A grace period of six (6) months shall be accorded for the payment of the renewal fee after
the deadline, in return for payment of the prescribed surcharge.
If the renewal fee has not been settled in accordance with this Law, the application for
registration of the industrial design or model shall be considered to have been withdrawn by
the owner or the industrial design or model shall lapse. The lapse of a registered industrial
design or model cannot be restored.
SECTION 6: INDUSTRIAL DESIGN OR MODEL ASSIGNMENT AND LICENSE
GRANT
Article 106: Industrial design or modal assignment
The patent may be assigned, by contractual arrangement, by the owner of the patent of an
industrial design or model to any interested person. The assignment contract of an industrial
design or model shall be drawn up in writing and shall be signed by the parties to the
contracts.
The transfer of patent ownership of an industrial design or model shall be submitted to the
empowered authority for:
1° record in the register of patents of an industrial design or model;
2° publication of details of the change in patent ownership of an industrial design or model.
Recording of transfer of patent ownership of an industrial design or model shall be subject to
payment of the prescribed fee.
Any change in patent ownership of an industrial design or model shall have effect in relation
to third parties only after recording into the register of patents of an industrial design or
model.
When two or more persons own the same patent of an industrial design or model, each of
them may assign or transfer separately, by means of succession, his share in the patent of an
industrial design or model.
The empowered authority may refuse to record a contract for the assignment of ownership of
an industrial design or model when it decides that the contract concerning the right of an
industrial design or model in question contains one or more clauses that are abusive or anticompetitive 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. The decision 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.
Where the appellant is not satisfied with 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.
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