General provisions on industrial design use right transfer

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

Generally, Transfering the industrial design use right means the permission by the owner of such industrial design for another organization or individual to use the patent/utility solution within the scope of using right. Transfering the use right must be established in the form of written contracts.

A dossier on industrial design use right transfer

+ Initially, Written declaration for registration of the transfer of industrial property rights contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ Additionally, 02 originals or 02 valid copies of the contract;

+ Besides, Written consent of co-owners to the right transfer, if the relevant industrial property rights are under common ownership;

+ Plus, Power of attorney (if the dossier is filed through a representative);

+ Further, Fee and charge receipts;

+ Lastly, Other documents (if necessary).

The time limit on industrial design use right transfer

IPVN shall examine the requests for registration of the transfer contract within 02 months from the date of receipt of the request.

Result on industrial design use right transfer

If a dossier for registration of a transfer of industrial property right contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration. Then IPVN shall register and publish the certificate in the Industrial Property Official Gazette.

Conversely, the IPVN shall send to the requester a notice of intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on rejection of the request for registration. 

Return (if any): certificate of registration of a transfer contract, the protection title to the owner.

Fees and charges on industrial design use right transfer

+ First of all, Fee for granting a certificate of registration of the transfer contract: VND 120,000/ 01 request;

+ Secondly, Fee for examination request for registration of a transfer contract: VND 230,000/ 01 protection title;

+ Next, Fee for publication of decision on the grant of a certificate of registration: VND 120,000/ 01 request;

+ Finally, Fee for recording decision on the grant of a certificate of registration into the National Register of Industrial Property: VND 120,000/ 01 protection title.

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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