Designs
Do you wish to modify something in your international design registration or application? If so, take a look at the international design registration page.
All documents submitted to document a modification can be made public: anyone may request copies of such documents from BOIP. That is why an extract from the agreement, from which confidential information has been omitted or redacted, is often submitted in the case of a transfer, pledge or licence.
Cancellation of a licence, pledge or seizure
What does the modification concern?
If a licence, pledge or seizure is registered in the register, but is no longer valid or applicable, you can ask BOIP to remove the stipulation in the register by requesting cancellation of the licence/pledge/seizure.
Documents to be submitted
- Cancellation of a licence: a copy of a joint request by the design holder and the licensee.
- Cancellation of a pledge: a copy of a joint request by the design holder and the pledgee.
- Cancellation of a seizure: a copy of the writ evidencing that the seizure has been lifted.
How to submit?
You can submit the modification using the form below.
No fee is payable for this type of modification.
Download Modifications form (PDF, 455 Kb)Download Explanatory notes (PDF, 64 Kb)
Cancellation of a design
What does the modification concern?
When a design is cancelled, it is struck from the register. Cancellation of a design can be the result of:
- A voluntary cancellation (the design holder voluntarily withdraws his registration from the register);
- A judicial cancellation (the court decides to strike a design from the register pursuant to a legal dispute).
Documents to be submitted
In the case of a voluntary cancellation:
- A request signed by the design holder.
- If filed by an authorised representative, a power of attorney signed by the design holder.
N.B.: If a licence, pledge or seizure is registered with respect to the registered design, the limitation can only be effected based on a request made by the design holder and the licensee/pledgee/seizuring party.
In case of judicial cancellation:
- A copy of the court decision containing the cancellation decision. A request for cancellation further to a court decision can only be filed provided that the court decision is final and not open to appeal, objection or cassation proceedings.
How to submit?
You can submit the modification using the form below.
No fee is payable for this type of modification.
Download Modifications form (PDF, 455 Kb)Download Explanatory notes (PDF, 64 Kb)
Change of e-mail address or account details
What does the modification concern?
It is important that your contact details are up to date, especially your correspondence and e-mail address. You can manage this data yourself in our My BOIP online environment.
How to submit?
You can modify this yourself in My BOIP.
No fee is payable for this type of modification.
Change of name or address of design holder
What does the modification concern?
When a change of name is requested, only the statutory name of the company changes. The company itself does not change; the name alone is modified. In the event of a transfer, the situation is different. In that case, the actual holder of a design changes, not just their name.
Documents to be submitted
A document proving that the name of the design holder has changed.
For example:
- an extract from the trade register (the document must indicate the connection between the old and new name);
- publication in the Belgian Official Journal;
- a copy of a notarial deed showing the amendment of the articles of association.
How to submit?
You can submit this modification through My BOIP.
No fee is payable for this type of modification.
Change of name or address of authorised representative
What does the modification concern?
When a change of name is requested, only the statutory name of the authorised representative changes. The authorised representative him or herself is unchanged, only his or her name is modified.
Documents to be submitted
- A document proving that the name of the authorised representative has changed.
How to submit?
You can submit this modification through My BOIP.
No fee is payable for this type of modification.
Designation or change of authorised representative
Licence
What does the modification concern?
A design can be licensed. This is done by means of an agreement between a design holder and a licensee. In the licensing agreement, the design holder grants another party permission to use the design.
The licensee can only invoke its licence against third parties if the licence has been registered in the Designs Register.
Sub-licence
When a licensee gives a third party permission to use the design that it has licensed, it is sub-licensing it. A sub-licence can only be recorded in the register, if the licence between the design holder and the licensee has also been recorded in the register. The design holder can stipulate in the licensing agreement that sub-licensing is not allowed.
Documents to be submitted
- A copy of the licensing agreement signed by both parties (licensor and licensee) or an extract thereof.
How to submit?
You can submit the modification using the form below.
A fee is payable for this type of modification.
Download Modifications form (PDF, 455 Kb)Download Explanatory notes (PDF, 64 Kb)
Pledge
What does the modification concern?
A design can be pledged to a bank to provide the bank with security for a loan. A pledge granted on a design is only perfected once the deed of pledge has been entered in the Designs Register.
Documents to be submitted
- A copy of the contract of pledge signed by both parties (pledgor and pledgee).
How to submit?
You can submit the modification using the form below.
A fee is payable for this type of modification.
Download Modifications form (PDF, 455 Kb)Download Explanatory notes (PDF, 64 Kb)
Seizure
What does the modification concern?
A design is a property right which can be seized. This is a mechanism enabling a creditor to recover a debt from a debtor. A seizure is also referred to as 'attachment'.
Documents to be submitted
- A copy of the court decision authorising the seizure, preferably by means of a bailiff’s notification;
- In the event of seizure before judgment, the claim must have been brought in the principal action.
How to submit?
You can submit the modification using the form below.
A fee is payable for this type of modification.
Download Modifications form (PDF, 455 Kb)Download Explanatory notes (PDF, 64 Kb)
Transfer
What does the modification concern?
When ownership of a design is transferred, the actual owner (and not just the owner’s name) changes. This is different to a “change of name” whereby only the statutory name of a company changes, with the company itself remaining the same.
Examples:
- From "Jan Janssen" to "Piet Pietersen"
- From "Jan Janssen, trading as Janssen Telecom" to "Janssen Telecom Ltd.”
- From company X to company Y
- A limited company in the process of being established becomes a fully-fledged limited company
- A partnership becomes a limited company
- A merger: a merger may involve either a “transfer” or a “change of name”. It depends on which party ceases to exist and which party continues to exist. It is a transfer if the current design holder is the party ceasing to exist. In that case, ownership of the design is transferred.
- Conversion of a legal entity under the law of the United States of America. For example, a Delaware corporation becomes a Californian corporation.
Documents to be submitted
A transfer requires a written document attesting to the transfer. This could be:
- A copy of the signed agreement between the parties (transferor and transferee) containing reference to the design. It can also be an extract from the full contract.
- A notarised statement.
In the event of a merger:
- A copy of a document attesting to the merger.
The document must show that the design is part of the merger (e.g. that all assets and liabilities are being merged or the design is mentioned by name).
Exception: a legal merger is under universal succession, all rights and obligations transfer to the new company, association or organisation.
In the event of bankruptcy:
- The receiver decides what is to happen in the event of a legal entity going bankrupt, including what happens with respect to any designs. The receiver alone has power of signature and so it is he or she who must sign on behalf of the transferor.
In the event of death of the design holder:
- A copy of the certificate of inheritance. The heirs must transfer the design jointly.
In the case of a legal entity under the law of the United States of America:
- Conversion of, for example, a Delaware corporation into a California corporation. A copy of a document attesting to the conversion.
How to submit?
A fee is payable for this type of modification.
You can submit this modification through My BOIP.
What will happen to my modification?
Once you submit your request for modification, through My BOIP or using the modifications form, BOIP will process it, by checking the supporting documents, for example. You can monitor the status of your request for modification in the BOIP Designs Register.
