In German law, an exclusive right means a right of use with the effect of excluding others from this use.
Intellectual property law
In the case of industrial property rights , the owner of a copyright , trademark or patent right is legally entitled to the exclusive use of the work , the trademark or the patent ( exclusive right ). However, the holder can third by contract a right of use to this commercial exploitation to enable the work or the brand ( para. 3 Copyright Act , , Trademark Act ).
The simple right of use entitles the third party to use the work in the permitted manner without the possibility of use by others being excluded. One example are certain Creative Commons licenses , which largely dispense with copyright.
An exclusive right of use allows the work to be used in the agreed manner to the exclusion of all other persons and to grant further rights of use to it ( exclusive right ). It represents an absolute right to a quasi-material right .
Other areas of law
A separate legal definition of the "exclusive right" is contained in Art. 2 lit. f of Regulation (EC) No. 1370/2007 . According to this, an “exclusive right” is a right that entitles a public service operator to provide certain public passenger transport services on a certain route or in a certain route network or area to the exclusion of all other such operators. According to Section 8a (8) PBefG , the competent authority can grant an exclusive right to passenger transport in a public service contract .
- § 31 UrhG with BGH decisions
- Volker Friedrich-Schmid: Exclusive rights to images , February 3, 2013.
- C. Löser: Legal Objects Schematic Overview, June 2007 / Oct. 2010.
- REGULATION (EC) No. 1370/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2007 (PDF) on public passenger transport services by rail and road and repealing Regulations (EEC) No. 1191/69 and (EEC) No. 1107/70 of the Council
- Jörg Niemann: Line permits as exclusive rights: Well, yes, but differently than expected March 2014.