National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Belgium
Contracting state | Belgium | ||
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1 Transfer of rights by transaction (e.g. sale, merger) or by operation of law (e.g. succession, insolvency, compulsory execution) |
2 Licences and other rights |
3 Adjoining rights, pledging |
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1Which supporting documents must be filed? |
– notification to the OPRI accompanied by either a copy of the instrument of assignment or of the official document recording the transfer of rights, or an extract from such instrument or document which is sufficient to prove transfer, or confirmation of the assignment signed by the parties – proof that the fee has been paid – supply to the OPRI of parties' names and addresses, number of patent application and its date of filing or date of patent grant, and information showing whether assignment results in co-ownership Art. XI.50 ELC |
– notification to the OPRI of confirmation signed by the parties – proof that the fee has been paid – supply to the OPRI of parties' names and addresses, number of patent application and its date of filing or date of patent grant, and statement showing whether licence is exclusive or non-exclusive, as well as the start date and term of the licence and the territory in which it applies Art. XI.51 ELC (contractual licences) |
as under 1. Art. XI.52 ELC |
2Must a national professional representative be appointed? |
see table III.B, section 1 |
see table III.B, section 1 |
see table III.B, section 1 |
3Must a form be used? |
Yes |
Yes, for contractual licences |
Yes |
4Special fee payable? |
No |
No |
No |
5Entries 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 the OPRI from the date notification is entered in the patent register. Art. XI.50(6) ELC |
Entry in the register gives effect to the licence agreement as against third parties and the OPRI from the date confirmation is entered in the patent register. Art. XI.51(5) ELC |
Entry in the register has declaratory effect. However, entry in the register gives effect to the assignment as against third parties and the OPRI from the date notification is entered in the patent register. Art. XI.52(2) ELC |
6Is a transfer registered by the EPO under Rule 85 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. |
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7Special features |
Documents not drafted in one of the national languages must be accompanied by a translation. (For the national languages see table II, section 4) Seizure: Art. XI.53 ELC. A copy of the seizure notice must be transmitted to the OPRI by the creditor concerned. The seizure is entered in the register. |
Usufruct, mortgaging: Art. XI.53 ELC |