Licences under a registered mark may be granted for all or part of the goods or services for which it is registered. A trade mark licence may be exclusive or non-exclusive. A licence is exclusive only if this is expressly stipulated in the agreement. In case an exclusive licence has been granted, the licensor may not grant other licences and may not use the mark himself unless expressly stipulated otherwise in the licence agreement. A licensee (exclusive or non-exclusive) is not entitled to assign his rights under the licence or to grant any sub-licences, except if stipulated otherwise in the licence agreement.

The owner of a licensed mark must take the necessary measures so as to ensure the quality of the goods manufactured or the services rendered under the mark by the licensee.

A licence agreement must be registered in order to be effective as against third parties.

A licence may also be granted under a trademark application.

Exclusive licence / Non-exclusive licence

An exclusive licensee is entitled to take infringement action in his own name, except if stipulated otherwise in the licence agreement. A non-exclusive licensee is not so entitled, but may in case of infringement through a Notary Public serve a notice upon the licensor requesting him to institute the infringement proceedings required. If the licensor would refuse to institute such proceedings or not institute such proceedings within three months from receipt of the notice, the licensee may institute such proceedings himself while notifying the licensor thereof. If there is danger that serious damage will be incurred and therefore the reaction of the licensor can not be awaited, the licensee may apply to the Court for a restraining injunction.