22 Approval of licence contracts No. 12 Trade and Service Marks 1986 entire country, and in respect of all the goods or services for which the trade or service mark is registered, subject to any conditions or limitations entered in the register. 45. The Minister responsible or other competent authority may, by order provide that, on pain of invalidity, licence contracts or certain categories of them, and amendments or renewals of such contracts, shall require the approval of the Registrar, taking into account the needs of the country and its economic development. Variation and cancellation 46. Without prejudice to the provisions of section 36, the registration of a person as a registered user(a) may be varied by the Registrar on the joint application in writing in the prescribed manner of the registered proprietor and the registered use who shall, in amending a previous registration of the licence contract, take into account the facts, procedure, regulations and any other requirements considered at the time of the previous registration of the licence contract between the registered proprietor and the proposed registered user; (b) may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade or service mark; or (c) may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds. (i) that the registered user has used the trade or service mark otherwise than by way of the permitted use, or in such a way as to cause or to be likely to cause deception or confusion; (ii) that the proprietor or the registered user mispresented or failed to disclose some fact material to the application for registration, or that the circumstances have materially changed since the date of registration; and (iii) that the registration ought not to have been effected, having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested. Prohibition of Assignments and Sub-licence 47. A licence shall not be assignable to third parties and the registered user shall not be entitled to grant sub-licences. PART XI LEGAL PROCEEDINGS Appeals Reference to court by Registrar 48. A person may appeal from any decision made by the Registrar subject to the provisions of this Act and its Regulations and such appeal shall be made to the Court. 49. When any matter to be decided by the Registrar under this Act appears to him to involve a point of law or to be of unusual importance or complexity, be may, after giving notice to the parties, refer such matter to the court for a decision and shall thereafter, in relation to such matter, act in accordance with the decision of the court.

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