There are two types of license, exclusive and non-exclusive. A license is not exclusive if it is not agreed so in License Agreement. In the case of non-exclusive License Agreements, licensor can use design too and Licensor can grant sub-licenses for the same design. In the case of exclusive License Agreements, licensor cannot grant further licences to third parties, and cannot use design unless it reserves its rights obviously.
No, licensees cannot assign their license rights to third parties unless any clause is available for right to assign in License Agreement.
Licensee can take any action, unless otherwise agreed, in respect of the use of design during the term of design registration. If licensee does not act in compliance with the terms and conditions of License Agreement, licensor can put forward its rights of design against licensee.
No, license can be granted and recorded for a pending design application.
There is no requirement to disclose or declare consideration in order to validly license the rights.
Yes, term of license should be clearly indicated in License Agreement. Otherwise, it will not be possible to record license in the registry.
No, license should be done mutually and the express acceptance and declaration of the Licensee is required. In other words, both licensee and licensor should simply sign License Agreement.
There is no requirement for notarization or legalization of a License Agreement. Simple signatures of licensor and licensee on License Agreement are sufficient to record license in the design registry.
Yes, license can be granted for only some of goods and/or services
Recordal of license is not obligatory. Licenses can only have effect against third parties, who are acting in good faith, as from the date of their entry in the design register. In other words, it is not possible to put forward the rights on design against third parties acting in good faith unless and until they are duly entered in the design register.
Not actually, a copy of the License Agreement is sufficient provided that Patent or Trademark Attorney declares that the copy is same as the original.
Yes, a Turkish translation approved by a sworn translator is required for recording License.
License should be individually handled for each case (case by case).
Power of Attorney is not required for recording a license.
There is no deadline and requirement to record License Agreement in the design registry.
Yes, official fees are payable for recordal of license. If there are more than one design within License Agreement, official fees should be paid for each case separately.
Yes, two separate license documents of the same content signed and legalized in two different countries are acceptable for recording license.
Yes, it is acceptable provided that license refers to Turkish design application or registration number(s) therewithin.
Yes, license is published in Turkish Design Bulletin.
Yes, a pending design application can be licensed; there is no requirement for grant or registration of application for license.
Seizure is not an obstacle to license the rights of a design.
Pledge is not an obstacle to license the rights of a design.
In a License Agreement, design registration or design application number, name of design subject to license, design numbers in order in case of multiple design registration and term of license are required within License Agreement; otherwise, recording license will not be allowed in the design registry.
Do you have further questions about license agreements for design registrations in Turkey? Please contact us. We will answer your questions as soon as possible.