90
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
(2)
A voluntary licence contract concerning a trade mark application
or a registered trade mark must be in writing and signed by the licensor and may be
submitted in the prescribed manner as contemplated in section 171 to the Registrar
who must keep its contents confidential but must, record the grant of the licence in the
appropriate register.
(3)
Any licence contract made in respect of a trade mark which is the
subject of an application for registration or a registered trade mark must provide for the
effective control, by the licensor, of the quality of the goods or services of the licensee
in connection with which the mark is to be used.
(4)
The Registrar must publish a reference to the grant of a voluntary
licence in the bulletin.
(5)
is effected.
A licence contract has no effect against third parties until such recordal
(6)
The recordal of a licence under subsection (2) may be cancelled on
request to the Registrar in the prescribed manner, accompanied by proof that the licence
has expired or has been terminated.
(7)
The registration of a certification trade mark or a collective trade mark,
or an application for such registration, may not be the subject of a licence contract other
than a licence granted to any person in terms of the rules governing the use of such
marks as contemplated in section 188(1) and (2).
Invalidation of licences
166.
(1)
If a licence contract as provided for in section 165 does not
provide for such quality control as contemplated in section 165(3), the licence contract
is invalid.
(2)
If a licence has been recorded as provided for in section 165(2) and
such quality control is not effectively carried out, any registered user may apply to the
Registrar for the right granted to the licensee to use the trade mark to be cancelled as
contemplated in section 173(1).
Effect of licences
167.
Where a licence has been recorded in accordance with section 165(2) –
(a)
the licensee must be a registered user of the trade mark as contemplated
in section 171;
(b)
the licensee has the right, in the circumstances as contemplated in
section 170(4), to institute action against any person who infringes the
trade mark as provided for in section 152 or section 183, unless the
licence agreement has a contrary provision.