Akademik Veri Yönetim Sistemi
Fourth Ip&InnovationResearchersOfAsia (Ipira) Conference, Jakarta, Endonezya, 09 Şubat 2022
The
term license, originating from the Latin term "licet", means
"permitted" or "allowed". In terms of the trade of goods
and services symbolized by brands, large investments are required for creating
a brand and for further recognition of the created brands. Due to these costs,
the brand owner can avoid these costs, thanks to the fact that the trademark
right is subject to the license agreement. With the licensing of the trademark
right, the marketing of goods and services in different parts of the country
and the world is provided more easily. Sometimes it is difficult for the brand
owner to enter foreign markets due to local legal difficulties, and some
restrictions and bureaucratic reasons. More importantly, according to the fact
that local consumer needs in a foreign market or in a different region are not
fully known (examined, researched), difficulties may be experienced in
marketing process. Such difficulties can be easily overcome by licensing the
brand.
In
the trademark license agreement, the parties have mutual rights and
obligations. The obligations of the parties may arise depending on the legal
nature of the contract, as well as in the form of obligations that the parties
will determine together within the framework of freedom of contract. A brand
license agreement usually takes the form of an atypical agreement, in which the
licensor undertakes to make use of the trademark rights owned by the licensee,
and the licensee guarantees to pay a fee for it. On the other hand, it is not
possible to say that the license agreements are constituted by a single right
or a single obligation. Because the creation of a whole consisting of rights
and obligations by contract determines the content of the license agreement. -
In this context, the main obligation of the licensor is to ensure that the licensee benefits from the trademark right that is the subject of the license agreement. Within the framework of this obligation, the licensor must take measures to prevent the loss of the trademark right during the license agreement and to renew the protection period of the trademark if necessary. On the other hand, the main obligations of the licensee are the payment of the license fee and other fees related to the issuance of the license and the exercise of the right subject to the license. However, it is also possible that the license agreement is free of charge and there is no obligation to use it if a fixed price is agreed as in case of a simple license. Finally, the parties also have side obligations apart from these basic obligations.