Amendment/change of holders of industrial design protection title

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

The holder of a protection title may request the IPVN to record changes in that protection title in the following cases:

– Changing in the name or address of the protection titleholder; change in the author’s name or nationality;

– Changing of the protection titleholder;

– Recording changes related to information on industrial property representation service organizations on National Register of Industrial Property 

– Narrowing of the protection coverage: request for exclusion of one or several industrial design variations, one or several products from the set of products stated in the industrial design patent.

A request for amendment/change of holders of protection title

+ First of all, Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;

+ Secondly, Original protection title;

+ Thirdly, documents certifying the change of the name or address in case the content requested to be modified is such name or address;

+ Next, documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;

+ Plus, documents explaining in detail the modified contents;

+ Additionally, 05 sets of photos or drawings of industrial designs;

+ Besides, Power of attorney (in case through a representative);

+ Further, A copy of the receipt of fees and charges as prescribed;

+ Lastly, Other documents (if necessary).

The time limit for amendment/change of holders of protection title

IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.

In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for industrial designs not exceeding 04 months and 20 days.

The time limit for re-examination must be extended in complicated cases, however, it must not exceed the time limit for examination of applications for establishment of rights.

Result for amendment/change of holders of protection title

If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register, and publish in the Industrial Property Official Gazette. Conversely, the IPVN shall send to the requester a notice on intended refusal.

Normally, if within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, the IPVN shall issue a decision on the rejection of the request for protection title amendment. Then, IPVN shall return the protection title to the owner.

Fees and charges for amendment/change of holders of protection titles

+ Initially, fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;

+ Next, Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;

+ In addition, Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;

+ Plus, Fee for recording decision into the National Register of Industrial Property: VND 120,000/ protection title.

+ Finally, Fee for a re-examination in case narrowing of the protection coverage: VND 700,000 / 01 variant.

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333.

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