National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Poland
Contracting state | Poland | |
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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 |
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1Which supporting documents must be filed? |
Written request by an interested party; submission of the relevant document Art. 67, 76(6) and 229(1) IPL |
as under 1. Art. 67, 76(6) and 229(1) IPL |
2Must a national professional representative be appointed? |
Yes, except for right holders having their place of residence or registered office within the territory of the European Union, an EFTA member state - a party to the Agreement on the European Economic Area, or the Swiss Confederation. Art. 236(3) IPL |
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3Must a form be used? |
No |
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4Special fee payable? |
PLN 70 (for each request) Annex 1 item I 21 Fees Reg. |
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5Entries and data recorded in the register |
Transfers of rights, licences, other rights in rem, entries relating to disputes, seizures, data concerning invalidation or termination of a patent. The transfer of a patent shall take effect vis-à-vis third parties only after its entry in the Patent register. Art. 67(3) and 76(6) IPL |
The holder of an exclusive licence recorded in the register may, to the same extent as the patent holder, enforce his claims in the event of infringement, unless the licence contract stipulates otherwise. Art. 67(3) and 76(6) IPL |
6Is a transfer registered by the EPO under Rule 85 EPC recognised? |
No (documents proving transfer must be supplied to the Patent Office of the Republic of Poland) |
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7Special features |
Documents not drafted in Polish must be accompanied by a translation. |