Regulations on transferring the right to use industrial property objects

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

Transfer of the right to use an industrial property object means an owner’s permission to another organization or individual to use an industrial property object within the scope of his/her use right. The transfer of the right to use industrial property objects must be done in the form of a written contract.

An industrial property object use contract is valid according to the agreement between the parties, but only legally valid for a third party when it has been registered at the National Office of Intellectual Property.

Dossier of request for transferring of the right to use industrial property objects

Initially, A declaration requesting the transfer of the right to use industrial property objects
(according to form 02-HDSD in Appendix D of Circular 01); Instructions for the link to the declaration form are here

Additionally, Contract for the transfer of the right to use industrial property objects
(02 copies);

Plus, The written consent of the co-owners on the transfer of the right to use the industrial property object, if the corresponding industrial property right is under common ownership;

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

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

Finally, Other documents (if needed).

Time limit for transferring the right to use industrial property objects

02 months from the date of application

Result for transferring the right to use industrial property objects

Issue a decision on registration of an industrial property right assignment contract and publish it in the Industrial Property Official Gazette or a decision on refusal to register an industrial property right transfer contract. Update the transfer content to the original Protection Title if the contract is registered and return the title to the Applicant.

Fees and charges for transferring the right to use industrial property objects

Fee for issuance of the certificate of registration of the contract to transfer the right to use industrial property objects: 120,000 VND/application

First of all, Fee for appraisal of application file for registration of license transfer contract: 230,000 VND/protection title

Next, Fee for publication of the decision to recognize the transfer of the right to use: 120,000 VND/application

Lastly, Fee for registration of the decision to recognize the transfer of the right to use: 120,000 VND/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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