Registers of intellectual property rights

The Intellectual Property Office keeps unique registers of industrial property rights containing bibliographical data about the applications and registered rights as well as data about changes referring to the particular application or registered right (transfer of rights, license, pledge, franchise, etc.).

Entry of changes in the Register produces legal effect towards the third parties from the date of entry.
It is in the public interest to update the publicly available information, which are, at the request of the applicant, entered in the Register.

Entry of changes in the Register has the purpose to get all the interested parties acquainted with the fact that changes have occurred on a certain right, and it thus facilitates to the industrial right holders further management of rights, as assets.

The Intellectual Property Office keeps registers in the electronic form for trademarks, patents and petty patents.

Issuing certificates on the basis of the official records

If you have the need to establish the fact whether some intellectual property right is in force and entered in the appropriate Register kept by the Intellectual Property Office, it is necessary acquiring the certificate issued by the IPO. Please note that when the data in the Register changes, for which the certificate was issued, the issued certificate is considered expired.

The right holder or other interested party can file the request for the issuing certificate whenever there is a need for the fulfillment of the mentioned purpose. Procedure is initiated by a request followed by a proof of paid fee in compliance with the tariff number 119 of the Tariffs of Republic Administrative Fees.

Entry of changes of the name and address of the industrial property applicant/holder of right in the Register

In case the data entered in the register change and refer to the name or address of the right holder, it is necessary to initiate the procedure by submitting a request, by which you ask the Office to enter the requested change in the appropriate register, so that every interested party has accurate information regarding your industrial property rights. With this procedure, you acquire Decisions on entering the requested change.

In the case that the request is not filed, any subsequent change could not be entered in the Register, since in that case the data from the request do not comply with the data in the registers, which represents one of the legally prescribed preconditions.

The purpose of this procedure is to update publicly available data in the registers, in order to ensure continuity in their keeping.

The procedure is initiated by a request followed by a proof on the paid fee in compliance with the tariff number 126 of the Tariff of the Republic Administrative Fees.

Entry of the transfer of rights

If the holder of a certain right from the application or registered industrial property right (patent, petty patent, trademark and industrial design) has transferred his right to another person, it is necessary to initiate the procedure by filing a request, which requires the Office to enter that particular change in the appropriate Register.

Along with the request, the contract on the transfer of rights is submitted, confirming the fact that the owner has been changed on that particular right. By this procedure, you acquire the Decision on the entry in the Register of the requested change issued by the Intellectual Property Office.

The person transferring the right or the person who acquired the right can initiate the procedure of entry of the transfer of rights in the Register.

The procedure is initiated by the request along with the proof on the legal grounds of the requested entry, as well as the proof on the paid fees, in compliance with the tariff number 125 of the Tariff of the Republic Administrative Fees.

If this procedure would not be carried out, with entering the facts on new right holder in the appropriate register, any subsequent change of data for a certain industrial property rights could not be carried out, since the data from the request for the entry of the subsequent change would not comply with the data in the registers. Therefore, further management of rights, as assets, would be difficult, bearing in mind that for eg. one of IP rights (trademark) the request for the extension of validity can be filed only by the person (natural or legal) who is entered in the register as the trademark right holder.

Entry of license

If the holder of a certain right on the application/registered right of industrial property (patent, petty patent, trademark and industrial design), by a license agreement, transferred the right to use to another natural or legal person, it is necessary to acquire the Decision on the entry of license in the Register, by initiating procedure before the Office.

The licensor or the licensee from the contract can initiate procedure for the entry of license.

The aim of the procedure is for the licensee, who is entered in the appropriate register, can exercise his rights  since the law prescribes that the holder of patent, petty patent, trademark and industrial design  can not waive his right without written consent of the person in whose name the license has been entered. Also, if the trademark or industrial design holder does not pay the renewal fee within the specified period, the licensee who is entered in the register may pay the same. By that act, the licensee does not become the owner of right  but he acquires the right to keep using the particular trademark/industrial design, whose duration has been prolonged by the payment of fees.

The purpose of entering a license in the Register is to inform the public or the interested parties with the fact that a license has been given for a certain right, as well as to update publicly available information in the registers.

The procedure is initiated by a request accompanied by a proof on the legal ground of entry in the register that is required, as well as by the proof on the payed fee, in compliance with the tariff number 125 of the Tariff on the Republic Administrative Fees.

Constitution of the pledge

Pledge on the industrial property right gives the opportunity to the right holder to obtain credit and thus places his right (trademark, patent, petty patent, industrial design) into function of securing the credit of the creditor.

The creditor acquires the pledge by entry into the register of the Intellectual Property Office.

By the pledge contract, which represents the legal ground for the entry of pledge, the person giving the pledge (the holder of industrial property right), undertakes to provide the creditor with security for his claim by entering in the appropriate register of the Office the pledge on the industrial property right, for the benefit of the creditor.

The right holder can file request for the constitution of pledge by entry into register in the capacity of the pledge debtor or creditor. The purpose of the constitution of pledge is the securing of the claim of the creditor. The procedure is initiated by a request accompanied by the proof on the legal ground of the entry, which is requested, as well as the proof on the paid fee in compliance with the number 125 of the Tariff of the Republic Administrative Fees.

Deletion of pledge

The purpose of the deleting the pledge from the register means for the industrial property right to be relieved of burden so that the right holder can again freely dispose of it, or participate in the legal transaction.

When the claim of the pledge creditor ceases with the payment of the debt or in another way, the pledge is no longer valid and is deleted from the register at the request of the pledge creditor, debtor or pledger, when it is not the same person.

The procedure of deleting the pledge right from the register may also be initiated when the pledge creditor waives the pledge right in writing, in which case, as evidence, a written statement of the pledge creditor agreeing to the deletion shall be submitted.

Also, pledge is deleted from the register on the basis of the court decision or other document from which it comes out that the pledge right has stopped.

The procedure is initiated by a request accompanied by proof on the legal ground of the entry which is requested, as well as proof on the paid fees in compliance with the tariff number 125 of the Tariff of the Republic Administrative Fees.

ZIS