No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 (c) (3) is effected. 67 INDUSTRIAL PROPERTY ACT, 2012 publish a reference to the grant of the licence in the bulletin. A licence contract has no effect against third parties until such recordal (4) The recordal of a licence under subsection (1) may be cancelled on request to the Registrar in the prescribed manner, accompanied by proof that the licence has expired or has been terminated. Invalid contractual terms in licences 117. Any condition in a contract relating to the sale of an article bearing or embodying a registered design, or to a licence under a design registration of which the effect will be – (a) to prohibit or restrict the purchaser or licensee from purchasing or using any article or class of articles, whether registered or not, supplied or owned by any person other than the seller or licensor or his or her nominee; (b) to prohibit or restrict the licensee from using any article or process not protected by the design registration; (c) to require the purchaser or licensee to acquire from the seller, licensor or his or her nominee any article or class of articles not protected by the design registration; (d) to require or induce the purchaser to observe a specified minimum resale price in respect of any article or class of articles protected by the design registration; or (e) to prohibit or restrict the making, using or disposing of articles bearing or embodying the registered design in any country in which the design is not protected, is invalid. Rights of licensee 118. In the absence of an agreement to the contrary – (a) a voluntary licence to make an article bearing or embodying a registered design carries with it the right to exploit the article, including the right to use or offer to dispose of or dispose of the article; and (b) an exclusive voluntary licence carries with it the right for the licensee to exploit articles bearing or embodying the registered design to the exclusion of all others, including the owner of the design registration, except that such licensee has no right to institute proceedings against third parties for the infringement of the design registration unless the licence contract provides for such right.

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