90 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 (2) A voluntary licence contract concerning a trade mark application or a registered trade mark must be in writing and signed by the licensor and may be submitted in the prescribed manner as contemplated in section 171 to the Registrar who must keep its contents confidential but must, record the grant of the licence in the appropriate register. (3) Any licence contract made in respect of a trade mark which is the subject of an application for registration or a registered trade mark must provide for the effective control, by the licensor, of the quality of the goods or services of the licensee in connection with which the mark is to be used. (4) The Registrar must publish a reference to the grant of a voluntary licence in the bulletin. (5) is effected. A licence contract has no effect against third parties until such recordal (6) The recordal of a licence under subsection (2) may be cancelled on request to the Registrar in the prescribed manner, accompanied by proof that the licence has expired or has been terminated. (7) The registration of a certification trade mark or a collective trade mark, or an application for such registration, may not be the subject of a licence contract other than a licence granted to any person in terms of the rules governing the use of such marks as contemplated in section 188(1) and (2). Invalidation of licences 166. (1) If a licence contract as provided for in section 165 does not provide for such quality control as contemplated in section 165(3), the licence contract is invalid. (2) If a licence has been recorded as provided for in section 165(2) and such quality control is not effectively carried out, any registered user may apply to the Registrar for the right granted to the licensee to use the trade mark to be cancelled as contemplated in section 173(1). Effect of licences 167. Where a licence has been recorded in accordance with section 165(2) – (a) the licensee must be a registered user of the trade mark as contemplated in section 171; (b) the licensee has the right, in the circumstances as contemplated in section 170(4), to institute action against any person who infringes the trade mark as provided for in section 152 or section 183, unless the licence agreement has a contrary provision.