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Non-Exclusive Licensee Cannot Claim against Trademark Infringement



Under the previous Trademark Act, both of the exclusive licensee and non-exclusive licensee are entitled to enforce the trademark rights.
 
According to the amendments of the Trademark Act effective on 1 July 2012, in case of exclusive license, even the trademark owner cannot use the trademark during the periods and areas of such exclusive license. The exclusive licensee is entitled to take any legal actions against trademark infringement like the trademark owner. However, a non-exclusive licensee will no longer be allowed to have any remedies against trademark infringement. The so-called "sole licensee" is not equivalent to an exclusive licensee.
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