Licensors beware? Sub-licence capable of surviving termination of head licence
In a recent software licensing dispute, the High Court has held that it is possible, in certain circumstances, for a sub-licence to remain valid despite the termination of the head licence. The decision, which admittedly turned on particular facts, challenges the principle of ‘nemo dat’. Olswang examines the decision and its practical implications for those licensing copyright works (and other forms of intellectual property) and for other interested parties such as insolvency practitioners.
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