File for Requesting Recordal of Change in Applicant for Industrial Property Objects Includes What?
Procedure for Requesting a Change of Applicant for the Latest Industrial Property Registration Subject
Based on the provisions in Section 7, Part A of the administrative procedures issued together with Decision 2060/QD-BKHCN in 2023, the procedure for requesting a change of applicant for the latest industrial property registration subject is specified as follows:
Implementation Steps:
- Step 1: Receive the application
Organizations or individuals submit 01 set of documents requesting a change of applicant for the industrial property registration subject to the Intellectual Property Office.
- Step 2: Process the application
+ If the application has no deficiencies, the Intellectual Property Office will issue a notice acknowledging the change of applicant and publish it in the Industrial Property Gazette, provided the application has been accepted as valid.
+ If the application has deficiencies or is invalid, the Intellectual Property Office will issue a notice of intent to reject the acknowledgement of the change of applicant, stating the reasons for the requester to correct the deficiencies or provide objections. If the requester does not correct the deficiencies, corrects them inadequately, provides no objections, or the objections are not valid, the Intellectual Property Office will issue a notice rejecting the change of applicant.
Implementation Methods:
- Online via the Administrative Procedures Resolution Information System of the Ministry of Science and Technology;
- Directly or via postal service to the headquarters of the Intellectual Property Office in Hanoi or its two representative offices in Ho Chi Minh City and Da Nang.
Result of the Administrative Procedure: Notice of acknowledgment of change of applicant for the industrial property registration subject/Notice of rejection of change of applicant for the industrial property registration subject.
Fees and Charges:
- Application transfer request examination fee: VND 160,000- Application transfer publication fee: VND 120,000- Application amendment and supplementation fee: VND 160,000- Application amendment and supplementation publication fee: VND 120,000.
Documents required for the request to acknowledge a change of applicant for the industrial property registration subject
Documents Required for the Request to Acknowledge a Change of Applicant for the Industrial Property Registration Subject
Based on the provisions in Section 7, Part A of the administrative procedures issued together with Decision 2060/QD-BKHCN in 2023, the documents required for the request to acknowledge a change of applicant for the industrial property registration subject are specified as follows:
Document Components
- Declaration form requesting the acknowledgment of application transfer for industrial property registration according to Form 05 in Appendix II of Decree 65/2023/ND-CP (in case of a change of applicant due to application transfer) or Declaration form for application amendment and supplementation for industrial property registration according to Form 04 in Appendix II of Decree 65/2023/ND-CP (in case of a change of applicant due to inheritance, asset acquisition upon merger, consolidation, division, separation of legal entities, joint venture, alliance, formation of a new legal entity by the same owner, business model transformation, or pursuant to a court decision or decision by another competent authority);
- Documents of industrial property registration application transfer;
- Documents proving the inheritance or acquisition of the right to register.
- Power of attorney (if the application is submitted by a representative);
- Copy of the fee and charge payment receipt (if the fee and charges are paid via postal service or directly into the account of the Intellectual Property Office).
Number of document sets required for the request to acknowledge a change of applicant for the industrial property registration subject: 1 set
The documents required for the request to acknowledge a change of applicant for the industrial property registration subject include:
- Declaration form requesting the acknowledgment of application transfer for industrial property registration (in case of a change of applicant due to application transfer) or Declaration form for application amendment and supplementation for industrial property registration (in case of a change of applicant due to inheritance, asset acquisition upon merger, consolidation, division, separation of legal entities, joint venture, alliance, formation of a new legal entity by the same owner, business model transformation, or pursuant to a court decision or decision by another competent authority);
- Documents of industrial property registration application transfer;
- Documents proving the inheritance or acquisition of the right to register.
- Power of attorney (if the application is submitted by a representative);
- Copy of the fee and charge payment receipt (if the fee and charges are paid via postal service or directly into the account of the Intellectual Property Office).
Requirements for Implementing the Acknowledgment of Change of Applicant for the Industrial Property Registration Subject
Based on the provisions in Section 7, Part A of the administrative procedures issued together with Decision 2060/QD-BKHCN in 2023, the requirements for implementing the acknowledgment of change of applicant for the industrial property registration subject are specified as follows:
- The transferee must meet the registration eligibility requirements.
- The request to acknowledge the change of applicant must be made before the Intellectual Property Office issues a decision to refuse acceptance of the application, a decision to grant or refuse to grant a protection title.
LawNet