Durán-Corretjer SLP

The recent judgment of the Third Chamber of the General Court in Case T-679/22, of November 22, 2023, confirms that although the registration of a licence is not mandatory by law, in practice it is of the utmost importance to apply for the registration of the licence as soon as possible, since failure to do so entails the risk that at a later stage it may not be possible to register the licence (if, for example, the trade mark which the licence relates to is assigned to another company which has not signed the licence agreement) and an unregistered licence has no effect vis-à-vis third parties.

Therefore, although registration of licences is not compulsory, de facto it is very important for licensees to apply for registration of licences in the Register as soon as possible in order to safeguard their rights and avoid future problems.

If you have any questions regarding this matter, please do not hesitate to contact our offices and we will be pleased to assist you.