# Trade Marks Act 1994, Paragraph 18: Effect of a licence of an existing IR(EU)


(1) This paragraph applies where immediately before IP completion day an existing IR(EU) is the subject of a licence (a “relevant licence”) which—
(a) authorises the doing of acts in the United Kingdom which would otherwise infringe the international trade mark; and
(b) does not expire on IP completion day.
(2) Subject to any agreement to the contrary between the licensee and the licensor, a relevant licence continues to authorise the doing of acts in the United Kingdom which would otherwise infringe the comparable trade mark (IR) which derives from the existing IR(EU).
(3) Sub-paragraph (2) is subject to—
(a) the terms on which the relevant licence was granted; and
(b) such modifications to the terms referred to in paragraph (a) as are necessary for their application in the United Kingdom.
(4) Section 25 applies in relation to a relevant licence as if it were a registrable transaction affecting a comparable trade mark (IR), subject to the modifications set out below.
(5) An application under section 25(1) may only be made by—
(a) a person claiming to be a licensee by virtue of the relevant licence; or
(b) the proprietor of the comparable trade mark (IR).
(6) Where immediately before IP completion day there is an entry in the International Register relating to a relevant licence—
(a) section 25(3) and (4) does not apply until after the expiry of the relevant period; and
(b) section 25(4)(a) applies after the expiry of the relevant period but as if the reference to six months beginning with the date of the transaction were a reference to eighteen months beginning with IP completion day.
(7) In sub-paragraph (6)(a), the “relevant period” means the period of twelve months beginning with the day after that on which IP completion day falls.

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Source: https://www.legislation.gov.uk/ukpga/1994/26/schedule/2B/paragraph/18 (the official version)
Page: https://openlegislation.uk/trade-marks-act-1994/schedule-2B/paragraph-18
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.