Der Begriff der Dinglichkeit im Immaterialgüterrecht

Since the laws on intellectual property rights contain very few provisions regarding legal transactions with intangible goods, general principles and standards of the BGB [German Civil Code] are frequently invoked to resolve practical and doctrinal issues, for example by classifying the intellectual property rights and/or licenses and rights of use under intellectual property law as “rights in rem” and deriving certain legal consequences therefrom. In this light, the present paper discusses the question to what extent the term “in rem” is actually based on a universal typology of characteristics that is suitable to characterise legal positions under intellectual property law, which is central to the relationship of intellectual property law and general civil law. As a result, the author develops a fundamental system based on which it is possible to resolve problematic scenarios, in particular with respect to the granting of licenses and rights of use, in a doctrinally sustainable way.