Key points
- Identify each asset and establish who can authorise its use.
- Specify uses, media, territory, duration, exclusivity and third-party involvement.
- Retain permissions, quality controls and decisions concerning amendments or termination.
Identify assets and authority to grant permission
Review can begin with an inventory of trademarks, photographs, text, illustrations and other materials to be used. For each item, its origin, ownership and governing agreement should be identified. Retaining an invoice or the final file should not be treated as resolving the scope of the rights acquired or the conditions of use.
The Federal Law for the Protection of Industrial Property provides for trademark licences covering all or some products or services. The Federal Copyright Law separately regulates licences and transfers of economic rights. Permission to use a trademark therefore does not automatically resolve the use of the content accompanying it. [1] [2]
Match the licence to the intended uses
A contract schedule can specify materials, media, territory, duration and permitted uses. Adaptations, translations, editing and involvement of agencies or distributors should also be considered. The aim is to establish whether the negotiated scope matches the actual campaign or product, including versions that will appear through different channels or markets.
For copyright, Article 30 requires licences and transfers of economic rights to be in writing; Article 35 requires exclusivity to be granted expressly. An exclusive licence, non-exclusive permission and an acquisition of rights should not be treated as interchangeable terms when an agreement is prepared or reviewed. [2]
Organise approvals, quality and third-party involvement
For trademarks, Article 242 establishes a quality requirement for the licensee's products or services. Contract administration can translate the assessment into designated responsibilities, specifications and a procedure for approving presentations or changes. Retaining an initial version is insufficient if materials, packaging or service conditions are subsequently modified. [1]
Where creative or commercial suppliers are involved, the materials they may use, modify or make available to others should be defined according to the relevant agreements. A record of permissions and approvals helps identify unsupported materials or uses requiring clarification. Legal, commercial and creative teams can work from the same inventory rather than retaining permissions in separate places.
Review changes, expiry and retention of evidence
Extending a campaign, entering a new territory or introducing a product may require review of the agreed scope before materials are reused. An internal calendar can connect contracts, validity periods, payments and responsible personnel. Recording the version approved and its permitted use helps explain decisions when personnel or suppliers change.
When the relationship ends, agreed terms concerning removal, continued availability or archiving should be examined, including materials that remain in circulation. Contracts, permissions and evidence of use should also be retained. These decisions require assessment of each asset and agreement; a single commercial authorisation cannot be assumed to cover every right involved.
Sources consulted
- Federal Law for the Protection of Industrial Property Articles 239 and 242, concerning the scope of trademark licences and the quality of the licensee's products or services.
- Federal Copyright Law Articles 30 and 35, concerning licences, transfers of economic rights, written form and express exclusivity.
General information. Application to a particular matter requires assessment of its circumstances and the provisions in force.
