FD1 - Transactions Flashcards
Who must consent to a licence?
All co-owners
What are the requirements for an assignment/mortgage in the UK?
In writing and signed by the assignor or mortgager (or their representative)
Must be a witness if personal or corporate seal if a company
What are the requirements for assignment of an EP?
In writing and signed by both parties
Can a licensee bring infringement proceedings for acts occurring before the agreement?
Yes - if agreed (check this)
Is there a fee for submitting a transaction?
Yes
Can an overseas owner transfer rights?
Yes - but they need a UK representative
What is the delay in uploading documents to the register?
14 days
Who maintains the register?
Comptroller
Can the public obtain register copies?
Yes - certified or uncertified, form and fee
Can the inventor’s name and address be omitted from the register?
Yes if requested
What is the effective date of a transaction?
Date of application to the register
How is a transaction registered?
File form, pay fee, provide evidence
Must a transaction be registered to be valid?
No, but may affect any costs if later party did not know about transaction
What happens if a later transaction is registered after an earlier transaction was not?
Later transaction has entitlement over the earlier one as long as the later party did not know about the earlier transaction
When will the comptroller or court not award costs or expenses for infringement?
When a transaction was not filed within 6 months of occurring (or as soon as practicable) and the infringement occurred in this time
