หน้าแรก บทความ กฏหมาย(English) PATENT : Protection of Layout-Designs Chapter 3 Authorisation to Exercise Rights and Assignment of Rights in Layout-Designs
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Chapter 3 Authorisation to Exercise Rights and Assignment of Rights in Layout-Designs

Section 24 The right holder may authorise any person, by granting a license, to exercise the rights in the layout-design conferred to him under section 22 or may assign such rights to other person. The authorisation to exercise rights and assignment of rights shall be made in writing and registered with the Director General.

In the case of having joint right holders, the authorisation to exercise rights or assignment of rights in the layout-design under paragraph one shall be made upon consent of all the joint right holders. In the case where the Director General has ordered effecting registration of the license contract or assignment contract, the Director General shall order publication of the registration of such contract.

The application for the registration of the license contract and assignment contract shall be in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 25 In granting a license under section 24, the right holder shall not prescribe conditions, restrictions of rights or remuneration in the manner of restricting or preventing competition under the law on trade competition.

In the case where the Director General considers any clause in the license contract to be contrary to the provision under paragraph one, the Director General shall report to the Board for its decision. If the Board considers such clause to be contrary to the provision under paragraph one, then the Director General shall refuse the registration of the contract unless the parties have intended the valid part of the contract to be separable from the invalid part. In this latter circumstance, the Director General may order effecting the registration of the valid part of the contract.

When the Board has made a decision under paragraph two, any interested party who disagrees with the Board’s decision shall have a right to bring the case to the Court within ninety days as from the date of the receipt of the notification thereof. In the absence of instituting an action within the prescribed period, the decision of the Board shall be deemed final.

Section 26 In the case where the right holder has authorised other person to exercise rights in the layout-design in contrary to paragraph one of section 24, the Director General may request the Board to order the revocation of the registration of the layout-design in accordance with the rules and procedures prescribed in the Ministerial Regulation.

Section 27 The application for registration of a transfer of rights in a layout-design by way of inheritance shall be in accordance with the rules, procedures and conditions prescribed in the Ministerial Regulation.

In the case where the right holder has no heir, the protection under the layout-design certificate shall be deemed terminated.
 

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         กรมทรัพย์สินทางปัญญา
        
         ศาลทรัพย์สินทางปัญญา  
          
         Motion Picture Association

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