National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Luxembourg
Contracting state | Luxembourg | |
---|---|---|
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 |
|
1Which supporting documents must be filed? |
– original or certified copy of the substantiating document, or – private agreement between the parties, or joint declaration by the parties confirming the assignment or agreement, or – more rarely, acknowledgement or confirmation of the transfer by the transferor and separate declaration of acceptance or confirmation by the transferee Art. 53 PL |
as under 1. |
2Must a national professional representative be appointed? |
No Patentees with residence/ place of business within the EU must appoint a national professional representative only if they want to exercise the rights derived from the patent. Art. 83(4) PL |
No |
3Must a form be used? |
No |
No |
4Special fee payable? |
EUR 7 per patent |
EUR 7 per patent mortgaged |
5Entries and data recorded in the register |
Identity of assignee and date of his declaration Entry in the register has legal effect, except in the case of death. Identity of the mortgagee; mortgage term Licence: exclusive or non-exclusive; sub-licence Art. 23 Decr. |
|
6Is a transfer registered by the EPO under Rule 85 EPC recognised? |
Yes A copy of the EPO certificate (EPO Form 2544) is required. |
|
7Special features |
Publication in the Official Journal of the Grand Duchy of Luxembourg Documents are also accepted in English and German. Art. 2 Decr. |