is basically known to the agent on termination of agency contracts may have a right to compensation by the employers pursuant to § 89b HGB. The termination shall be by notice to the proprietor or for example, by a termination agreement.
is already so well known that the Supreme Court applied in accordance with § 89b HGB compensation claim with other contracts. Also in dealer contracts or franchise agreements can the dealer or franchisee a right to compensation on termination of the contract entitled. In principle, one could ask whether this law applies to a Contract for the license.
The Supreme Court (Judgement of 29.04.2010 - I ZR 3 / 09 - JOOP) has now ruled that a compensation claim even if the licensee a trademark licensing agreement is considered in principle. However, here again, the conditions for the appropriate application of § present 89b HGB, namely in particular the involvement in the sales organization of the contractor and the agreement that the customer base to the manufacturer or supplier should be the extent transferred, so that the benefits of the customer base now and make readily available.
If the aforementioned conditions, so also the licensee at the termination of the licensing agreement the licensor of the compensation for the customers demand. This may be a significant burden on the licensee or an economically very welcome payment the licensee to act.
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