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Licensing And Assignment

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Chapter Summary

Art. 21 regulates the licensing and assignment of trademarks. Members are given considerable freedom in this regard, restricted by only two specifications. In respect of licensing, Members are precluded from requiring compulsory licensing of trademarks. It is remarkable in this respect that compulsory licensing is explicitly ruled out only in the field of Trade-Related Aspects of Intellectual Property Rights (TRIPS) trademark law. In this respect, Art. 21 overrules the Paris Convention (PC) and introduces the principle of free assignability. Thus, the Members are no longer allowed to make the assignment of a trademark dependent on the transfer of the relevant business, even if limited to the domestic portion.

Keywords: assignment; licensing; Paris Convention (PC); TRIPS trademark law



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