National Law relating to EPC, IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register, Serbia
IX. Registering a transfer, licences and other rights in respect of a European patent in the national patent register
| Former extension state | Serbia (The extension system continues to apply to European and international patent applications filed before 1 October 2010.) | |
|---|---|---|
1 Transfer of rights by transaction (e.g. sale, merger, transfer of title) or by operation of law (e.g. succession, insolvency, compulsory execution) |
2 Licences and other rights |
|
1Which supporting documents must be filed? |
Written request accompanied by original or duly certified copy of the official document recording the transfer of rights; proof that the fee has been paid Art. 44, 45 and 48 PL |
as under 1. Art. 46 to 48 PL |
2Must a national professional representative be appointed? |
Yes, foreign natural and legal persons not resident or having no seat in the Republic of Serbia must be represented by a representative listed in the competent authority's "Register of Representatives" or by a domestic attorney. Art. 5(1) PL |
Yes, as under 1. Art. 5(1) PL |
3Must a form be used? |
No, see section 7 |
|
4Special fee payable? |
Yes Tar. No. 125(1) Fees Law |
Yes Tar. No. 125(1) Fees Law |
5Entries and data recorded in the register |
Entry in the register of transfers of rights has declaratory effect vis-à-vis third parties. Art. 44(3) PL |
Registration of licence contractors has declaratory effect vis-à-vis third parties. The pledgee acquires possessory lien upon entry in the register. Art. 46(5), 47(7) PL |
6Is a transfer registered by the EPO during the opposition period or opposition proceedings recognised? |
Yes |
Yes |
7Special features |
The written request must include in particular: – the registration number of the patent or petty patent or patent or petty patent application; – data on the right holder or applicant; and – a statement setting out that registration is sought for a transfer of the patent or petty patent or of the rights arising from the application or specifying the other rights to be registered. Art. 48 PL |