ADMINISTRATIVE MANAGEMENT
Title management concerns the administrative management of existing industrial property titles. These are post-issuance operations that ensure the maintenance, monitoring, and modification of the granted rights throughout their validity period.
Effective administrative management of existing titles is fundamental to ensuring the legal security of industrial property rights within the OAPI area. It constitutes a crucial link between the initial acquisition of rights and their economic exploitation by the holders.
It includes several specific components depending on the nature of the securities concerned.
MAINTENANCE OF SECURITIES
A. Payment of periodic taxes
- For invention patents
- Payment of annual fees (current annual maintenance fees)
- Reminder system for account holders before each deadline
- Surcharges will be applied in case of late payment (grace period of 6 months)
- Forfeiture procedure in case of non-payment after the grace period
- For the brands
- Renewal fees payable every 10 years
- Early renewal procedure (6 months before expiry)
- A 6-month grace period after expiry with a surcharge applies
- Cancellation of non-renewed trademarks
- For industrial designs and models
- Renewal possible every 10 years (up to a maximum of 15 years)
- Payment of the corresponding taxes
- For trade names
- Renewal every 10 years
- Payment of the renewal tax
B. Restoration of deprived titles
- Procedure for restoring rights forfeited due to non-payment of taxes
- A 6-month grace period has elapsed before a restoration request can be submitted
- Review of the justifications for non-payment (force majeure, etc.)
- Payment of a special catering tax
RECORDING OF CHANGES
A. Changes relating to the holder
- Changes of name or company name
- Registration procedure for the special register
- Verification of supporting documents
- Publication of the amendment in the BOPI
- Change of address
- Updating contact information in the registers
- Impact on future notifications
- Transfers of rights
- Review of the transfer contracts
- Chain of Rights Verification
- Entry in the special register with mention of the effective date
- Registration in the special trademark register in the event of transfer to the new owner
- Publication in the BOPI
B. Operating Contracts
- Operating licenses
- Analysis of license agreements (exclusive or non-exclusive)
- Verification of compliance with public order
- Registration in the special register
- Publication in the BOPI
- Franchises
- Registration of franchise agreements involving IP titles
- Analysis of clauses relating to trademarks and other rights
- Pledges and other securities
- Registration of industrial property rights given as security
- List of beneficiary creditors
