Trademarks and patents: legal regime for licenses

IL licencia finalBefore signing a license agreement on either trademarks or patents, keep in mind that if you do not leave certain key points clear in the contract the Law 20-00 on Industrial Property would apply to dissipate these ambiguities.

Therefore, if the parties do not agree otherwise, the law provides that:

  • The license covers all acts that could be lawfully performed by the owner, and during the entire term of registration;
  • The prohibition of giving license over the given license;
  • The prohibition to sub-license the given license; and
  • If not clearly stated the license is not exclusive. But if the license is given exclusively the owner shall not give other licenses and shall not exploit the trademark or patent for itself.

To have legal effect against third parties licenses must be registered before the National Office of Industrial Property (ONAPI).

Spanish version | Versión en español

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