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Licensing

The person entitled under the registration of a trademark may authorize another enterprise or another person to use that trademark for goods covered by the registration by concluding a license agreement with it. A license agreement has to be executed in writing; otherwise, it shall be null and void. At the request of the interested party, a license must be recorded in the register of trademarks maintained by the Patent Office of the Republic of Poland and expires upon expiration of the protective right to a trademark. The above principles also apply to non-registered trademarks that were submitted for registration, unless otherwise agreed by the parties.

Due to the fact that the protective right to a trademark is transferable and inheritable, should a licensed right pass to another entity, a license agreement shall be effective with respect to that entity.

A licensee may grant a sub-license to use a trademark, but only with the consent of the licensor and only within the scope of authorization granted. Further sub-licenses, however, are prohibited by operation of law.

If a licensee breaches the provisions of a license agreement on the effective term and territory thereof, the form of trademark licensed, the specification of goods for which the trademark may be used and the quality thereof, the licensor may demand that the licensee cease such breaches and cure the effects thereof pursuant to general terms. The above principle applies to a sub-license accordingly.