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Cap. 416 · cap/416 (Cap. 416)

Cap. 416 ст. 22Co-ownership of a registered trademark.

PART II

ДействуетОфициальный текст

(1) Where a registered trademark is granted to two or more persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trademark.

(2) The following provisions apply where two or more persons are co-proprietors of a registered trademark, by virtue of sub-article

(1) or otherwise.

(3) Subject to any agreement to the contrary, each co-proprietor is entitled, personally or through his agents, to do for his own benefit and without the consent of or the need to account to any other co-proprietor, any act which would otherwise amount to an infringement of the registered trademark.

(4) Notwithstanding the provisions of sub-article (3) a co-proprietor may not without the consent of the other or others -

(a) grant a licence to use the registered trademark, or

(b) assign or cede control of his share in the registered trademark.

(5) Infringement proceedings may be brought by any co-proprietor, but a co-proprietor may not, without the leave of the Court, proceed with the action unless the other, or each of the other co-proprietors, is joined in the suit. A co-proprietor who is thus joined in the suit shall not be liable for any costs in the action. Nothing in this sub-article affects the making of any precautionary warrant on the application of a single co-proprietor.

(6) Nothing in this article affects the rights and obligations of trustees or personal representatives, or their rights and obligations as such.