17 Section 5 Transfer of Marks, Licenses 71.—(1) The rights attaching to a mark that has been applied for or registered may, independently of the transfer of all or part of the enterprise using the mark, be assigned or transferred with regard to all or part of the goods or services for which the mark is intended. (2) The assignment or transfer of the rights may not be effected for the purpose of evading the law or of misleading the public in any way whatsoever. (3) Acts relating to rights deriving from a mark involving transfer of ownership or the granting of a right of exploitation or cession of such right or pledge or release of pledge, shall be recorded in writing, on pain of nullity. (4) Notwithstanding the provisions of the Code of Registration and Stamps, any document drawn up in accordance with paragraph (3) must be recorded with the Agency in the Special Register of Marks in order to be invocable against third parties. (5) The contract shall enter into force only once its advisability has been examined and the competent authority has given a favorable decision. 72.—(1) For the purposes of this Ordinance, “licensing contract” shall mean any contract by which one party (the licensor) gives his agreement to the other party (the licensee) for the carrying out by such other party, with respect to the registered mark, of the acts referred to in Article 71. (2) Paragraph (1) shall also apply where the licensing contract concerns a mark that is the subject of an application for registration. 73.—(1) A mark licensing contract must be in written form and must be signed by the parties, failing which it shall be null and void. (2) A mark licensing contract that has already been concluded may be recorded in compliance with the implementing decree on payment of the prescribed fee. No person may rely on the fact that he did not have knowledge of a recorded licensing contract. 74. A licensing contract must provide for an effective guarantee given by the licensor to the licensee with respect to the goods or services for which the mark is used. 75. Unless otherwise stipulated in the licensing contract or during the term of validity of the contract, the licensee shall be entitled to carry out, with respect to the registered mark, all the acts referred to in Article 66 during the whole term of the registration, taking into account any renewals on the whole national territory and for all goods or services for which the mark has been registered. 76.—(1) Unless otherwise stipulated in the licensing contract, no agreement given by the licensee to a third party for carrying out the acts referred to in Article 66 shall be valid. (2) A licensing contract may not permit the assignment of the license or the granting of sublicenses unless an effective guarantee is provided, by the owner of the registration of the mark, of the quality of the goods or services of any assignee or any sublicensee, for which the mark is used. 77.—(1) All acts concerning a mark, including those referred to in Article 71(3), must be entered in the special register of marks kept for that purpose at the Agency.