Enchelmaier, Stefan --- "Proprietary Transactions in Intellectual Property in England and Germany: Transfer of Ownership, Licensing, and Charging" [2011] ELECD 453; in Kur, Annette; Mizaras, Vytautas (eds), "The Structure of Intellectual Property Law" (Edward Elgar Publishing, 2011)

Book Title: The Structure of Intellectual Property Law

Editor(s): Kur, Annette; Mizaras, Vytautas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448766

Section: Chapter 11

Section Title: Proprietary Transactions in Intellectual Property in England and Germany: Transfer of Ownership, Licensing, and Charging

Author(s): Enchelmaier, Stefan

Number of pages: 43

Extract:

11. Proprietary transactions in
intellectual property in England
and Germany: transfer of
ownership, licensing, and charging
Stefan Enchelmaier*

1. INTRODUCTION

In the following, we shall consider proprietary transactions in intellectual
property: transfer of ownership, licensing, and charging. The legal regime
governing these transactions in England and Germany,1 respectively, will
be analysed with regard to patents, trade marks, and copyright. As it turns
out, there are many similarities between the two legal systems, many of
which these days are due to the harmonisation of intellectual property law
through European Union law. Nevertheless, some fundamental differ-
ences in approach remain, in particular with regard to copyright. Leaving


* Dr. iur. (Bonn), LL.M. (Edinburgh), MA (Oxon), Professor of European
and Comparative Commercial Law, York Law School, University of York. Many
thanks are due to Professor Bill Cornish for his very helpful comments on a draft
of this chapter. None of my opinions or errors should, however, be imputed to
him. Thanks also to Professor Willem Grosheide for his suggestions.
1 `England' or, in legal terms, `England and Wales' means that part of the

United Kingdom which is neither Scotland (which has been in political and partial
legal union with England since 1707) nor Northern Ireland (which came into exist-
ence in 1921 on the formation in the southern part of the island of Ireland of the
Republic of Ireland or Eire). The substantive provisions on intellectual property
discussed in the following apply identically to all parts of the United Kingdom.
Occasionally, there ...