No. 4907
Government Gazette 23 March 2012
Act No. 1, 2012
(c)
(3)
is effected.
67
INDUSTRIAL PROPERTY ACT, 2012
publish a reference to the grant of the licence in the bulletin.
A licence contract has no effect against third parties until such recordal
(4)
The recordal of a licence under subsection (1) may be cancelled on
request to the Registrar in the prescribed manner, accompanied by proof that the licence
has expired or has been terminated.
Invalid contractual terms in licences
117.
Any condition in a contract relating to the sale of an article bearing or
embodying a registered design, or to a licence under a design registration of which the
effect will be –
(a)
to prohibit or restrict the purchaser or licensee from purchasing or
using any article or class of articles, whether registered or not, supplied
or owned by any person other than the seller or licensor or his or her
nominee;
(b)
to prohibit or restrict the licensee from using any article or process not
protected by the design registration;
(c)
to require the purchaser or licensee to acquire from the seller, licensor
or his or her nominee any article or class of articles not protected by the
design registration;
(d)
to require or induce the purchaser to observe a specified minimum
resale price in respect of any article or class of articles protected by the
design registration; or
(e)
to prohibit or restrict the making, using or disposing of articles bearing
or embodying the registered design in any country in which the design
is not protected,
is invalid.
Rights of licensee
118.
In the absence of an agreement to the contrary –
(a)
a voluntary licence to make an article bearing or embodying a registered
design carries with it the right to exploit the article, including the right
to use or offer to dispose of or dispose of the article; and
(b)
an exclusive voluntary licence carries with it the right for the licensee
to exploit articles bearing or embodying the registered design to the
exclusion of all others, including the owner of the design registration,
except that such licensee has no right to institute proceedings against
third parties for the infringement of the design registration unless the
licence contract provides for such right.