NEWSLETTER-2020-metin

374 NEWSLETTER 2020 of the licensor within the scope of the license agreement is to ensure that the rights of the trademark are used by the licensee, and to take measures to guarantee the quality of the goods produced, or the service provided, by the licensee. The licensee may be one or more real (personal license) or legal person(s) (business license). The obligation of the licensee within the scope of the trademark license agreement is to pay the fee to the licen- sor if a fee has been agreed to in the agreement. Pursuant to Article 29-ç of the IPC, the licensee cannot extend the rights granted with the agreement, or transfer these rights to third parties without permis- sion. Otherwise, these actions of the licensee are considered to be an infringement of the trademark right. Limitation of the License Agreement in terms of Class, Powers and Geography Trademarks are registered on certain classes of goods and services according to the Nice classification. While the licensor may grant the license on all goods and services for which the trademark is registered, it is possible to limit the license in terms of class, and to grant the license only for certain goods and services. For example, the license may be granted for the classes of the goods, and classes of the services may not be included within the scope of the license agreement. The point to be considered in partial license agreements is that if the trademark is used on goods and services other than the goods and services as agreed in the agreement, the granted license right will be extended without permission. In addition, powers such as production, sales and distribution are transferred with a license agreement within the scope of the right of use. Accordingly, another possibility is that the trademark right owner may restrict the powers in the license agreement and grant licenses only for some powers. The same license rights generally covers all of Turkey. However, if agreed to in the contract, the license may only be granted for certain geographical regions. In this case, the licensee will only have the right to use the trademark in the regions specified in the agreement.

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