The change in ownership for a registered mark shall have effect in relation to third parties
only after recording into the register of marks.
The empowered authority may refuse to record an assignment contract when he decides that
the contract concerning the right in question contains one or more clauses that are abusive or
anti-competitive or in any manner restrain trade or are likely to have any of those effects. The
empowered authority shall hear the allegations of the parties to the contract, if one or both so
request, and shall take into account evidence that is pertinent provided by parties to the
contract. Any decision to refuse to record the contract may be subject to administrative appeal
or appeal to the competent tribunal to the respectively within one or two (2) months from the
date on which the parties to the contract were notified of the empowered authority ’s decision
to refuse to record the contract .
The assignment contract of registered mark will cease immediately to produce effects after
invalidation by tribunals or for the lapse of mark.
Article 155: License of mark
Any license contract relating to a registered mark or for which registration is requested shall
provide that the licensor exercises effective control over the quality of the goods or services of
the licensee, for which the mark is used. If the license contract does not provide for such
quality control or the quality control is not actually exercised within the prescribed period and
in the requisite manner, the license contract shall not be valid and may not be implemented.
An extract of each license contract shall be submitted to the empowered authority who shall
keep its content secret for:
1° recording it into the register of marks shall be subject to payment of the prescribed fee;
2° publish a reference to the record.
Any license contract for a registered mark shall have effect in relation to third parties only
after recording into the register of marks.
The empowered authority may refuse to record a license contract when it decides that the
contract concerning the right in question contains one or more clauses that are abusive or anticompetitive or in any manner restrain trade or are likely to have any of those effects.
The empowered authority shall hear the allegations of the parties to the contract, if one or
both so request, and shall take into account evidence that is pertinent provided by parties to
the contract. Any x decision to refuse to record the contract may be subject to appeal to the
empowered authority or to the competent tribunal respectively within one or two (2)
months from the date on which the parties to the contract were notified of the empowered
authority’s decision to refuse to record the contract .
The license contract of registered mark will cease immediately to produce effects after
invalidation by tribunals.
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