Answer ... There are requirements which must be met for a trademark licence to be valid, but quality control by the licensor is not one of them. The parties are free to include such terms and conditions in the licence agreement as they desire. However, a licensor must file an application together with an affidavit on the terms of the licence agreement, which should include the following:
the particulars of the relationship existing or proposed between the trademark owner and the proposed registered user, including:
- the degree of control that the owner will exercise over the permitted use of the mark under licence; and
- whether the proposed registered user will be the sole registered user or whether other restrictions will apply to the registration of further registered users;
- the goods or services in respect of which registration is proposed;
- any conditions or restrictions proposed with respect to the characteristics of the goods or services, the mode or place of permitted use or any other matter; and
- whether the permitted use is to be for a set period or indefinite and, if for a set period, the duration thereof.
The registrar may also require such further documents, information or evidence as he or she considers necessary. The licensor may also submit a copy of the licence or user agreement if it contains all the above information, although such document will be a matter of public record and will thus be available to review at the Zimbabwe Intellectual Property Office.
Answer ... It is not mandatory to record a licence agreement, but recordal is provided for in the Trade Mark Act. This is advisable, as it allows the trademark owner to claim use through use by a licensee, thereby avoiding exposure to a claim for non-use of its trademark.
Answer ... No, but depending on the terms of the licence agreement, the licensor may be sued for damages by a licensee for breach of contract.