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License

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By Anonymous writer - Glossary

A license refers to the right of use of an industrial property title given by the holder, the ‘Licensor’ to a third party, the ‘Licensee’ and which is generally done for the payment of fees (also known as ‘royalties’).

Article L.714-1 provides for trademark licenses, and states that ‘the rights attached to a trademark can be transferred in a licence for exclusive or non-exclusive use and for a pledge’.

There are two different types of license:

  • An exclusive license concerns an individual Licensee who may be able to transfer his rights to sub-Licensees;
  • A non-exclusive license relates to use by an undefined number of Licensees.

The license must be transferred for a defined period of time and will generally require registration within the INPI’s National Register of Trademarks.

In these circumstances, the original holder of the property retains the title over it.

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