Immaterialgüterrechtliche Anwartschaftsrechte

Apart from the legal position of the purchaser in an agreement with reservation of ownership in favor of the seller until payment of the purchase price, many other legal positions, including various preliminary stages of intellectual property rights, are categorized as rights of expectancy. In spite of a lively discussion about rights of expectancy, the outlines of this legal position are still blurred, making a clear analysis of any possible rights of expectancy in intellectual property law very difficult. Franz Hofmann presents an abstract description of the legal concept of rights of expectancy, and applies the theory he develops to intellectual property law. He shows that purchasers of intellectual property rights have more protection than was assumed up to now during the strengthening into the full right of ownership due to the concept of rights of expectancy. At the same time, he also demonstrates how intellectual property law is to be better incorporated into the general theory of private law.