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Industrial Property rights transfer

Assignment of industrial property rights      

General provisions on assignment of industrial property rights

1. Assignment of an industrial property right means the transfer of ownership right by the industrial property owner to another organization or individual.
2. The assignment of an industrial property right shall be conducted in the form of written contract (hereinafter referred to as contract for assignment of industrial property right).

Restrictions to assignment of industrial property rights

1. An industrial property right owner shall only assign his or her right within the scope of protection.
2. The rights to a geographical indication shall not be assigned.
3. The rights to a trade name shall only be assigned together with the transfer of the entire business premise and business activities under the trade name.
4. The assignment of the rights to a mark shall not cause confusion as to characteristics or origin of the goods or services having the mark.
5. The rights to a mark shall only be assigned to the organizations or individuals who fulfill requirements for the person having the right to registration in respect of that mark. 

Licensing of industrial property objects  

General provisions on licensing of industrial property objects

1. Licensing of an industrial property object means the permission of the industrial property owner given to another organization or individual to use the industrial property object within the scope of the owner’s use right.
2. The licensing of an industrial property object shall be conducted in the form of written contract (hereinafter referred to as license contract for use of industrial property object).

Restrictions to licensing of industrial property objects

1. The right to use a geographical indication or a trade name shall not be licensed.
2. The right to use of a collective mark shall not be licensed to organizations or individuals other than members of the collective mark owner.
3. The licensee shall not enter into a sub-license contract with a third party without permission of the licensor.
4. A mark licensee shall have the obligation to indicate on goods and packaging thereof that the goods have been produced under a contract for use of mark.
5. An invention licensee under an exclusive contract shall have the obligation to use such invention in the same manner as the invention owner in accordance with the Law. 

Registration of contracts for transfer of industrial property rights   

Effect of contracts for transfer of industrial property right

1. A contract for assignment of industrial property right shall only be effective upon registration with the state administration authority of industrial property rights.
2. A contract for use of industrial property object shall be effective as agreed by the parties but shall only be effective to a third party upon registration with the state administration authority of industrial property rights.
3. Validity of a licensing contract for use of industrial property object shall be terminated ex-officio upon the termination of licensor’s industrial property right.

Dossier for registration of contracts for transfer of industrial property right 

A dossier for registration of a licensing contract for use of industrial property object or a contract for assignment of industrial property right shall comprise the following:

1. A request for registration of contract, made in prescribed form;
2. An original or a valid copy of the contract;
3. The original of the Protection Title (in case of assignment of industrial property right);
4. Co-owners’ written consent and a written explanation of the reason for disagreement of the rest co-owners if the industrial property right is under co-ownership;
5. Receipt of fees and charges;
6. Power of attorney, if the dossier is filed through a representative. 

Member of

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Contacts

 Working Office: 10 Floor, Office Building 37 Nguyen Dinh Chieu, Hai Ba Trung District, Ha Noi, Viet Nam
 Register Office: Room 101, Building 30 Nguyen Du, Bui Thi Xuan, Hai Ba Trung District, Hanoi, Viet Nam
 +84.24.39431566 / +84.24.39785713 / +84.24.39785714
  +84-24.3943.3688 
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