Procedures for requesting recording of changes in industrial property applicants in Vietnam

Procedures for requesting recording of changes in industrial property applicants in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

Procedures for requesting recording of changes in industrial property applicants are specified in Decision 2060/QD-BKHCN in 2023 as follows:

1. Document requesting recording a change of industrial property applicant in Vietnam

- Components of the dossier requesting the recording of changes in industrial property applicants include:

+ Declaration requesting recording of transfer of industrial property registration application according to Form No. 05 in Appendix II of Decree 65/2023/ND-CP (in case of changing the applicant due to transfer of application) or Declaration of amendments and supplements to industrial property registration application according to Form 04 in Appendix II of Decree 65/2023/ND-CP (in case of changing the applicant on the basis of inheritance or inheritance of property when consolidating, merging, dividing, separating legal entities, joint ventures, associations, establishing new legal entities of the same owner, converting business forms or according to the decision of the Court or other competent authority);

+ Documents for the transfer of industrial property registration applications;

+ Documents proving who inherits or inherits the right to register.

+ Power of attorney (if applying 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).

- How to submit a request for recording a change of industrial property applicant as follows:

+ Online through the information system for handling administrative procedures 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 Ho Chi Minh City and Da Nang.

2. Procedures for requesting the recording of changes in industrial property applicants in Vietnam

- Step 1: Receive application

Organizations and individuals submit 01 set of dossiers requesting to record changes in applicants for registration of industrial property objects to the National Office of Intellectual Property.

- Step 2: Processing the application

+ In case the application has no errors, the National Office of Intellectual Property shall issue a notice recording the change of applicant and publish it in the Industrial Property Official Gazette if the application has been accepted validly;

+ In case the application has errors or is invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to record changes in the applicant, clearly stating the reason for the requester to correct errors or make objections. If the requester does not correct the errors, the correction is unsatisfactory, there is no objection, or the objection is not valid, the National Office of Intellectual Property shall issue a notice refusing to record the change in the applicant.

3. Some regulations on requirements for recording changes in industrial property applicants

- Before the state management agency in charge of industrial property rights issues a decision to refuse to accept an application, decide to grant or refuse to grant a protection title, the applicant can request the state management agency for industrial property rights to record the change of applicant on the basis of transfer, inheritance, succession, or according to the decision of the competent authority.

- Recording changes in applicants due to inheritance, succession, or a decision of a competent authority is carried out upon request on the basis of inheritance or inheritance of assets when consolidating, merging, dividing, separating legal entities, joint ventures, associations, establishing new legal entities of the same owner, converting business forms, or according to the decision of the Court or other competent authority. Procedures for requesting the recording of changes in applicants in these cases are carried out as procedures for amending and supplementing applications according to the provisions of Article 16 of Decree 65/2023/ND-CP.

(Article 18 of Decree 65/2023/ND-CP)

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