Paper Information

Journal:   REVUE DE RECHERCHE JURIDIQUE   WINTER 2012 , Volume - , Number 56; Page(s) 409 To 439.
 
Paper: 

QUALITY CONTROL TERMS IN LICENSING CONTRACTS

 
 
Author(s):  BAGHERI MAHMOOD, NAYYER MOJTABA
 
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Abstract: 

Despite the fact that they are common in commercial practice, the quality control terms in licensing contracts, which are related to the protection of consumers, are new to the Iranian law- making tradition. The terms are only relevant to contracts for licensing trademarks, in other words franchise contracts. Understanding the terms requires a historical investigation into licensing contracts in this field and the underlying reasons for introducing these terms and conditions in to other jurisdictions which have a long history of licensing trademarks and other forms of intellectual property rights. We have undertaken this investigation in comparison with developments in Iranian law. The underlying reasons for this control, however, are divided into two groups: the reasons for protection of consumers and the reasons for the protection of trade marks. A comparative study of UK and US laws could be useful with regard to Article 42 of the Trade Mark Registration Act of 1386 and Article 142 of its implementating regulations could be useful in understanding this topic.

 
Keyword(s): TRADE MARKS, LICENSING CONTRACTS, QUALITY CONTROL TERMS, PROTECTION OF CONSUMERS, REGISTRATION OF TRADE MARK RELATED CONTRACTS
 
References: 
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