Central Industrial Property Office

Office de la Propriété Intellectuelle auprès du Service public fédéral Économie, PME, Classes moyennes et Énergie
City Atrium C
Rue du Progrès 50
1210 BRUXELLES

Tel. +32 2 2779011
Fax +32 2 2775262

https://economie.fgov.be/fr/themes/propriete-intellectuelle/institutions-et-acteurs/office-belge-de-la-propriete

opridie-tech@economie.fgov.be

 

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

1

Which 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
Art. 33 and 33a RD of 2.12.86

- 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)
and Art. XI.42 ELC (compulsory licences)
Art. 34 RD of 2.12.86

as under 1.


Art. XI.52 ELC

2

Must a national professional representative be appointed?

see table III.B, section 1


see table III.B, section 1


see table III.B, section 1


3

Must a form be used?

Yes


Yes, for contractual licences


Yes


4

Special fee payable?

No


No


No


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 the OPRI from the date notification is entered in the patent register.


Art. XI.50(6) ELC
Art. 34(3) RD of 2.12.86
Art. 8(1) (10) RD of 12.5.15

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

6

Is 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.


  

7

Special 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


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