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Article 76 - Liability arising from the transfer of the right or granting of the license

Turkish Industrial Property Code (Law No. 6769)
Article 76

Liability arising from the transfer of the right or granting of the license


Article 76

(1) In case it is later determined that the person transferring the design right arising from the application or registration or granting a license shall not be authorized to make such operations, the person in question shall be therefore liable against those concerned.
(2) If a design application is withdrawn or refused or if a design registration is cancelled or deemed invalid, the provisions of Article 79 shall be applied provided a more comprehensive liability through contract in terms of a person transferring his design right or licensor has not been foreseen by the parties. Time to demand the compensation arising from the provision of this article’s provision starts on the date of the final court decision forming basis for liability proceeding.


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