NEWSLETTER-2020-metin

377 INTELLECTUAL PROPERTY LAW this case, the licensor has the right to assert his rights arising from the registered trademark against the licensee. Finally, it is accepted in the doctrine that the sub-license agree- ment will automatically terminate if the original license agreement becomes invalid or expires due to any reason 5 . Protection of License against Third Parties Whether the license is exclusive or not is particularly important in terms of the right to sue. Namely, in accordance with the IPC, the exclusive licensee has the right to file lawsuits, which the licensor may file according to the IPC in the case of an infringement of the trademark, on his behalf. On the other hand, while filing a lawsuit is a legally recognized right for the licensee, but is not a duty, not filing a lawsuit does not make the licensee liable to the trademark owner 6 . Pursuant to Article 158/2 of the IPC, a non-exclusive licensee is obliged to request from the licensor to file a lawsuit in the event of an infringement of the trademark right, through a notification. If the licensor does not accept this request, or does not file a lawsuit within three months, the licensee may file a lawsuit on his behalf. However, in the event of a serious danger of damage, the licensee may request an injunction from the court before the three-month period has passed. On the other hand, exclusive or non-exclusive license holders have no right of objection if there is an application for the same or similar trademark before the Turkish Patent and Trademark Office. This right belongs solely to the licensor 7 . Termination of License Agreement License agreements, as a rule, will expire when the period of the agreement ends. In addition, if the trademark right expires due to reasons, such as expiration and non-renewal of the trademark application, or the trade- 5 Özel, Çağlar : Marka Lisansı Sözleşmesi, Ankara, 2015, p. 53-54. 6 Ceylan , p. 83. 7 Özel , p. 53-54.