Intellectual property · Legal information

What Does the Right Holder Do If the Licensee Crosses the Limit?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

A licence stands within the limit of class, duration, region, and sub-licence that the right holder drew in the contract. If the licensee crosses this line, the act can be a breach of the contract, and use the permission does not cover can also be read as an infringement of the right. A record that is not entered on the register is not treated as absent between the parties. The question of what the right holder does is not answered before the text and the actual use are read side by side.

The sentence of the limit comes out of the text

A wide sentence built without writing exclusivity, the region, the list of goods, and the sub-licence does not produce the same circle in every contract. The right holder reads separately the duration of the permission they gave, its medium, and the record of the sub-licence. A sub-licence that was not written does not come out of the licensee's own authority. Even if the fee was not paid, the use does not become unpermitted in a moment if the contract does not itself end the right. This distinction comes out of the text's own sentence.

Use in a country or a class that is not in the contract does not stand inside the permission. A sign after the date the licence ended does not mean the duration was extended. The right holder can speak separately, by a notice or an action, of the act that crosses the line. Not every contract dispute produces a result of infringement. Which act stayed outside is chosen from there if the text of the permission and the record of the sale stand together. The neighbouring records sit under the register of the licence, assignment and licensing of a trade mark, a patent licence, assignment of an economic right, and the mark when a dealership ends.

Assignment of the economic right in a work is not the short name of a licence. The right that was assigned can also erase the permission that remains. The class list in a trade-mark licence is not a copy of the record of the medium in a licence of a work. The right holder separates, from the line of the contract, which right the permission they gave left and which one they kept. The fee item does not change the type of the right. If the medium is not written, every medium is not treated as having been opened on its own, and this gap is not accepted as filled by a later invoice.

The record of use and the contract

The reading of the act that crosses the line comes from the annex of the contract and from the record of the actual use. An invoice can show that the sale was made, but it is not put in place of the class list. The petition does not add to the contract a country that was not written. The decision is not built while the text and the use do not stand. While there is no document, the limit is not announced. The register printout stands separately against a third person in good faith, and it does not stand in for the text between the parties. The date of the printout and the date of the use that crosses the line are placed side by side. While there is no date, the good faith of the third person is not assumed.

The application chooses, from the contract in the annex, which right was used. If there is both a trade-mark permission and a permission for a work in the same group, the two texts are not melted into a single paragraph. A missing annex is not treated as completed with the name of a country remembered later. A photograph of the use does not itself widen the class list. The right holder shows, sentence by sentence, outside which line of the permission the act that crosses it stayed.

A notice is not a contract that draws the limit again. The notice asks for the act that crosses the line to stop, and it does not add a country that was not written to the permission. The other party's reply should show which class is being discussed. While there is no reply, every class is not treated as accepted. The right holder separates the use that crosses the line by date and by the name of the good. While there is no name of the good, a general sentence of infringement does not take the place of the class list. This distinction is the backbone of the later petition of the action. A missing date does not carry the use to another period. The period is read from the day on the invoice or on the record of shipment. While there is no record, a period is not announced.

An exclusive licence and an ordinary licence do not carry the same sentence of result either. If exclusivity is not written, the right holder's own use is not treated as having closed on its own. In an ordinary licence, more than one person standing in the same region is not an infringement if the text permits it. While there is no text of permission, a guess of a number is not made. The register annotation shows the exclusivity separately against a third person. The sentence of exclusivity between the parties is not erased because there is no annotation. The good faith of the third person is read separately from the absence of the annotation.

A Çankaya address does not write the class

A lawyer in Ankara who asks about the limit does not produce jurisdiction from the office being in Çankaya. The office in Çankaya does not stand in for the registry directorate, and it does not change the competent authority. A district name is not written in place of the region of the contract. The competent place is read from the dispute's own rule.

How the limit is read from the contract

A figure of duration and of rate is not written from this note. A class that is not in the contract is not counted as permission.

Conclusion

When the licensee goes outside the limit the contract drew, the act ceases to be permission. The register stands separately against a third person in good faith, and a result is not stated before the concrete contract is seen. The frame sits on the intellectual property page, and the basis is the Industrial Property Code No. 6769.

Legislation

Frequently asked questions

If the licensee uses it in another class, is this still a licence?

A class, a region, or a duration the contract does not cover is not counted inside the licence. The act that crosses it can be a breach of contract, and it can also be read as an infringement of the right.

Is a licence that is not entered on the register invalid?

The contract between the parties is read separately. The register record stands separately against third persons in good faith. The text between the parties is not disregarded in every file because there is no record.

Is a sub-licence free on its own?

No. A sub-licence is spoken of if it is expressly in the contract. A sub-licence that was not written does not come out of the licensee's own authority.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Intellectual property

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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