(2) The duration of the license may not be longer than that of the layout-design.
(3) The license contract shall be entered in the Special Register of Layout-Designs. It
shall not be binding on third parties unless it is entered in the said Register and published in
the form specified in the Implementing Regulations relating to this Annex.
(4) The license shall be cancelled from the Register at the request of the holder of the
layout-design or the licensee on presentation of proof of the expiry or termination of the
license contract.
(5) In the absence of provisions to the contrary in the license contract, the grant of a
license shall not preclude the licensor from either granting licenses to other persons, subject to
notifying the licensee, or exploiting the protected layout-design himself.
(6) The grant of an exclusive license shall preclude the licensor from granting licenses
to other persons and, in the absence of provisions to the contrary in the license contract, from
exploiting the protected layout-design himself.
Article 21
Invalid Clauses
(1) Clauses in license contracts or relating to such contracts shall be invalid in so far as
they impose on the licensee, in the industrial or commercial sphere, restrictions not deriving
from the rights conferred by the layout-design or not necessary for the upholding of such
rights.
(2) The following shall not be considered restrictions within the meaning of paragraph
(1) above:
(a) limitations relating to the extent, the scope or the duration of exploitation of the
layout-design;
(b) the obligation on the licensee to abstain from any act liable to harm the validity of
the layout-design.
(3) In the absence of provisions to the contrary in the license contract, the license shall
not be assignable to third parties and the licensee shall not be authorized to grant sublicenses.
Article 22
Recognition of Invalid Clauses
Recognition of the invalid clauses referred to in Article 21 above shall be done by the
civil court at the request of any interested party.
Article 23
Non-Voluntary License for Non-Working
(1) At the request of any person made after the expiry of a period of four years from the
filing date of the application for the registration of a layout-design, or three years from the
date of registration of the layout-design, whichever period expires last, a non-voluntary
license may be granted where one or more of the following conditions are fulfilled:
(a) the protected layout-design is not being worked on the territory of a member State
at the time the request is made;
(b) the working of the protected layout-design on such territory does not meet the
demand for the protected product on reasonable terms;