Article 32 Licensing

A F1supplementary unregistered design may be licensed F2.... A licence may be exclusive or non-exclusive.

Without prejudice to any legal proceedings based on the law of contract, the holder may invoke the rights conferred by the F3supplementary unregistered design against a licensee who contravenes any provision in his licensing contract with regard to its duration, the form in which the design may be used, the range of products for which the licence is granted and the quality of products manufactured by the licensee.

Without prejudice to the provisions of the licensing contract, the licensee may bring proceedings for infringement of a supplementary unregistered design only if the right holder consents thereto. However, the holder of an exclusive licence may bring such proceedings if the right holder in the supplementary unregistered design, having been given notice to do so, does not himself bring infringement proceedings within an appropriate period.

A licensee shall, for the purpose of obtaining compensation for damage suffered by him, be entitled to intervene in an infringement action brought by the right holder in a supplementary unregistered design.

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