Article 148
(1) The industrial property right may be transferred, inherited, become the subject of license; put in pledge; shown as collateral, seized or become the subject of other legal actions. The right over geographical sign and traditional product name may not be subject to license, transfer, inheritance, confiscation and similar legal actions and may not be used as collateral.
(2) The legal actions specified in the first paragraph may be carried out independent of the business.
(3) In case there is more than one owner of industrial property right, other stakeholders shall have pre-emption right when any of the owners sell its share partly or wholly to a third party. The sale shall be reported to other stakeholders by the buyer or seller. Pre-emption right shall be void when a period of three-month elapses after the date of the notification to right owner of sale and in any case when a period of two-year elapses after sale. If the parties cannot agree, pre-emption right shall be exercised by litigating against the buyer. The owner of pre-emption right shall be obliged to pay the selling price in cash to the place to be determined by the court within the period specified by the court prior to decision of transferring the share to the owner. The pre-emption right may not be used in forced sales.
(4) Legal actions shall be subject to written form. Transfer contracts shall be valid only if they have been approved by notary.
(5) Legal actions are registered and published in the Bulletin upon the request of one of the parties, payment of the fees and the fulfillment of the other conditions specified in the regulation. Without prejudice to the provisions of Article 115, rights arising from legal actions not registered in the registry may not be claimed against third parties acting in goodwill.
(6) Trademark may be transferred for all or part of the goods or services for which it is registered.
(7) The transfer of the certification mark or collective trademark or licensing a collective trademark shall be valid when registered in the registry.
(8) The provisions of this Article shall also be applied to industrial property right applications.
