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Chapter IV. Licensing contracts
Section 1. Signature and term of licensing contracts
Article 152: Holders of a utility model certificate may, by contract, grant a natural person or
legal entity a license enabling him/it to exploit the utility model certificate. The
term of the license may not exceed that of the certificate.
Licensing contracts shall be drawn up in writing and signed by the parties.
Article 153: Licensing contracts must be entered in the special register for utility model
certificates. They shall only be binding on third parties once they have been
entered in the above-mentioned register and published in the forms prescribed by
this Law.
Article 154: The license shall be struck from the register at the request of the certificate
holder or licensee upon presentation of proof of the expiration or termination of
the licensing contract.
Article 155: Unless stipulated otherwise in the licensing contract, the grant of a license shall
not preclude for the licensor the possibility of granting licenses to other persons
provided that he informs the licensee, or that of himself exploiting the utility
model certificate.
Article 156: The grant of an exclusive license shall prevent the licensor from giving licenses
to other persons and, unless the licensing contract stipulates otherwise, from
exploiting the utility model certificate himself.
Section 2. Unenforceable clauses
Article 157: Unenforceable clauses shall be defined as those contained in licensing contracts
or agreed in relation to such contracts, insofar as they impose on the licensee,
from an industrial or commercial standpoint, limitations which do not arise from
the rights granted by the utility model certificate and which are not necessary for
the maintenance of such rights.
Article 158: Unless stipulated otherwise in the licensing contract, the license may not be
transferred to third parties, and the licensee shall not be entitled to grant sublicenses.
Article 159: The following shall not be considered limitations covered by Article 157:
1. restrictions concerning the measurement, scope or term of exploitation of the
utility model certificate;
2. the obligation for the licensee to refrain from any act likely to harm the
validity of the utility model certificate.