Recordal Of License Agreement

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Branded licensees are required to monitor the quality of the purchaser`s products that are the subject of the licensed trademark. The licensing agreement should include quality control/control, the type of corrective action made available to the donor when the taker does not meet quality standards. You should carry out your own quality control/control in accordance with the agreement and take measures to control the quality. Your quality control conditions and effective supervision may be evidence of possible disputes over your liability for poor quality products that may have harmed a third party. Can I prevent my licensee from selling licensed products outside of China? b) Condominium status: in the context of co-ownership, the contract applies when an agreement is reached for the exercise of patent law. In the absence of such an agreement, any co-owner may exercise another party independently to operate the patent, but only through the non-exclusive license. However, royalties are distributed among the co-owners. In practice, when submitting the written application for such a non-exclusive licensing agreement to SIPO, no documentation of the agreement of the other owners is required. If the registration is successful, the licensee obtains the rights: if the entire license cannot be filed, the applicant must provide an extract of the license containing the necessary information. Registration procedures for trademark licences and franchise agreements in Cambodia underwent significant changes with the issuance of a new regulation by the Department of Intellectual Property Rights on 13 January 2020.

Compared to current practice, new documents and information are required and registrations only apply to renewable five-year deadlines. The regulation also stipulates that licensing agreements must contain specific information in order to be registered. The duration is indicated in the license agreement or can be determined by reference to another agreement. There is no obligation to disclose or report the consideration in order to validate the rights. Certification or legalization of a licensing agreement is not necessary. The simple signatures of the licensee and the licensee on the licensing agreement are sufficient to register the license in the trademark register. For Chinese companies that grant their patent rights to foreign companies, a technology export certificate must be acquired under Chinese patent law before registering their Chinese patent licensing agreements with SIPO. Documents 1. two (2) original or two (2) certified copies of the signed license agreement; 2. copy of the patent of invention/utility solution/industrial design or trademark registration certificate of licensed objects; 3) a notarized certified copy of the commercial/investment licence if the taker is a Vietnamese unit; 4. A signed power of attorney from the licensee or licensee.

Under the Trademark Act, a licence must be registered with the DIPR to be valid against third parties. In practice, the record allows the taker to assert the rights of the mark if the licensee of the brand opposes it or is not able to do so.

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