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Article 95
The owner of a mark may license one or more natural persons or legal entities to use his mark
on all or some of the products for which the mark was registered. Such license to a third party shall
not prevent the owner from using his mark, unless otherwise agreed.
The owner of a mark may not cancel or refuse the renewal of the license contract without valid
reasons.
Article 96
To be recorded in the Trademarks Register, a license agreement for the use of a mark shall be
certified, or the signatures thereon endorsed. It shall not be valid with respect to a third party unless
recorded and published in the manner prescribed in the Regulations.
Article 97
A licensee may not, unless otherwise agreed, assign the license contract to a third party except
in connection with the assignment of the commercial enterprise or exploitation project in which the
mark is utilised to distinguish the products thereof.
The mortgage of or the right of disposal of a mark shall not be valid with respect to a third
party, unless such has been duly recorded in the register and published in the manner prescribed in
the Regulations.
Article 98
The license contract may not include any conditions, which may unnecessarily restrict the
license in order to maintain the rights conferred by the registration of the mark.
The license contract may, however, include the following:
(1)
(2)
(3)
Limit of the license period for use of the mark.
Reasonable conditions which provide for the effective control by the owner of the mark of
the quality of the products identified by the licensed mark; without restricting the licensee’s
freedom of management and production.
Commitment of the licensee to refrain from any act that might undermine the status of the
products identified by the mark.
Article 99
The owner of the mark or the licensee may request the cancellation of a license contract. The
Department shall notify the other party of such a request.
Such cancellation shall be in accordance with the conditions and procedures prescribed in the
Regulations.