Not exact matches
(6) Where a local authority refuse an application for a
licence under section 37 of this Act or revoke or, otherwise than on the application of the holder, vary such a
licence they shall state their grounds for doing so in writing to the applicant or, as the case may be, the holder of the
licence; and the applicant or holder may appeal to a magistrates» court or, in Scotland, the sheriff,
against the refusal, revocation or variation, and
against any
condition subject to which the
licence is granted or any approval is given, not being a
condition which the local authority are required to impose.
This is known as «European exhaustion»; Article 7 (2) which provides an exception to European exhaustion of rights where there are legitimate reasons for the owner to oppose further commercialisation of the goods, especially where the
condition of the goods is changed or impaired after they have been put onto the market, and Article 8 (2) which entitles a trade mark owner to invoke its trade mark rights
against a licensee who contravenes any provision in his licensing contract with regard to its duration, the form covered by the registration in which the trade mark can be used, the scope of the goods or services for which the
licence is granted, the territory in which the trade mark may be affixed, or the quality of the goods manufactured or of the services provided by the licensee.
Therefore the ECJ concluded that a trade mark owner can take infringement action
against a licensee who breaches a
condition in the
licence agreement which falls within Art 8 (2).
The applicant began judicial review proceedings
against the Environment Agency's decision to impose
conditions on a salmon fishing
licence.
If the
licence condition is part of a disciplinary order, a breach of the
condition may result in further disciplinary action
against the licensee, including cancellation or suspension of the
licence.
You can find up - to - date
licence information for all licensed real estate professionals and brokerages, including any current
licence conditions, upcoming hearings or past disciplinary decisions
against them, by using the Real Estate Council's Licensee Search.
Before you begin working with any real estate professional, we recommend you use the Licensee Search to make sure they are licensed, and to find up - to - date information on any current
licence conditions, upcoming hearings or past disciplinary decisions
against them.