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.