Trademark Act Article 39Nov. 30, 2016

Entry of license in the Register

A registered trademark may be licensed by the proprietor, exclusively or non-exclusively, for all or some of the designated goods or services for which it is registered and for a particular locality.

A license referred to in the preceding paragraph shall have no locus standi against any third party unless it is entered in the Register by the Registrar Office.

If the trademark right have been transferred after the license is entered in the Register, the transferee is still bound by the licensing contract.

If the entry of an exclusive license is requested by the proprietor of a registered trademark after a non-exclusive license is entered in the Register, such non-exclusive license shall not be affected.

An exclusive licensee is entitled, within the scope of the license, to exclude the proprietor and any third party from using the registered trademark.

Unless otherwise prescribed in a licensing contract, an exclusive licensee is entitled, within the scope of the license, to bring infringement proceedings in his/her own name.

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Trademark Registration