Registration of licence

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The owner of a utility model (licensor) may, pursuant to a written licence agreement, grant the use of the rights of the owner of the utility model to another person or persons (licensee) for commercial purposes in part or in full or inform of the granting of a public non-exclusive licence via the Patent Office in accordance with § 43¹ of the Utility Models Act.

With the consent of a licensor, a licensee may, by way of a sublicence, transfer the rights deriving from a licence to a third person.

The term of a licence must not be longer than the term of the registration.

Licences may be registered in the register, but it is not mandatory. In order to make a registry entry, a written request of the licensor or the licencee should be presented to the Patent Office, together with a copy of the licence agreement or an extract from the licence agreement which contains information necessary for the registration. A state fee is paid for an entry concerning a licence.

Upon transfer of a utility model to another person the rights and obligations deriving from the licence are also transferred to the said person.

An unregistered licence has no legal effect with respect to third persons. If there is a conflict of rights granted by different licences to several licensees, preference is given to the licensee whose licence is registered.

Public non-exclusive licence

Anyone who pays the owner of the utility model the licence fee set by the owner of the utility model is entitled to a public non-exclusive licence. A public non-exclusive licence can be granted on the condition that no prior valid licences have been registered in the register regarding the same utility model (Utility Models Act § 431).

The owner of a utility model who wishes to grant a public non-exclusive licence must submit to the Patent Office an application for the registration of a public non-exclusive licence in accordance with § 43¹ (3) of the Utility Models Act and pay the state fee.  If an application for the registration of a public non-exclusive licence complies with the requirements, the Patent Office will enter the details of the licence in the register and publish a respective notice in the official gazette of the Patent Office.

A person who wishes to obtain a public non-exclusive licence must submit a written application to the Patent Office, in accordance with § 431 (6) of the Utility Models Act  and pay the state fee. The Patent Office will enter the data of the licensee in the register regarding the grant of the public non-exclusive licence, publish a respective notice in the official gazette of the Patent Office and communicate the data of the licensee to the owner of the utility model in writing.

 

Last modified 08.03.2018