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1.An application for registration of a transfer pursuant to Article 28 of Regulation (EC) No 6/2002 shall contain:
(a)the registration number of the Community design;
(b)particulars of the new holder in accordance with Article 1(1)(b);
(c)where not all of the designs covered by a multiple registration are included in the transfer, particulars of the registered designs to which the transfer relates;
(d)documents duly establishing the transfer.
2.The application may contain, where applicable, the name and business address of the representative of the new holder, to be set out in accordance with Article 1(1)(e).
3.The application shall not be deemed to have been filed until the required fee has been paid. If the fee is not paid or is not paid in full, the Office shall notify the applicant accordingly.
4.The following shall constitute sufficient proof of transfer under paragraph 1(d):
(a)the application for registration of the transfer is signed by the registered holder or his/her representative and by the successor in title or his/her representative; or
(b)the application, if submitted by the successor in title, is accompanied by a declaration, signed by the registered holder or his/her representative, that he/she agrees to the registration of the successor in title; or
(c)the application is accompanied by a completed transfer form or document, signed by the registered holder or his/her representative and by the successor in title or his/her representative.
5.Where the conditions applicable to the registration of a transfer are not fulfilled, the Office shall notify the applicant of the deficiencies.
If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for registration of the transfer.
6.A single application for registration of a transfer may be submitted for two or more registered Community designs, provided that the registered holder and the successor in title are the same in each case.
7.Paragraphs 1 to 6 shall apply mutatis mutandis to the transfer of applications for registered Community designs. The transfer shall be recorded in the files kept by the Office concerning the Community design application.
1.Article 23(1)(a), (b) and (c) and Article 23(2), (3), (5) and (6) shall apply mutatis mutandis to the registration of the grant or transfer of a licence, to registration of the creation or transfer of a right in rem in respect of a registered Community design, and to registration of enforcement measures. However, where a registered Community design is involved in insolvency proceedings, the request of the competent national authority for an entry in the Register to this effect shall not be subject to payment of a fee.
In the case of a multiple registration, each registered Community design may, separately from the others, be licensed, the subject of a right in rem, levy of execution or insolvency proceedings.
2.Where the registered Community design is licensed for only a part of the Community, or for a limited period of time, the application for registration of the licence shall indicate the part of the Community or the period of time for which the licence is granted.
3.Where the conditions applicable to registration of licences and other rights, set out in Articles 29, 30 or 32 of Regulation (EC) No 6/2002, in paragraph 1 of this Article, and in the other applicable Articles of this Regulation are not fulfilled, the Office shall notify the applicant of the deficiencies.
If the deficiencies are not remedied within a time limit specified by the Office, it shall reject the application for registration.
4.Paragraphs 1, 2 and 3 shall apply mutatis mutandis to licences and other rights concerning applications for registered Community designs. Licences, rights in rem and enforcement measures shall be recorded in the files kept by the Office concerning the Community design application.
5.The request for a non-exclusive licence pursuant to Article 16(2) of Regulation (EC) No 6/2002 shall be made within three months of the date of the entry in the Register of the newly entitled holder.
1.A licence in respect of a registered Community design shall be recorded in the Register as an exclusive licence if the holder of the design or the licensee so requests.
2.A licence in respect of a registered Community design shall be recorded in the Register as a sub-licence where it is granted by a licensee whose licence is recorded in the Register.
3.A licence in respect of a registered Community design shall be recorded in the Register as a territorially limited licence if it is granted for a part of the Community.
4.A licence in respect of a registered Community design shall be recorded in the Register as a temporary licence if it is granted for a limited period of time.
1.A registration effected under Article 24 shall be cancelled upon application by one of the persons concerned.
2.The application shall contain:
(a)the registration number of the registered Community design, or in the case of a multiple registration, the number of each design; and
(b)particulars of the right whose registration is to be cancelled.
3.Application for cancellation of the registration of a licence or other right shall not be deemed to have been filed until the required fee has been paid.
If the fee is not paid or is not paid in full, the Office shall notify the applicant accordingly. A request from a competent national authority for cancellation of an entry where a registered Community design is involved in insolvency proceedings shall not be subject to payment of a fee.
4.The application shall be accompanied by documents showing that the registered right no longer exists or by a statement by the licensee or the holder of another right to the effect that he/she consents to cancellation of the registration.
5.Where the requirements for cancellation of the registration are not satisfied, the Office shall notify the applicant of the deficiencies. If the deficiencies are not remedied within the time limit specified by the Office, it shall reject the application for cancellation of the registration.
6.Paragraphs 1, 2, 4 and 5 shall apply mutatis mutandis to a request for modification of a registration effected pursuant to Article 24.
7.Paragraphs 1 to 6 shall apply mutatis mutandis to entries made in the files pursuant to Article 24(4).