gains taxes on
Poland: Removal of bureaucratic hurdles in economic transactions
As of the beginning of 2013, a law on the removal of bureaucratic hurdles in economic transactions is in force in Poland, in particular with regard to tax law as well as the avoidance of payment gridlocks. On 01.01.2013, the act of 16.11.2012 on the removal of bureaucratic hurdles in economic transactions is in force. Based on that law, modifications on tax regulations with regard to leasing transactions were enforced.
Tax consequences for building in of bigger gasoline tanks by freight carrier
Fright carriages very often have bigger gasoline tanks built into their vehicles, which have a bigger capacity than the gasoline tanks installed by the manufacturer. Reason for this is usually that trucks are equipped by the main coachbuilder according to the individual needs of each haulier e.g. for transport of containers, cars or alike. But it can lead to problems, if the company gets gas in other European countries and
New version of yellow page cases in different appearance
In our newsletter July to September 2012 we informed you about the decision by the Bundesgerichtshof (German Supreme Court) with regard to the so called yellow page cases. Those were cases in which a company or a person maintained a yellow page list on the internet and in order to receive entries, it sent forms to traders, which were construed in a manner that on the left side of the
More Releases for German
German Maritime Security 2018, German Government Statement!
Despite all international and national efforts, piracy remains a serious peril for the international shipping industry. Especially in Asia (i.e. Chittagong/Bangladesh or on the Strait of Malacca), but also in South America (e.g. Bay of Santos/Brazil or in the port of Callao/Peru) robbery or piracy there has recurred in the recent past. At the West African coast the number of incidents had raised even by 50% with 66 incidents this
More German Investments Mean More German Translations
Why Language Continues to be an Obstacle for Investing in Germany Germany is one of the prime markets for foreign investments, with an estimated 4% of global direct investment making its way into the country. In fact, the world’s second richest man, Warren Buffett, who is only beaten to the top spot on the financial leaderboard by Microsoft Founder Bill Gates, believes Germany to be a ‘great market’, and confirms the
German Design Award 2015
German Design Council Awards a Special Mention to the LR 1000 Laboratory Reactor and Nominates the Tube Mill Staufen, Germany, February 23, 2015 — For the second time, a device produced by IKA® Werke has received the "Special mention for exceptional design quality" award from the German Design Council. The company was presented with the award in the "Excellent Product Design — Industry" category as part of the German Design Award 2015
German Local Trade Tax
All the companies in Germany are liable to pay not only corporate income tax, whose rate is nowadays about 15% of the annual profit of the company, but also trade tax (Gewerbesteuer), which is a tax of German characteristics. Why would we say that trade tax is of German characteristics? Because it is different from the corporate income tax, which is charged by the German Federal Government and it is difficult
Integral Launches German Bureau
Integral Launches German Bureau Appoints Suchit Manchanda as the Head of Operations January 4, 2010: Germany: Integral Fusion, a leading software services firm, has launched operations in Germany and announced the appointment of Suchit Manchanda as their Managing Director. The German bureau will be responsible for strategic business development in European Union organizations and client servicing. Suchit a world class MBA from Hochschule Nürnberg, Germany and a Masters in IT from Jamia
ISPA – German Masters 2008
Magdeburg – Over the long weekend of the 4. Mai more than 1.000 Skat players filled the Mittelland hall in Barleben. The tournaments of the 30. German Mastery and the 27. open International German Single Mastership were held by the International Skat Players Association, ISPA Germany. Patrons of the Games were the 1st Barleber Skat sports club e.V. and the Skat club \"Burger Ihleskater\", whose good organization together with the