NEWSLETTER-2020-metin

376 NEWSLETTER 2020 not a founding feature, but is only explanatory 4 . In other words, if the license agreements are not registered, the agreement continues to be valid. However, the rights arising from the legal transactions that are not registered cannot be claimed against the third parties in good faith. Exclusive and Non-Exclusive (Simple) Licenses License rights may be granted as exclusive and non-exclusive licenses. The importance of whether a license is exclusive, or not ap- pear in determining the scope of the rights granted to the licensee, and determining whether persons, other than the licensee, may use the trademark. Namely, an exclusive license is a type of license in which only the licensee may use the trademark, and the licensor cannot grant a license to a third party for the same trademark. Under this type of agreement, even the licensor cannot use the trademark unless he explicitly re- served his right to do so in the agreement. Under non-exclusive license agreements, the licensor reserves both the right to use the trademark and the right to license third parties. According to the legislation, unless it is clearly agreed upon between the parties, it is accepted that the license granted is not exclusive. Granting a Sub-license According to Article 24/3 of the IPC, which states that ‘ Unless otherwise agreed in the contract, licensors may not transfer their rights arising from the license to third parties or grant sub-licenses .’ In order to grant a sub-license, the parties must agree to it in the contract. The limits of the original license agreement in terms of duration, class, powers and geographical region, constitute the upper limits of the sub-license agreement. In other words, exceeding the limits of the original license agreement, for example, granting a sub-license for a longer period of time, or for a different geographical area, will be deemed to be expanding the license agreement without permission. In 4 Tekinalp, Ünal : Fikri Mülkiyet Hukuku, İstanbul, 2005, p. 436.