An “exclusive license” refers to a licence that confers on the licensee and the persons it has mandated, to the exclusion of any other person (including the copyright holder) a right contained in the copyright of a work, and the “exclusive licensee” must be interpreted accordingly. Therefore, only a person with an exclusive copyright can initiate proceedings in the event of a violation of it. The exclusive licensee has the right to sue for patent infringement after the date of the licence (section 109 of the Patent Act 1970). The non-exclusive licensee also has the right to sue for patent infringement after the date of the licence, provided that the patent holder refuses or neglects the opening of proceedings within two months of its appeal (Article 110 of the Patent Act 1970). India has double taxation agreements with some countries. For the registration of a person or company as a registered user of a registered trademark or licensee, Form TM-28 must be filed with the relevant Registrar of Trade Marks, jointly by the holder/donor of the registered trademark and by the licensee or registered user. The Registered User Agreement/License Agreement is one of many documents and cases submitted to the Registrar for this purpose. In addition, the application must be submitted to this effect within six months of the expiry date of such an agreement between the licensee and the licensee. Such an agreement must cover the duration of the license indicated and the conditions of licence agreed upon by mutual agreement. After fully satisfied with the content of the license agreement, the Registrar will publish the relevant information in the brand log within two months to ensure that there is “no objection” from any other person and entity in India or abroad. However, the unregant user is not allowed to initiate infringement proceedings.
The licensee is advised to consider the trademark holder as a co-accused in such a procedure. If the patent holder is added by the registered user as a co-accused, he is not liable for costs unless he appears and participates in the proceedings. However, only a few rights related to the registered trademark are transferred to the licensee. Ownership of the licensed trademark and other critical rights related to the registered trademark holder will not be transferred to the licensee. The licensing of trademarks in India allows Indian and foreign companies throughout India to open franchises, allow suppliers to use the brand, etc. Indeed. B, a trademark holder may license another person to use their trademark in both goods and services. It would be important to mention that registration of the authorized use is optional, but it is advisable that the registered use contract/licensing contract be registered with the Registrar of Trade Marks.
2020年12月16日 7:03 AM 未分類