14
Trademarks
No. 2
(b) may provide for conditions and restrictions to which the
licensee shall comply with (in this Act referred to as the
“permitted use”).
(3) Where the licence does not provide for quality control or
where such quality control is not effectively carried out, the licence
shall not be valid.
(4) The permitted use of the trademark shall be deemed to be use
by the owner for the purposes of section 15 and for any other
purposes for which such use is material under this Act or any other
law.
(5) Subject to any agreement subsisting between parties, a
licensee of a trademark shall be entitled to call upon the owner of
the trademark to take proceedings to prevent infringement of the
trademark and, if the owner refuses or neglects to do so within sixty
days after being so called, the licensee may institute proceedings in
his own name for infringement as if he were the owner of the
trademark and may make the owner a defendant.
(6) Where there is a proposal to register a person as a licensee of
a trademark, the owner and a proposed licensee of the trademark
shall submit a written application to the Registrar in the prescribed
form and with an affidavit or a solemn declaration made by the
owner or by some person authorized to act on his behalf, and
approved by the Registrar__
(a) giving particulars of the relationship existing or proposed
between the owner and the proposed licensee, including
particulars showing the degree of control by the owner over the
permitted use which their relationship will confer and whether it
is a term of their relationship that the proposed licensee shall be
the sole licensee or that there shall be other restriction as to
persons who may be registered as licencees;
(b) stating the goods in respect of which the licence is
proposed;
(c) stating any conditions or restrictions proposed with respect
to the characteristics of the goods, mode or place of permitted use
or to any other matter;
(d) stating whether the permitted use is to be for a period and
duration thereof; and
(c) with such further documents, information or evidence as
the Registrar may require.
(7) The Registrar may register the proposed licensee as a licensee
in respect of the specified goods or services, if after considering the