(1) The right arising from the registration of a trade mark, the use of a trade mark or the fact of being a well-known mark may for all or for a part of the goods or services for which the trade mark enjoys protection form the subject-matter of exclusive or non-exclusive licences for the territory of the Federal Republic of Germany as a whole or part of this territory.
(2) The proprietor of a trade mark may assert the rights from the trade mark against a licensee who acts contrary to a provision of the licence agreement with regard to
1. the term of the licence,
2. the manner in which the trade mark may be used, as covered by the registration,
3. the nature of the goods or services for which the licence was issued,
4. the territory in which the trade mark may be affixed, or
5. the quality of the goods manufactured by them or of the services provided by them.
(3) The licensee may file proceedings for infringement of a trade mark only with the consent of its proprietor. By way of derogation from sentence 1, the holder of an exclusive licence may file proceedings for infringement of a trade mark if the proprietor of the trade mark, after formal notice, does not himself bring proceedings for infringement of a trade mark within an appropriate period.
(4) A licensee may, for the purpose of claiming compensation for damage suffered by him, intervene in an infringement action brought by the proprietor of the trade mark.
(5) A transfer of rights in accordance with section 27 or the grant of a licence in accordance with subsection (1) shall not affect licences previously granted to third parties.
(6) At the request of the proprietor of the trade mark or the licensee, the German Patent and Trade Mark Office shall enter the grant of a licence in the Register if proof is furnished to it that the other party has given its consent. This shall apply accordingly to the modification of a registered licence. The registration shall be cancelled at the request of the proprietor of the trade mark or the licensee. The request for cancellation by the proprietor of the trade mark shall be subject to proof of the consent of the licensee named upon registration or his successor in title.