Singapore legislation

Section 42

of Trade Marks Act 1998

Section 42

Licensing of registered trade mark

(1)

A licence to use a registered trade mark may be general or limited.

(2)

A limited licence may, in particular, apply in relation to some but not all of the goods or services for which the trade mark is registered.

(3)

A licence is not effective unless it is in writing signed by or on behalf of the grantor.

(4)

Subsection (3) may be satisfied in a case where the grantor is a body corporate by the affixing of its seal.

(5)

Subject to subsection (7), a licence to use a registered trade mark is binding on every successor in title to the grantor’s interest —

(a)

except any person who, in good faith and without any notice (actual or constructive) of the licence, has given valuable consideration for the interest in the registered trade mark; or

(b)

unless the licence provides otherwise,and any reference in this Act to doing anything with, or without, the consent of the proprietor of a registered trade mark is to be construed accordingly.

(6)

Every person is deemed to have notice of a licence if the prescribed particulars of the grant of the licence are entered in the register under section 39(1).

(7)

Where an application under section 39(1) is made before 1 July 2004 to register the prescribed particulars of the grant of a licence, then, unless the licence provides otherwise, the licence is binding on every successor in title to the grantor’s interest.

(8)

Where the licence so provides, a sub-licence may be granted by the licensee; and references in this Act to a licence or licensee include references to a sub‑licence or sub‑licensee.