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circulation of goods presumed to be counterfeit or pirated, or in relation to such
suspension.
The appeal must be lodged within a period of 15 working days starting from
notification of the decision.
TITLE IV: GENERAL PROVISIONS
Chapter I: Changes in ownership or assignment and licensing contracts
Article 453: Any change in ownership of a patent, utility model certificate, registration of an
industrial design, registration of a layout design, registration of a mark,
collective mark or certification sign, registration of a geographical indication, as
well as any change in ownership of an application relating to one of these titles,
must be notified in writing, at the request of the interested party, by the
Industrial Property Director, and be entered and published, except in the case of
an application for non-publication. Such a change shall not be binding on third
parties prior to such entry.
Article 454: Any change in ownership of a trade name must be accompanied by the transfer
of the firm or part of the firm identified by the name and must be notified in
writing.
Article 455: Any change in ownership of the registration of a mark or collective mark shall
be invalid if it is likely to deceive or create confusion, particularly with regard to
the nature, source, manufacturing process, characteristics or suitability for the
use for which they are intended, of the goods or services in relation to which the
mark or the collective mark is meant to be used or is used.
Article 456: An excerpt from each licensing contract relating to a registered patent, utility
model or industrial design, a registered layout design, a registered mark, or to an
application for one of these titles, must be submitted to the Industrial Property
Director, who shall enter it and publish a mention of such entry. The licensing
contract shall only be binding on third parties once it has been entered.
Article 457: The Industrial Property Director may refuse to enter a contract for the transfer of
ownership or a licensing contract if he notes that the contract concerning the
right in question contains one or more abusive or anti-competitive clauses or
which, in any way, limit trade or are likely to produce such an effect.
The Industrial Property Director shall hear the allegations of the parties to the
contract at the request of one or both of the parties. The parties to the contract
may submit relevant evidence.
One or both of the parties may appeal against the decision of the Industrial
Property Director to the court within a period of 60 days starting from the date
on which the parties were notified of the decision not to record the contract.
Article 458: In accordance with Article 457, any limitations imposed on the assignee or
licensee which do not arise from the rights conferred by the registration of the