The transfer of patent ownership of utility model shall be submitted to the empowered
authority for:
1° record in the register of patents of utility model;
2°publication of details of the change in patent ownership of utility model.
Recording of transfer of patent ownership of utility model shall be subject to payment of the
prescribed fee.
Any change in patent ownership of utility model shall have effect in relation to third parties
only after recording into the register of patents of utility model.
Where two or more persons own the same patent of utility model, each of them may assign or
transfer separately, by means of succession, his share in the patent of utility model.
The empowered authority may refuse to record a contract for the transfer of ownership of
utility model (assignment) when it decides that the contract concerning the right in question
contains one or more clauses that are abusive or anti-competitive or in any manner restrain
trade or are likely to have any of those effects. The empowered authority shall hear the
allegations of the parties to the contract, if one or both so request, and shall take into account
evidence that is pertinent provided by parties to the contract. Any decision of the empowered
authority to refuse to record the contract may be subject to appeal to the appeal committee
provided by this Law within a period of thirty (30) days from the date on which the owner
was notified the decision.
Where the appellant is not satisfied by the appeal committee’s decision, he may appeal to the
competent tribunal within a period of thirty (30) days from the date on which he was notified
the appeal committee’s decision.
For the purposes of the provisions of this article, any limitations imposed on the assignee that
do not derive from the rights conferred by the registration of the right, and that are not
necessary for the safeguard of that right shall be deemed abusive or, in the event that they
have anti-competitive effects, anti-competitive.
The patent of utility model assignment contract will cease immediately to produce effects
after invalidation of the patent of utility model by tribunals.
Article 85: Patent contractual license
The owner of a patent of utility model may, by contractual arrangement, grant a license to use
his invention of utility model to another natural or legal person. The license contract shall be
drawn up in writing and shall be signed by the parties to the contract.
The license contract shall be submitted to the empowered authority which shall keep the
content secret. The empowered authority records in the register of patents of utility model,
subject to the payment of the prescribed fee for the publication of the license contract.
Any license contract of utility model shall be valid once recorded in the register of patents of
utility model.