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8.6.2 Can a certification mark right, a collective membership mark right or a collective trademark right be assigned or licensed to another party or permitted the creation of a pledge?

No. A certification mark, a collective membership mark and a collective trademark are regarded as intangible properties under the Trademark Act, and the provisions of the Act regarding trademarks shall apply mutatis mutandis to them. For example, the term of existing rights, renewal registration and remedies for right infringement related to trademarks shall apply. However, in view of the nature and characteristics of a certification mark, collective membership mark and collective trademark, their assignment, license or pledge may affect consumers' rights and interests and fair competition. In principle, no pledge creation, assignment or license to another party shall be made, unless the assignment or license of a particular mark to another party has been approved by TIPO. (§92;§93Ⅰ(5), Trademark Act)

  • Publish Date : 2008-04-24
  • Update : 2020-12-07
  • Organization : International Legal Affairs Office
  • Visitors : 597

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