Third party use of property rights

If the proprietor of the industrial property rights does not use the industrial property rights himself/herself, he/she can transfer all rights to a third party (sale of industrial property rights) or grant a right of usage to the industrial property rights to a third party (licensing).

Sale of industrial property rights
An industrial property right is a marketable asset and can thus be the subject of sales contracts. Thus, e.g. independent inventors, can have their invention protected and then sell industrial property rights ensuing therefrom to third parties, for example companies which manufacture corresponding products.

Licensing
As an alternative to selling industrial property rights, said rights can also be licensed to a third party, whereby this third party obtains a right of use to the protected subject matter. The industrial property rights themselves, however, remain the property of the original proprietor of the industrial property rights. A distinction should be basically drawn between simple and exclusive licences. Licence fees can be inter alia agreed as a lump-sum or turnover-dependent, respectively depending on each item sold. When concluding Licence Agreements, regulations under anti-trust law should be observed because under certain conditions anti-trust offences can be substantiated in certain clauses of Licence Agreements.