Licensing of Marks
And CollectiveMarks
46,(1) Any license contract concerning the registration ofa mark OJ all
application therefor, shall provide for effective control by the licensor olt!«:
quality of the goods or services of the licensee in connection with whic]: the;
mark is-used 11' the license contract does not provide for such quality cOIHiDI
or if such quality control IS not effectively carried out, the license con.r::.:;
shall not be valid
(2) The registration of a collective mark, or an application therefor, nl:I\'
not be the subject of a license contract.
Trade Names
47,( I) A name or dcsignauon may not be used as a trade name ifbv 1[:; [1:1111, c:
or the use :o which it may be put, It [S contrary to public order or Inuralil\' :111(\
if~ in pan icul.u, it is liable III deceive trade circles or the public liS III the: nut u
ofthe enterprise identified by that name
(2)(a) Notwithstanding any laws 01 regulations providing 1'01 any obligation
to register trade names such names shall be protected, even prim to UI
without registration, against any unlawful act committed by third parties
(b) In particular, any subsequent use of the trade name by a third part",
whether as :1 trade name or a mark Dr collective mark, or any such use 01':1
similar trade name or mark, likely [0 mislead the public, shall be deemcrj
unlawful
Acts of Unfair
Competition
48( 1) Any act of competition contrary to honest practices in industrial or
commercial matters shall be unlawful
(2) The following acts, i[1 pan icular, shall be deemed
unfair competition
10
CO[IStlt[IIC
,ICI:;
(i)
all acts of such ,I n.u.ire liS to create confusio» by illlY IIIClillo
whatever with the establishment, the gauds, 01 the indusui.r:
or commercial activities of a competitor;
(ii)
false allegations in the course of trade of such a nature as [l)
discredit till: establishment, the goods or the industrial o:
commercial activities of a competitor;
(iii)
indications or allegations the use of which in the course o(
trade is liable to mislead the public as to tile nature, the
manufacturing process, the characteristics, the suiiabiln. le)i
thei: purpuse, UI the quamity or the gouds
PART V
GENERAL PROVISIONS
Changes in
Ownership License
Contracts
49,( I) Any change in the ownership of a patent, the registration of an
industrial design or the registration of a mark or collective .nark, or in the
ownership of an application therefor, shall be in writing and shall, at the;
request of 3n':! interested party, tothe Registrar. be recorded aIlCI , except ill
the case otan application, published by the: Registrar, Such change shall have'
no effect against third parties until such recording is effected.
(2) Any change ill the ownership of the registration ora collective mark, or
in the ownership ofan application therefor, shall require previous approval by
the Director' General.