Re: Re: Re: Rght of exclusive licensee to sue third party for infringment
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Posted by M on February 18, 2002 at 08:00:24:
In Reply to: Re: Re: Rght of exclusive licensee to sue third party for infringment posted by Lubarsky on February 18, 2002 at 00:43:51:
: Dear Mr. Auslander, : Thank you for your prompt reply. : I am not sure that your answer solves the problem - if a Licensor grants a right to a Licensee to sue a third party infringer in a situation where the law, by default, does not grant such right to the Licensee - I am not sure the court will automatically recognize such a right and respect the standing of the Licensee. : Isn't it a sort of an assignment of rights which is subject to the consent of the third party ? : Take this analogy for example - let's say a bank loans me $100 and I don't pay back. Can the bank assign its right to the $100 to my neighbor who has an account payable of $100, without my consent ? Aren't I entitled to choose my creditor ?
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