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It is customary for licensees to structure licences in order to provide for an explicit termination of the licence in the event of management or liquidation of the taker. In this way, the licensee can protect valuable IP assets. If you want to know how lexology can advance your content marketing strategy, please email enquiries@lexology.com. Section 237, paragraph 1 of the 1988 CDPA also has limited licences and compulsory licences for the law. B in order to avoid the abuse of monopolies over functional designs, Section 237, paragraph 1 of the 1988 CDPA provides that each person obtains a licence for any act which, within the last five years of the validity of that design right, would violate an unregured right of origin. If the parties are unable to accept the terms of such a licence, the terms are governed by the Comptroller of Patents, Designs and Trade Marks, although the CDPA does not content with guidelines for the compleur. The EU regulation also imposes the compulsory licensing of patents for the manufacture of medicines in countries with public health problems. Direct or indirect competition prohibitions lasting more than five years are expressly excluded from the category exemption for vertical agreements (for trademark licences contained in distribution agreements). Licensees should not prevent takers from using their own technology, but other non-competition agreements are authorized by the GMO. Identify the different forms of licensing agreements that exist in your country. The patent position is prescribed by law. Under Section 67 of THE 1977 AP, a licensee can only sue against a patent for which it is exclusive and, where it does, the patent holder must join either as a plaintiff or, if he is not disposed to, as a defendant (provided the patent holder is not a defendant, he is not held liable as a defendant). An isolated licensee under Section 67 of PA 1977 may benefit from damages or other facilities.

The most recent case law has stated that an exclusive licence subject to the right of a third party to apply for a non-exclusive licence remains an exclusive licence within the meaning of Section 67 of the 1977 AP until the third party expresses its right. Section 46 of the AP 1977 provides that a licensee may, as part of a „legal licence,“ apply to a patent holder to initiate injury prevention proceedings and, if the patent holder does not do so within two months, may initiate proceedings himself and join the patent holder as a defendant (although he has no duty to pay, unless he or she manifests himself).