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Trademark Act — Article 97 (Non-Exclusive License)

상표법 제97조

This English translation is based on the Korean text effective 2024-05-01. The Korean law has since been amended (current version effective 2025-11-11) — check the Korean original.

(1) A trademark right holder may establish a non-exclusive license on others pertaining to his or her trademark rights.

(2) A non-exclusive licensee who has obtained establishment of the non-exclusive license under paragraph (1) shall have the right to use the registered trademark on the designated goods to the extent determined by the establishment of the non-exclusive license.

(3) No non-exclusive license shall be transferred without the consent of a trademark right holder (in cases of a non-exclusive license relating to an exclusive license, referring to a trademark right holder and an exclusive licensee), except in cases of inheritance or other general succession.

(4) No pledge the object of which is to acquire a non-exclusive license shall be established without the consent of a trademark right holder (in cases of a non-exclusive license relating to an exclusive license, referring to a trademark right holder and an exclusive licensee).

(5) Articles 93 (2) and 95 (2) and (4) shall apply mutatis mutandis to restrictions on the joint ownership and establishment of the non-exclusive license.

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Korean original (law.go.kr) · Get articles as JSON via API

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