Administrative management
The management of securities concerns administrative management of industrial property securities in force. These are post issues operations that ensure the maintenance, monitoring and changes in the rights granted throughout their validity period.
The effective administrative management of the securities in force is fundamental to guarantee the legal security of industrial property rights in the OAPI space. It constitutes an essential link between the initial phase of acquisition of rights and their economic exploitation by the holders.
It includes several specific components depending on the nature of the titles concerned.
Maintenance in force of titles
A. Payment of periodic taxes
- For invention patents
- Payment of annuals (annual maintenance taxes in force)
- Reminder system to holders before each deadline
- Application of surcharge in the event of late payment (6 -month -old grace period)
- Decline procedure in the event of non-payment after the period of grace
- For brands
- Payment of renewal taxes every 10 years
- Early renewal procedure (6 months before deadline)
- 6 -month grace period after expiration with surcharge
- Cancellation of unrepected brands
- For industrial drawings and models
- Possible renewal every 10 years (up to a maximum of 15 years)
- Payment of corresponding taxes
- For commercial names
- Renewal every 10 years
- Payment of the renewal tax
B. Restoration of fallen titles
- Disputes for the restoration of fallen rights for non-payment of taxes
- 6 months after the period of grace to submit a restoration request
- Examination of justifications for non-payment (force majeure, etc.)
- Payment of a special catering tax
Modifications registration
A. Changes relating to the holder
- Name or corporate name changes
- Registration procedure in the special register
- Verification of supporting documents
- Publication of the modification to the BOPI
- Address changes
- Update of coordinates in registers
- Impact on future notifications
- DRUEDS OF RIGHTS
- Examination of transfer contracts
- Verification of the Rights Chain
- Registration in the special register with mention of the effective date
- Registration in the special brands register in the event of sale to the new holder
- Bopi publication
B. Operating contracts
- Operating licenses
- Analysis of license contracts (exclusive or not)
- Verification of compliance with public order
- Registration in the special register
- Bopi publication
- Deductible
- Registration of franchise contracts involving Pi titles
- Analysis of clauses relating to brands and other rights
- Ponding and other safety
- Registration of industrial property rights given as warranty
- Mention of beneficiaries
