Registration of licence

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The proprietor of a patent (licensor) may pursuant to a written license agreement grant the use of the rights of the proprietor of the patent listed in  § 15 Subsection 1 of the Patents Act to another person or persons (licensee) in part or in full. The term of a license shall not be longer than the term of patent protection, in the case of supplementary protection of medicinal products and plant production products not longer than the term of supplementary protection (Patents Act § 46).

Licenses may be registered in the patent register, but it is not mandatory. A written request of the licensor or the licensee together with a copy of the license agreement or an extract from the license agreement which contains information necessary for the registration shall be filed with the Patent Office. A state fee shall be paid for an entry concerning a license.

Upon the transfer of a patent to another person, the rights and obligations deriving from the license are also transferred to the said person.

Unregistered license does not have the legal power upon the third persons. In case of the collosion of rights given by different licenses to several licensees the licensee whose license is registered enjoys an advantage.

Upon refusal of the proprietor of the patent to grant a license, a person who is interested in using a patented invention and is capable of doing so in the Republic of Estonia, may file an action with a court for acquiring a compulsory license pursuant to the Patents Act § 47.

 

 

 

 

 

 

 

 

 

Last modified 22.02.2017