The Legal Limits of Restrictive Clauses in Trademark Licensing Agreements: A Comparative Study

Abstract

Trademark licensing agreements are an important legal mechanism for exploiting industrial property rights and promoting commercial activity. However, restrictive clauses may exceed the legitimate protection of trademarks and restrict competition. This study adopts a comparative legal approach to identify the legal limits of such clauses by distinguishing legitimate quality-control provisions from unlawful restrictions, with the aim of achieving a balance between trademark protection, free competition, and legal certainty in commercial transactions.