The Right to information is a legal instrument that enables one party to request information from another party. In the context of intellectual property and industrial property rights in particular, the right to information is often used to obtain detailed information about the scope of an infringement.
A distinction is made between the independent and the dependent right to information
- Independent right to information: An independent right to information refers to the right of a party to request comprehensive information from another party independently of other claims. An independent right to information must be based on a corresponding legal basis that provides the authority to obtain information.
- Non-independent right to information: The dependent claim for information relates to the type, scope and time of an already specifically identified act of infringement. It serves to quantify Compensation for damages and therefore requires a claim for damages. It finds its basis in Section 242 BGB.