H Law

Article, 2016

Enige rechtspraak over merklicenties

Summary

Article, written with Stijn Debaene, drawing practical lessons for licensors and licensees from case law on trade mark licences. Starting from the CJEU’s definition of a licence in Pie Optiek (C-376/11), it discusses Copad (C-59/08) on breaches of licence terms, the need for precision on goods, form and conditions of use, the interpretation of licence agreements, and Backaldrin (Kornspitz, C-409/12) on a mark becoming a common name. It concludes that both parties benefit from describing clearly the goods or services covered, the form and conditions of use, the duration of the licence and the consequences of its end.

Reference

H. Haouideg en S. Debaene, "Enige rechtspraak over merklicenties", BMM Bulletin, 2/2016, p. 95.

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