No. 4907 Act No. 1, 2012 Government Gazette 23 March 2012 91 INDUSTRIAL PROPERTY ACT, 2012 Assignability of licences or user rights 168. (1) Where a licence is granted to use a registered trade mark as contemplated in section 165, or where a person is allowed to use a registered trade mark as contemplated in section 170, such licence or user right may only be transferred to another person – (a) with the agreement and consent of the trade mark owner; or (b) if the transfer takes place with the transfer of the enterprise or business of the person to whom the licence or user right was granted. (2) Any assignment or transfer contrary to subsection (1) is invalid. Effect of invalidity of registration on licence 169. (1) Any contract, in so far as it relates to a licence under a trade mark application or a registration to use such trade mark, terminates on the date on which the trade mark application is refused, or on which the trade mark registration, under which the licence was granted, expires, is revoked removed or otherwise ceases to protect such trade mark. (2) Where a contract relates to licences under more than one application or registration, such part of the contract as relates to any particular licence terminates when the application or the registration under which it was granted is refused or expires, is revoked or otherwise ceases to protect the trade mark concerned, and the contract as a whole terminates when all the registrations under which all such licences were granted and which were in force at the time when the contract became operative, expire, are revoked or otherwise cease to protect the relevant trade marks. (3) Nothing in this section affects any right to terminate a contract or a condition in a contract independently of this section. Registered use 170. (1) Where a registered trade mark is used by a person other than the owner thereof but with the licence of the owner, whether in terms of a licence agreement or by reason of another instrument of control, and whether or not such licence or other instrument has been recorded as contemplated in sections 165(2) and 167, such use is deemed to be permitted use for the purposes of subsection (2). (2) The permitted use of a trade mark referred to in subsection (1) is deemed to be use by the owner and may not be regarded as use by a person other than the owner for the purposes of section 176 or for any other purpose for which such use is material under this Act or at common law. (3) Subject to the provisions of this section, a person, other than the owner of a registered trade mark, who uses such trade mark with the licence of the owner, may be registered as a registered user in terms of section 171 in respect of all or any of the goods or services in respect of which the trade mark is registered.