The very essence of the trade mark licence agreement in question (here: the right to use the distinctive sign) does not allow applying material change of circumstances as grounds for its termination under Art. 421 para. 1 of the Civil Code of Belarus on the basis that the licensor neither hired the licensee, nor provided the licensee with information about the quality of the licensor’s services to which the licensee’s services must correspond and information about the nature, techniques and methods of rendering services of class 44 of the International Classification of Goods and Services, in relation to which the claimant is entitled to use the licensed service mark, as the obligation of the agreement – the right to use the distinctive sign – was fulfilled and there was no damage as a result of which the licensee had largely lost what she was entitled to rely on when concluding the agreement.
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Translated from the Russian by Dr. Natalia Kapyrina.
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N. v. “S” LLC Civil Code of Belarus, Arts. 420(1) and (2), 421. “S”. IIC 54, 311–317 (2023). https://doi.org/10.1007/s40319-023-01292-0
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DOI: https://doi.org/10.1007/s40319-023-01292-0