Trademark License Agreement Hong Kong

October 12, 2021 in Uncategorized by

[1] For more information on the different methods of enforcing an award/arbitral award against assets in Hong Kong, see our other article “How can I get my money back? Preservation of assets in Hong Kong on the www.kwm.com/en/hk/knowledge/downloads/asset-preservation-in-hong-kong-20171130. This authorization or license is stipulated in a contract that defines the rights, obligations and obligations of each party with respect to the rights granted. The trademark extension license is another special license relationship. It is available where a trade mark proprietor possessing a trade mark which is well recognised on the market in respect of his own goods concedes to a licensee the use of his trade mark in relation to other goods. In this way, the licensee`s non-competing products use the licensor`s existing brand and market recognition. This article describes the most common disputes arising from IP licensing agreements and the legal actions available in the event of a breach. Careful planning and detailed development provide parties to an IP license agreement with the best protection. In the event of an infringement, the above-mentioned legal measures should be taken into account as soon as possible in order to prohibit further misconduct and maximise the recovery of the losses incurred. Non-payment of the license is one of the main grounds for dispute. In addition to non-payment, the dispute over the basis for calculating the royalties to be paid is also a recurring topic. The parties should therefore clearly define the basic conditions for calculating the royalties contained in the licence agreement in order to minimise disputes: Hong Kong courts have the power to issue injunctions as an interim measure in judicial proceedings (domestic and foreign) and as assistance in arbitration, whether the arbitration takes place in Hong Kong or abroad. Regardless of the method of dispute resolution contained in the agreement (whether through legal proceedings or arbitration), the parties may, in certain serious and urgent cases, seek an injunction from the Hong Kong courts if: in the event of problems arising from the license agreement, the licensee will often refuse to make its books and recordings available to the licensor, in order to prevent the licensor: Evidence of possible claims to be obtained.

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