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Joint Recommendation concerning Trademark Licenses

(Publication 835E)

adopted by the Assembly of the Paris Union for the Protection of Industrial Property

and the General Assembly of the World Intellectual Property Organization (WIPO)

at the Thirty-Fifth Series of Meetings of the  Assemblies of the Member States of WIPO (September 25 to October 3, 2000)


PREFACE

The Joint Recommendation Concerning Trademark Licenses, which includes the text of the provisions as adopted by the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT ), at its fourth session (March 27 to 31, 2000), was adopted at a joint session of the Assembly of the Paris Union for the Protection of Industrial Property and the General Assembly of the World Intellectual Property Organization (WIPO) at the Thirty-Fifth Series of Meetings of the Assemblies of the Member States of WIPO (September 25 to October 3, 2000).

The draft provisions concerning trademark licenses have been considered by the WIPO Committee of Experts on Trademark Licenses at its first session (February 17 to 20, 1997). The Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) continued the work at its first session (July 13 to 17, 1998), third session (November 8 to 12, 1999) and fourth session (March 27 to 31, 2000).

The Joint Recommendation aims at harmonizing and simplifying the formal requirements for the recordal of trademark licenses and therefore supplements the Trademark Law Treaty (TLT) of October 27, 1994, which is designed to streamline and harmonize formal requirements set by national or regional Offices for the filing of national or regional trademark applications, the recordal of changes, and the renewal of trademark registrations.

Further to the adoption by the WIPO Assemblies in September 1999 of the Joint Recommendation Concerning Provisions on the Protection of Well-known Marks, this Joint Recommendation is the second achievement of WIPO’s policy to adapt to the fast pace of change in the field of industrial property by considering new options for accelerating the development of international harmonized common principles. The question of new approaches to the progressive development of international intellectual property law was implemented by WIPO pursuant to the WIPO Program and Budget for the biennium 1998-99.

This volume contains the text of the Joint Recommendation, the accompanying provisions, including Model International Forms, and explanatory notes prepared by the International Bureau.

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