Answer ... According to Article 144 of the Federal Law for the Protection of Industrial Property, unless otherwise stipulated in the licence agreement, a licensee will have the power to exercise all legal actions to protect the patent as if it were itself the patent holder. Exploitation of the patent by a licensee will be deemed to have been carried out by the patent holder (Article 145 of the Federal Law for the Protection of Industrial Property), except in the case of compulsory licences.

That said, a licensee may exercise all rights as if it were the patent holder itself, except where otherwise stipulated in the licence agreement.

Answer ... This will depend entirely on the parties at the time of negotiating and signing the licence agreement. They can adapt it to their needs, since the law does not restrict the conditions that a patent holder can impose on a licensee.

For example, an exclusive or non-exclusive licensee can sue for patent infringement, unless there is a restriction to this effect in the agreement. In practice, however, the patent holder normally retains the right to sue third parties.