German Federal Supreme Court decides about the continuation of a sub licence upon termination of the main licence

In a decision of July 19, 2012 (I ZR 70/10) the German Federal Supreme Court came to the conclusion that the termination of a main licence, for example due to the non payment of licence fees, does not result in the termination of a sub licence which has been granted by the main licensee. According to the German Federal Supreme Court the interests of the main licensor are sufficiently pro-tected because after termination of the main licence the main licensor is entitled to an assign-ment with regard to the claim between sub licensor and sub licensee for payment of licence fees.