LEGAL ANALYSIS
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Is registration of a licence still needed for a licensee to bring an action for infringement of an industrial property right?

Is registration of a licence still needed for a licensee to bring an action for infringement of an industrial property right?

07/04/2017 - Author: Ángel García Vidal

Is registration of a licence still needed for a licensee to bring an action for infringement of an industrial property right?This document, on the one hand, analyses the status quaestionis regarding the registration of a licence as a precondition for the licensee of the industrial property right to bring legal proceedings in the protection of the licensed right and, on the other, assesses the possible impact of the case law of the Court of Justice of the European Union (in connection with EU legal titles) on the case law of the Spanish Supreme Court (in connection with national legal titles).


1. Preamble

Legislative regulation of the different national and EU industrial property rights provides for the possibility that the licensee of one of these rights, on meeting certain conditions, may bring actions for infringement of the licensed right...

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Is registration of a licence still needed for a licensee to bring an action for infringement of an industrial property right?