Commentary

I9.452 Intellectual property

IHT, trusts and estates

I9.452 Intellectual property

I9.452 Intellectual property

A trademark is situated where it is registered1, and the same rule seems to apply to patents and licences to use trademarks or patents2.

If use of a trademark, licence etc, is authorised in another country, the rights of the user would appear to be located in the country where the rights are to be exercised3. If rights are granted in more than one country then, even though as against third parties it would seem that such rights are located in each relevant country as against the licensor, there is a separate contractual right under the licence, situated

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