IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register

1Which supporting documents must be filed?

Any disposal must be in writing, otherwise it is null and void.

Contractual licences:

The licence contract must be drawn up in writing and signed by the co-holders, otherwise it is null and void..

For compulsory licences:

– Applications must be submitted to the competent court.

– The applicant must submit evidence that they first applied to the patent holder for a contractual licence by registered letter with delivery receipt but were unable to obtain one on reasonable commercial terms and arrangements and within a reasonable period.

– They must also submit evidence that they are in a position to exploit the invention effectively and seriously. Law No. 2000-84, Art. 69

The applicant must sent notice of action by registered post with delivery receipt to INNORPI within 15 days of the date of thereof or it will be deemed inadmissible.

Art. 71 Law No. 2000-84

2Must a national professional representative be appointed?

Yes, if filer resident abroad

Yes, if filer resident abroad

3Must a form be used?

Yes

Yes

4Special fee payable?

Yes. TND 200.

Dec. No. 2017-850

Yes. TND 100.

Dec. No. 2017-850

5Entries and data recorded in the register

Entry in the national patent register to be enforceable against third parties after payment of a fee.

Law No. 2000-84, Art. 62

Entry in the national patent register to be enforceable against third parties after payment of a fee.

Law No. 2000-84, Art. 63

6Is a transfer registered by the EPO during the opposition period or opposition proceedings recognised?

No

Patents validated in Tunisia are subject solely to national law. Any subsequent transfer must be entered in the national patent register to be enforceable against third parties.

7Special features