This article will describe the procedure for recordal of a license agreement, which is regulated by the Bulgarian Industrial Design Act and the Instruction on Requests for the Registration of Changes in the Legal Status of Industrial Property Objects.
According to Article 26 of the Bulgarian Industrial Design Act the proprietor of the right over a design shall be able to permit the use of the design with a license agreement. A permission for the use of a design which is joint ownership of two or more persons shall be given with written consent of all the co-owners unless otherwise agreed. At multiple application the right to use can be conceded with regard to all designs or some of them.
Who can submit an request for recordal of a license agreement at the Patent Office of the Republic of Bulgaria?
The request for recordal of a license agreement shall be filed at the Patent Office of the Republic of Bulgaria by the licensee or the licensor or by an authorized industrial property representative.
The request for recordal of a license agreement shall be submitted at the Patent Office of the Republic of Bulgaria in one of the following ways: directly in the Patent Office; by post; by fax; electronically; by e-mail.
The request for recordal of a license agreement shall contain the following information:
- identification of the industrial design (registration number) and name;
- identification of the licensee:
- the full name of the person if the holder is a natural person;
- name and type of legal entity if the holder is a legal entity. The names of the person representing the legal entity.
- Identification of licensor:
- the full name of the person if the holder is a natural person;
- name and type of legal entity if the holder is a legal entity. The names of the person representing the legal entity.
- Address, telephone, e-mail of the licensor.
- details of the industrial property representative, if authorized.
- details of the requested recordal:
- whether the license is exclusive or non-exclusive;
- whether a sublicense is allowed;
- whether the license relates to all designs in the registration or only for part of the designs in the registration;
- term of the license.
The following documents shall accompany the request for recordal of a license agreement:
- the license agreement;
- power of attorney when the application is filed through an industrial property representative;
- document for paid state fees.
The request for recordal of a license agreement shall be signed by the licensee or the licensor or by an authorized industrial property representative. Where the licensee or the licensor is a legal person, a placement of a stamp is required as well.
Examination of the request for recordal of a license agreement
The request for recordal of a license agreement of a registered industrial design shall be submitted to the Directorate for Examination and Protection of Inventions and Industrial Designs at the Patent Office. Within two days of receipt of the request, an expert at the Patent Office checks whether the industrial design is identified, whether the state fees have been paid, and whether a power of attorney is attached when the request is filed through an industrial property representative.
If state fees are not paid and/or the power of attorney is not attached, the person requesting the entry is notified and given a 3-day period to remedy the deficiencies. If the deficiencies are not remedied within the provided period, the proceedings shall be terminated.
If no deficiencies have been identified or the deficiencies have been remedied in the provided period, the request shall be submitted for examination to the Legal Department and shall be assigned to a legal adviser who, within 3 days of receipt of the request, verifies the status of the design in the electronic database, аnd, if necessary, in the dossier of the design and assesses and reviews the documents submitted for the for recordal of a license agreement.
In the event that during the inspection deficiencies or inconsistencies in the submitted request and the attached documents or inconsistency between the data in the electronic database/file of the design and the ones in the request are revealed, a notice is sent to the person requesting the entry where a 7-day period to remedy the deficiencies is provided. The proceedings shall be terminated if the deficiencies are not remedied within the provided 7-day period.
When the request meets the requirements set out in the Bulgarian Industrial Design Act and the Instruction on Requests for the Registration of Changes in the Legal Status of Industrial Property Objects, a decision shall be taken to record the license agreement. Where the request does not meet the requirements, a motivated decision to refuse shall be issued.
Entry of the recordal of a license agreement into the State Register of industrial designs and publication in the Official Bulletin of the Patent Office
Once the decision is signed, the request is immediately returned for recordal in the State Register of industrial designs and the issuance of the certificate within two days. The recordal of a license agreement shall be published in the Official Bulletin of the Patent Office. The license agreement shall have effects vis-à-vis third parties as from the date on which it is entered in the State Register.
What are the state fees for recordal of a license agreement?
The amount of the state fee paid to the Patent Office for recordal of a license agreement of an industrial design is 60 BGN.
The “recordal of a license agreement” service includes the following steps:
– informing the client about the whole procedure;
– preparing of all necessary documents;
– filing the request for recordal of a license agreement;
– payment of state fees;
– legal representation during the procedure before the Patent Office of Republic of Bulgaria;
– timely communication with the client on the course of the procedure;
– obtaining of a certificate;
– handling of the certificate to the client.
If you would like to license your industrial design you are therefore advised to contact a design attorney with experience for professional advice and preparation of all necessary documents. The Bulgarian IP Attorney Krasimira Kadieva will gladly assist you in the license of your design by providing professional advice and preparation of the necessary documents. In the event that you wish to take advantage of the service „industrial design licensing”, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website.
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Legal Disclaimer: This material prepared by Krasimira Kadieva aims to provide more information about the procedure for industrial design licensing. It does not constitute a legal opinion and cannot be interpreted as an individual consultation on any concrete facts or circumstances. The advice of intellectual property specialist should be obtained for specific questions and situations. For more information on the above mentioned issues and individual consultations, please contact Krasimira Kadieva at 00359 882 308 670 or make an inquiry using the contact form of this website. Krasimira Kadieva is a Bulgarian and European trademark and design attorney. She offers comprehensive analysis and strategy for the effective protection of industrial designs as objects of industrial property, both at the time of registration and in violation of the rights thereto. The IP lawyer in Bulgaria Krasimira Kadieva assists in industrial design licensing procedures by providing professional advice and preparation of all necessary documents.