Court of Appeal Clarifies Zaha Hadid Trade Mark Licence Terms

The Court of Appeal has ruled that a trade mark licence agreement for the “Zaha Hadid” name, which stated it would continue “indefinitely” without express termination rights for the licensee, was not perpetual. The licence, granted in 2013 by the late architect to her company Zaha Hadid Limited, allowed use of the marks in exchange for royalties. Following her death, the marks passed to the Zaha Hadid Foundation, which held termination rights. When relations soured, the company sought to end the arrangement. The Court held that “indefinite” does not equate to perpetual and that either party could terminate on reasonable notice, reversing an earlier High Court decision. The judgment provides important guidance on construing long-term intellectual property licences lacking clear exit provisions.

Small businesses should ensure trade mark licence agreements include balanced, express termination clauses to avoid costly disputes over duration.