|
|
Definition and form
Article 587
- (1)
- Under a licence contract the owner of a right over an invention, utility model, industrial design, mark, topology of integrated circuit or know-how, who shall be termed licensor, shall grant for compensation, entirely or in part, the use thereof to the licensee.
- (2)
- The licence contract shall be made out in writing.
Ceding of right to application
Article 588
Territorial coverage of licence
Article 589
It shall be assumed, unless otherwise agreed under the licence contract, that the licence has been granted for use on the territory of the Republic of Bulgaria.
Registration of the contract
Article 590
The licence contract shall be entered in a register of the Patent Office. It shall be effective vis-?-vis third parties after the registration.
Providing use
Article 591
The licensor shall be bound to ensure to the licensee peaceful and undisturbed use of the rights granted, as well as protection against claims by third parties.
Information and assistance
Article 592
The licensor shall be bound to provide the licensee with the information as agreed and to render assistance for use of the subject of the licence.
Obligation for confidentiality
Article 593
The licensee shall be bound to keep in secret the information about an unpatented invention, utility model or know-how, which he has been granted the right to use.
Licence of mark
- (1)
- In the case of licence of a mark the licensee shall be bound to ensure the quality of goods in compliance with the trade mark which has become known to users before conclusion of the contract.
- (2)
- The licensee shall be bound to put the trade mark on the goods for which the licence has been granted thereto.
Compensation
Article 595
- (1)
- Where the compensation has been agreed to be in accordance with the magnitude of use of the subject of a licence, the licensee shall be bound to inform the licensor about that magnitude of use within the agreed time periods.
- (2)
- Compensation shall be due for the expired calendar year, unless otherwise agreed.
Contract for sub-licence
Article 596
- (1)
- Under a contract for sub-licence the licensee of an exclusive licence may grant to another person the right to use the subject of the licence.
- (2)
- The right for granting pursuant to paragraph 1 may be excluded by the licence contract, or a provision requiring the consent of the licensor may be stipulated. The consent may be refused only on the grounds of good reasons.
Rights of the licensor in respect of a of sub-licencee
Article 597
The licensor may demand from the sub-licencee the compensation which at the time of demand he owes to his licensor.
Termination with advance notice
Article 598
- (1)
- A licence contract concluded for an unlimited term may be terminated by one of the parties with advance notice.
- (2)
- Where the term for advance notice has not been specified in the contract, it shall be deemed to be six months, but the licensor may not terminate the contract before the expiration of the first year of its validity.
Extension of the contract by tacit agreement
Article 599
Where after the expiration of the contract term the licensee continues to use the subject of licence with the knowledge of the licensor and without objections therefrom, the contract shall be deemed extended to the term provided by law for its protection.
|
|
