Registering a licence
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.
The application has to be accompanied by an extract from the licence agreement containing the information necessary for the entry, concerning the parties to the agreement, the nature, scope and time limit of the licence. An extract is not required if both the licensor and the licensee have signed the application for entry of the licence in the register, and the application contains the information necessary for the entry.
Upon payment of the state fee, a unique reference number shall be used – the applicant receives it from the Patent Office to his or her e-mail address after the application for the operation has been submitted. The state fee pursuant to Article 108 (1) of the State Fees Act for making a register entry for a licence is €32.
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.