What is the application for registration of industrial property right assignment contract in Vietnam? What are the procedures?
- What is the application for registration of industrial property right assignment contract in Vietnam?
- What are the procedures for registration of industrial property right assignment contract in Vietnam?
- What are the requirements and conditions for implementing the procedures for registration of IPR assignment contract in Vietnam?
What is the application for registration of industrial property right assignment contract in Vietnam?
Pursuant to the provisions in Section 17, Part I of the Administrative Procedures issued with Decision 2060/QD-BKHCN in 2023, it is clearly stated that Application for registration of industrial property right (IPR) assignment contract includes
+ Registration declaration of IPR assignment contract according to Form No. 01 in Appendix IV of Decree 65/2023/ND-CP;
+ 01 contract (original or certified copy according to regulations); If the contract is made in a language other than Vietnamese, it must be accompanied by a translation of the contract into Vietnamese; If the contract has many pages, each page must have the parties' signatures or seals;
+ Original certificate of protection in case the certificate of protection is issued in paper form;
+ Written agreement of the co-owners on the IPR assignment, if the corresponding IPR is jointly owned;
+ Authorization document (in case the request is submitted through a representative);
+ Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department's account);
+ For the application to register a transfer contract for a collective mark or a certification mark, additional documents are required: Regulations on the use of collective marks, regulations on the use of certification marks and supporting documents. the transferee's right to file an application (in this case, the National Office of Intellectual Property will re-examine the right to file an application and regulations on use of the trademark; the applicant must pay an application examination fee in addition to other fees and charges) for Application for registration of IPR assignment contract according to regulations).
- Number of documents: 01 (set).
What is the application for registration of industrial property right assignment contract in Vietnam? What are the procedures?
What are the procedures for registration of industrial property right assignment contract in Vietnam?
Pursuant to Section 17, Part I of the Administrative Procedures issued with Decision 2060/QD-BKHCN in 2023, it clearly states that the registration procedure of IPR assignment contract is carried out as follows:
- Step 1: Receive documents
Organizations and individuals submit 01 set of Application for registration of IPR assignment contract to the National Office of Intellectual Property.
- Step 2: Process documents
In case the registration dossier has no errors:
+ The National Office of Intellectual Property issues a decision to record IPR assignment;
+ Recorded in the new owner's Protection Certificate; In case of transferring a part of the list of goods and services bearing a protected trademark, a new Trademark Registration Certificate will be issued to the receiving party and the limit of the list of goods/services in the Protection Certificate will be determined. original to that transfer;
+ Recorded in the National Register of IPR transfers;
+ Announce the decision to record IPR assignment in the Industrial Property Official Gazette within 02 months from the date of decision.
In case the registration dossier has errors:
+ The National Office of Intellectual Property issues a notice of intention to refuse registration of the contract, clearly stating the shortcomings of the dossier, setting a period of 02 months from the date of signing the notice for the applicant to correct the shortcomings or give feedback on the intention to refuse contract registration;
+ Issue a decision to refuse to record the transfer if the applicant does not make corrections or corrects errors unsatisfactorily, has no objections or unwarranted objections regarding the intention to refuse the proper registration. contract within the prescribed period.
To perform:
- Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.
- Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.
What are the requirements and conditions for implementing the procedures for registration of IPR assignment contract in Vietnam?
Pursuant to the provisions in Section 17, Part I of the Administrative Procedures issued with Decision 2060/QD-BKHCN in 2023, clearly stating the requirements and conditions for implementing the registration procedure of IPR assignment contract as follows:
- IPR owners can only transfer their rights within the scope of protection.
- Rights to geographical indications are not transferable.
- Rights to a trade name can only be transferred with the transfer of the entire business establishment and business activities under that trade name.
- The transfer of rights to a trademark must not cause confusion about the characteristics and origin of the goods or services bearing the trademark, specifically in the following cases:
+ The transferred trademark is identical or confusingly similar to another trademark that is protected under the Trademark Registration Certificate or international trademark registration owned by the transferor;
+ A part of the goods and services bearing the transferred mark is similar to the remaining goods and services in the List of goods and services owned by the transferor and the use of the mark along with the part Those goods or services of the transferee are likely to cause confusion about the commercial origin of the goods or services (in cases where the scope of transfer is part of the list of goods and services);
+ The transferred trademark contains elements that are signs that make consumers confused or misunderstand the origin, quality, value, etc. of the goods and services within the scope of transfer.
- Rights to collective marks or certification marks can only be transferred to the organization that has the right to register such collective mark or certification mark.
- Rights to inventions, industrial designs, and layout designs that are the result of scientific and technological tasks using the state budget may only be transferred to organizations established under Vietnamese law, individuals Individuals are Vietnamese citizens and permanent residents in Vietnam. Organizations and individuals receiving transfer of ownership rights must fulfill the corresponding obligations of the host organization according to the provisions of the Intellectual Property Law.
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