TRADE MARKS ORDINANCE
PART V
Licensing of Registered Trade Marks
Preliminary
32. Interpretation
“exclusive licence” (專用特許) means a licence, whether general or limited, authorizing the licensee to the exclusion of all other persons, including the person granting the licence, to use a registered trade mark in the manner authorized by the licence; and “exclusive licensee” (專用特許持有人) shall be construed accordingly;
“licence” (特許) includes a sub-licence; and “licensee” (特許持有人) shall be construed accordingly.
Licences
33. Licences may be general or limited
(1) A licence to use a registered trade mark may be general or limited.
(2) A limited licence may, in particular, apply—
- (a) in relation to some but not all of the goods or services for which the trade mark is registered; or
- (b) in relation to use of the trade mark in a particular manner or a particular locality.
(3) A licence is not effective unless it is in writing and is signed by or on behalf of the grantor.
(4) The requirement in subsection (3) may be satisfied in a case where the grantor is a corporation by the affixing of the seal of the corporation.
(5) Unless the licence provides otherwise, it is binding on a successor in title to the grantor’s interest; and references in this Ordinance to doing anything with, or without, the consent of the owner of a registered trade mark shall be construed accordingly.
(6) A licence may authorize a licensee to grant a sub-licence.
34. Exclusive licence may provide same rights as assignment, etc.
(1) An exclusive licence may provide that the exclusive licensee shall, to such extent as may be provided by the licence, have the same rights and be entitled to the same remedies in respect of matters occurring after the grant of the licence as if the licence had been an assignment.
