Oct 122021

In the global environment, a formal licensing agreement is conceivable precisely when the intellectual property you wish to authorize is additionally insured in other nations or nations of enthusiasm for you. If your intellectual property is not protected in those other countries or nations, you may not have the option to authorize it and you may not have the legitimate right to restrict its use by another person. Under the Companies Act 2016, an entity that creates charges on a trademark must register the fee with the Registrar of Companies, failing which the burden on the liquidator and any creditor of the company is zero. The bill removes the current system of registered users and replaces it with a licensing system that does not require registration. Although the draft law does not impose explicit restrictions on the power of trade mark proprietors to issue licences, it is clear from Article 46(1)(d) that the lack of control by the trade mark proprietor over the use of the trade mark by its licensee may render the trade mark misleading and revocable. In this context, trade mark proprietors must continue to exercise quality control over the licensed goods and services, in order to ensure that there is no confusion and deception as to the origin of the goods and services without which they can make the mark revocable. 3. Recognition of trade marks as a form of safeguard interest Where a trade mark transaction constitutes a `registration operation`, it must be registered without which the transaction is not effective vis-à-vis a third party who, in ignorance of the activity, acquires an interest to the contrary. A person who becomes the proprietor of a trademark because of the ability to register would not be able to claim damages or a statement of profits in the event of trademark infringement that occurred before the date of the application for registration of the transaction. The registration of a transaction may be carried out by a person who claims to be entitled to participation as a result of the registration transaction or by another person who claims to be affected by the transaction. . . .

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