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2015, vol. 53, iss. 4-6, pp. 560-572
Quality control as a condition for the validity of the trademark licence agreement
University of Belgrade, Faculty of Law
Abstract
The paper deals with the question if it is justified to make conditional the validity of the trade mark licence agreement upon the control of quality of goods which is being designated by the protected mark, which the licensor is obliged to perform. Such a condition exists in US law, whereas it is not stipulated in EU law, or in the law of the Republic of Serbia. With a view to give an answer, the paper analyses the manner in which the trade mark performs its functions on the market, as well as the economic grounds of the trade mark. The author concludes that the quality control is not necessary in the trade mark law as a condition for the validity of a trade mark licence agreement, for the same reason why it is not necessary in situations when the trade mark owner independently exploits the protected mark. Thus, even without an explicit stipulation of this condition, the licensor (as well as every trade mark owner) has a sufficient motive to provide a constant quality of products designated by his mark. The establishment of the condition of quality control would not be justified, either, because such a condition contains numerous shortcomings.

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article language: Serbian
document type: unclassified
published in SCIndeks: 08/07/2016

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