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The maintenance of the acquired right on the DMI registration can have a positive aspect by the renewal of registration, or a negative aspect by the loss of this right in a voluntary way through the relative acts on the DMI's right, or involuntary such as the pronunciation of judicial decisions resulting in the loss of this right.
A. THE RENEWAL OF REGISTRATION
tHE DMI registration produces its effects from the date of filing for a period of 10 years(art. 152.al. 1), it results that the renewal is an important procedure which allows to save its rights on the DMI beyond the initial period.
Registration DMI has effect from the date of filing for a period of 10 years (art. 152 para. 1). The expiry of this period results in the loss of rights to the DMI unless there's "renewal" (art.152 al. 2), it follows that the renewal is an important procedure to safeguard their rights DMI beyond the initial period.
1. Procedure and delay of renewal
According the article 122 of law 17-97 as modified and supplemented "the registration of an industrial design or model produces its effects for five years from the date of filing. It can be renewed at the request of the holder or his representative having a power with the justification for the payment of fees, for four new consecutive periods of five years, the renewal of registration must be made within six months before the expiry of its validity. However, a grace period of six months from the expiry of the validity period is granted to the applicant to make such renewal. The renewal runs from the expiry of the validity of registration. Renewal may only relate to the industrial design or model as included in its latest form of the National Register of Industrial Designs and model. The renewal formalities are set by regulation."
2 . The scope of renewal
The applicant must precise his intention to opt for the renewal either of the set of elements, or only a part of products or services designated in the registration, without being modifying the element of the initial filing.
Thus, the registration of a DMI can be renewed if there is neither modification of the model, nor extension to other products or services other than those designated in the application for DMI initial registration.
In addition, the renewal application must be limited to part of products or services covered by the registration, if the renewal is only part of the products or services in question.
However, the applicant is in the obligation of making a new registration if intends to enlarge the scope of protection to other elements not part of the initial filing.
3 . The effects of renewal
The renewal allows protection of the sign for a further period of 10 years, from the expiry of the initial period of the validity of the DMI.
Consequently, to maintain the protection of DMI, it is necessary to renew the registration in accordance with the legal dispositions in this regard . The renewal of DMI has the effect of saving the same rights and obligations of the initial registration. In other words, the renewal creates no law.
B. ACTS RELATING TO RIGHTS ON DMI
The owner of a right on DMI has the opportunity to use his DMI either personally or through a third part. In addition, he can renounce this right to a third party; he can also transfer its use via an assignment or a license. DMI can also be pledged. These legal acts can relate to all or only part of the DMI right.
The law attributed to the owner of a DMI several prerogatives, he benefits from this effect of certain guarantees to the purpose of maintaining the DMI, which allows him to face undue usurpation to his property.
In addition, the law provides a common rule to acts relating to a transfer or a license. These acts must be in writing under penalty of nullity ( 17-97 article123.meta.html the Act, as amended and supplemented).
1. The renunciation of the DMI right
The holder of a right on the DMI may at any time waive his right to OMPIC.
A person can use the renunciation of his right to the DMI due to the recognition of the existence of a subsequent right, which could cause him material or moral problems.
The legislator has regulated this case in Article 124 of the law 17-97 as amended and supplemented, he admits the principle of renunciation of the protection granted to the holder of DMI under certain conditions:
- The necessity for a written declaration.
- Determining the products or services covered by the renunciation, given that the protection can be partial or total.
- In case of co-ownership, an application of all owners.
- The consent of the holders of rights in real license or pledge.
2. Transfer of rights on the DMI
The holder of a DMI has the right to sell all or part of its rights in a registered DMI. This is what emerges from Article 124 of the law 17-97 as amended and supplemented.
The sales agreement of DMI is defined as a convention by which the owner transmits his right on the DMI to the transferee for a consideration.
Many DMIs are subject to assignment in sales or transfers of businesses.
3. The pledge
Article 125 of the law 17-97 as amended and supplemented expressly predicts the case of DMI pledge providing that the rights attached to a DMI can be subject of a "pledge".
The purpose of pledging is generally to obtain a financing for the enterprise.
Pledging a DMI is subject to rules of common law pledge. Consideration made for specific provisions to the DMI.
4. The license of DMI
The license of DMI is a form of DMI in so far as it allows an escape from decay, in particular, when it is impossible for the owner to use it himself..
The grant of license can be:
- Exclusive or
A DMI license is defined as a convention by which, the holder of the DMI "Licensor " allows the operation thereof in favor of a licensee in return for a fee called “royalties".
Like other contracts previously studied, the license agreement is not regulated by law 17.97, therefore, we deduce that obeys the general law of obligations and contracts.