[유럽특허 독파하기] 17. EPO에서 권리의 양도 및 라이선싱

EPC조문

Article 71 EPC – Transfer and constitution of rights A European patent application may be transferred or give rise to rights for one or more of the designated Contracting States. R. 22, 23, 85   Article 72 EPC – Assignment An assignment of a European patent application shall be made in writing and shall require the signature of the parties to the contract. Rule 22 - Registration of transfers (1)The transfer of a European patent application shall be recorded in the European Patent Register at the request of an interested party, upon production of documents providing evidence of such transfer.  (2)The request shall not be deemed to have been filed until an administrative fee has been paid. It may be rejected only if paragraph 1 has not been complied with. (3)A transfer shall have effect vis-à-vis the European Patent Office only at the date when and to the extent that the documents referred to in paragraph 1 have been produced.   Article 73 EPC – Contractual licensing A European patent application may be licensed in whole or in part for the whole or part of the territories of the designated Contracting States. Rule 23 - Registration of licences and other rights (1)Rule 22, paragraphs 1 and 2, shall apply mutatis mutandis to the registration of the grant or transfer of a licence, the establishment or transfer of a right in rem in respect of a European patent application and any legal means of execution affecting such an application. (2)A registration under paragraph 1 shall be cancelled upon request, supported by documents providing evidence that the right has lapsed, or by the written consent of the proprietor of the right to the cancellation of the registration. Rule 22, paragraph 2, shall apply mutatis mutandis. Rule 24 EPC Special entries for licence registrations A licence in respect of a European patent application shall be recorded (a)as an exclusive licence if the applicant and the licensee so request;  (b)as a sub-licence where it is granted by a licensee whose licence is recorded in the European Patent Register.  Article 74 EPC – Law applicable Unless this Convention provides otherwise, the European patent application as an object of property shall, in each designated Contracting State and with effect for such State, be subject to the law applicable in that State to national patent applications.  Article 127 European Patent Register The European Patent Office shall keep a European Patent Register, in which the particulars specified in the Implementing Regulations shall be recorded. No entry shall be made in the European Patent Register before the publication of the European patent application. The European Patent Register shall be open to public inspection. Rule 143 Entries in the European Patent Register (1) The European Patent Register shall contain the following entries: (w) rights and transfer of such rights relating to an application or a European patent where these Implementing Regulations provide that they shall be recorded. Article 148 EPC – The European patent application as an object of property (1) Article 74 shall apply unless the group of Contracting States has specified otherwise. (2) The group of Contracting States may provide that a European patent application for which these Contracting States are designated may only be transferred, mortgaged or subjected to any legal means of execution in respect of all the Contracting States of the group and in accordance with the provisions of the special agreement.