|
|
1. Transfer of rights by transaction (eg sale, merger) or by operation of law (eg succession,
insolvency, compulsory execution)
|
2. Licences and other rights
|
3. Adjoining rights, pledging
|
|
1 Which supporting documents must be
filed?
|
- Notification to OPRI accompanied by
either a certified copy of the instrument of assignment or of the official
document recording the transfer of rights, or a certified extract from such
instrument or document
- proof that the fee has been paid
Art. 44 PA
|
Notification to OPRI accompanied by
either a certified copy of the licence agreement or a certified extract from
such document sufficient to prove that a licence has been granted.
Art. 34, 45 PA
|
as under 1.
Art. 46 PA
|
|
2 Must a national professional
representative be appointed?
|
see table III.B, column 1
|
see table III.B, column 1
|
see table III.B, column 1
|
|
3 Must a form be used?
|
No
|
Yes, for contractual licences
|
No
|
|
4 Special fee payable?
|
EUR 12 per patent (in the form of Belgian
revenue stamps)
|
EUR 12 per patent (in the form of Belgian
revenue stamps)
|
EUR 12 per patent (in the form of Belgian
revenue stamps)
|
|
5 Entries and data recorded in the
register
|
Entry in the register has declaratory
effect.
However, entry in the register gives
effect to the assignment as against third parties and OPRI as from the date
of its notification to OPRI.
Art. 44(6) PA
Art. 8(1) RD of 27.2.1981
|
Entry in the register gives effect to the
licence agreement as against third parties and OPRI.
Art. 45 PA
|
Art. 46(2) PA
|
|
6 Is a transfer registered by the EPO
under Rule 61 EPC recognised?
|
Yes
A copy of the EPO certificate (EPO Form
2544) is required together with a letter by the party concerned explaining
the nature of the transfer.
|
|
|
|
7 Special features
|
Documents not drafted in one of OPRI’s
official languages must be accompanied by a translation.
(Concerning OPRI’s official languages see
table II, column 4)
Seizure: Art. 47 PA
Adjoining rights, pledging: Art. 46 PA
|
|
|