MACAU SAR Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Kimberley Cheong, Riquito Advogados
10.4 Procedure for Licensing an Intellectual Property Right
provided in the licence/contract, the exploita- tion licence shall be deemed non-exclusive. This means that the owner of the industrial property right does not forswear the right to grant any other exploitation licences for the rights to which the licence refers. Article 13 also provides that, except where there is a stipulation to the contrary, it is presumed that: • the granting of an exclusive exploitation licence shall not preclude the owner from also directly exploiting the industrial property right covered by the licence; • the right obtained through the exploitation licence may not be assigned without the writ- ten consent of the industrial property right owner; and • no sub-licences may be granted without the written authorisation of the industrial property right owner.
The Legal Regime of Industry Property does not foresee a special procedure for licensing an industrial property right. However, the parties shall request the DSEDT registration of the granting of a licence, pursuant to Article 57 of that Regime, which is recorded in the IP title.
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