What are the procedures for the issuance of decisions on compulsory transfer of rights to use inventions at the Central level in Vietnam?
- What are the procedures for the issuance of decisions on compulsory transfer of rights to use inventions at the Central level in Vietnam?
- What is the application for the issuance of decisions on compulsory transfer of rights to use inventions in Vietnam?
- What are the requirements for the issuance of decisions on compulsory transfer of rights to use inventions in Vietnam?
What are the procedures for the issuance of decisions on compulsory transfer of rights to use inventions at the Central level in Vietnam?
Pursuant to the provisions in subsection 20, Section A, the administrative procedures issued together with Decision 2060/QD-BKHCN in 2023 clearly state that the latest procedure for making decisions on compulsory transfer of rights to use inventions is carried out as follows. :
- Step 1: Receipt of documents
+ For cases where the use of an invention is for public, non-commercial purposes, serving national defense, security, disease prevention, treatment, nutrition for the people or meeting urgent needs of the society Association or to meet the needs of pharmaceuticals for disease prevention and treatment of other countries that are eligible for import according to international treaties to which Vietnam is a member: 01 request dossier sent to the Ministry and equivalent agencies. The Ministry manages related fields.
+ For other cases: 01 set of required documents submitted to the National Office of Intellectual Property.
- Step 2: Appraisal of documents
In case the dossier is invalid (request for decision to transfer patent rights without valid basis):
+ The Minister of Science and Technology/Minister or Head of a ministerial-level agency issues a notice of intended refusal, clearly stating the reason for refusal and setting a time limit of 01 month from the date of notice for the applicant to submit documents containing comments on intended refusal;
+ If the applicant has no opinion or has an invalid opinion, the Minister of Science and Technology/Minister or Head of a ministerial-level agency shall issue a notice refusing to force the transfer of the right to use the invention;
In case the application is valid:
+ Request compulsory transfer of invention use rights in cases where the use of the invention is for public, non-commercial purposes, serving national defense, security, disease prevention, treatment, nutrition for the people or to meet urgent needs of society or to meet the needs of pharmaceuticals for disease prevention and treatment of other countries that are eligible for import according to international treaties to which Vietnam is a member:
++ The Ministry or ministerial-level agency copies the dossier and sends it to the Ministry of Science and Technology for comments (through the National Office of Intellectual Property);
++ The National Office of Intellectual Property gives opinions and reports to the Minister of Science and Technology;
++ The Ministry or ministerial-level agency sends feedback to the opinion of the National Office of Intellectual Property (if disagree, clearly state the reason);
++ The Minister or Head of a ministerial-level agency makes a decision to accept or not accept the request decides on compulsory transfer of invention use rights.
+ Request decisions on compulsory transfer of invention use rights related to other cases:
++ The National Office of Intellectual Property issues a notice on the request to transfer the right to use an invention according to a mandatory decision to the holder of the exclusive rights to the invention and requires that person to give a written opinion;
++ Request the parties to renegotiate to sign the transfer contract (if necessary);
++ If the relevant parties cannot reach an agreement, the Minister of Science and Technology decides on compulsory transfer of rights to use inventions.
+ Record the decision in the National Register on transfer of industrial property rights within 01 month and publish it in the Industrial Property Official Gazette within 02 months from the date of signing the decision.
Performign methods:
- 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 procedures for the issuance of decisions on compulsory transfer of rights to use inventions at the Central level in Vietnam? (Image from the Internet)
What is the application for the issuance of decisions on compulsory transfer of rights to use inventions in Vietnam?
Pursuant to the provisions in subsection 20, Section A, the administrative procedures issued together with Decision 2060/QD-BKHCN in 2023 clearly state that the documents for implementing the procedure for issuing decisions on compulsory transfer of rights to use inventions include:
+ Declaration of decisions on compulsory transfer of invention use rights according to Form No. 04 in Appendix I issued with Decree 65/2023/ND-CP;
+ Documents proving that the request for a decision to force the transfer of the right to use the invention has a valid basis according to the law;
+ Authorization document (in case the request is submitted through a representative);
+ Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department's account).
Number of dossiers for issuance of decisions on compulsory transfer of rights to use inventions: 01 set
What are the requirements for the issuance of decisions on compulsory transfer of rights to use inventions in Vietnam?
Pursuant to the provisions in subsection 20, Section A, the administrative procedures issued together with Decision 2060/QD-BKHCN in 2023 clearly state the requirements and conditions for implementing the procedure for deciding on compulsory transfer of rights to use inventions as follows:
- The use of inventions is for public, non-commercial purposes, serving national defense, security, disease prevention, treatment, nutrition for the people or meeting urgent needs of society.
- The holder of the exclusive right to use the invention does not fulfill the obligation to use the invention after the end of four years from the date of filing the patent application and the end of three years from the date of grant of the patent.
- The person wishing to use the invention cannot reach an agreement with the holder of the exclusive right to use the invention on signing a contract to use the invention even though within a reasonable period of time he has tried to negotiate the price and satisfactory commercial conditions.
- The holder of the exclusive right to use an invention is considered to be committing anti-competitive acts that are prohibited according to the provisions of competition law.
- The use of inventions to meet the needs of pharmaceuticals for disease prevention and treatment of other countries that are eligible for import according to international treaties to which Vietnam is a member.
LawNet