Registering a licence

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According to subsection 505 (1) of the Trade Marks Act, an entry concerning a license is made on the basis of a written request by the licensor or the licensee. 

An extract of the licence agreement, authenticated by the Patent Office and containing information necessary for making an entry regarding the parties to the agreement, nature, scope and term of the licence shall be appended to the request. Information on payment of the state fee shall also be appended to the request. According to the subsection 108 (1) of the State Fees Act, the state fee for making an entry on a licence is 32 euros.

The legal nature of a licence agreement is a private agreement regulated by the Law of Obligations Act and valid on terms agreed upon by all parties which means that if a licensor and a licensee have agreed upon rights and obligations of parties in an agreement and one party violates them, the dispute between parties must be solved by means of legal remedies concerning civil liability.

In order to delete an entry in the register concerning licencing a trade mark, the person who filed the application to make the entry to the register must file an application that meets the requirements set out in subsection 29 (3) of the Trade Mark Regulation.

 

 

Last modified 22.02.2017