Intellectual Property Act, No. 36 of 2003
45
54. (1) In the absence of any provision to the contrary
in the licence contract, the licensor may grant further licenses
to third parties in respect of the same industrial design or on
behalf of himself do any or all of the acts referred to in subparagraphs (a), (b) and (c) of subsection (1) of section 47.
Rights of licensor.
(2) Where the license contract provides that the license
is exclusive, and unless it is expressly provided otherwise in
such contract, the licensor shall not grant further licenses to
third parties in respect of the same industrial design or not
execute any of the acts referred to in sub-paragraphs (a), (b)
and (c) of subsection (1) of section 47 or cause to be executed.
55. Any clause or condition in a license contract shall
be null and void in so far as it imposes upon the licensee, in
industrial or commercial field, restrictions not derived from
the rights conferred by this Part on the registered owner of
an industrial design, or unnecessary for safeguarding of such
rights :
Invalid clauses in
license contracts.
Provided that—
(a) restrictions concerning the scope, extent, or duration
of use of the industrial design, or the geographical
area in or the quality or quantity of the products in
connection with which the industrial design may
be used ; and
(b) obligations imposed upon the licensee to refrain
from all acts capable of prejudicing the validity of
the registration of the industrial design,
shall not be deemed to constitute such restrictions.
56. Where, before the expiration of the license contract
the registration is declared null and void the licensee in such
event not be required to make any payment to the licensor
under the licence contract, and shall be entitled to
reimbursement of the payments already made :
Effect of nullity of
registration of
license contract.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents