Legal basis

• Law on Intellectual Property No. 50/2005/QH11;
• Decree No. 103/2006/ND-CP-Detailing and guiding the implementation of a number of articles of the Law on Intellectual Property on Industrial Property
• Circular No. 01/2007/TT-BKHCN-Guiding the implementation of the Government’s Decree No. 103/2006/ND-CP dated September 22, 2006 detailing and guiding the implementation of a number of articles of the Law on Intellectual Property on Industrial Property

Application for registration of industrial property rights transfer contract

The application for registration of industrial property rights transfer contracts includes the following papers and documents:

• Power of attorney (if submitting an application through a representative)
• Copy of payment documents of fees and charges (in case of payment of fees and charges through the postal service or deposited directly into the account of the Department of Intellectual Property)
• Declarationof registration of transfer contract
• 01 contract (original or certified copy as prescribed).if the contract is made in a language other than Vietnamese, it must be accompanied by a translation of the contract into Vietnamese; if the contract has multiple pages, each page must have the signature of the parties or stamped with hybrid armor.
• Original protection diploma
• Written consent of co-owners on the transfer of industrial property rights, if the corresponding industrial ownership is jointly owned
• Regulations on use of collective trademarks, regulations on use of certification marks and documents proving the right to apply of the Transferee in case of transfer of certified and collective trademarks.

Order of conducting

Step 1: Receive the application

Applications for registration of industrial property rights transfer contracts can be submitted directly or by post to the headquarters of the Department of Intellectual Property – Ministry of Science and Technology

Step 2: Handle the application in case the application is not flawed:

• The Department of Intellectual Property issued a decision on recognition of dossiers of transfer of industrial property rights;
• Recognition in the new Owner’s Protection Certificate; in case of transfer of part of the list of goods and services bearing the protected mark, the new trademark registration certificate shall be issued to the recipient and the limit of the list of goods/services in the original protection certificate shall be issued for such transfer;
• Recognition in the National Register on transfer of industrial property rights;
• Announce the decision to record the transfer of industrial property rights on the Industrial Property Notice.

Step 2: Handle the application in case the application is flawed:

• The Department of Intellectual Property issued a notice of intent to refuse to register the contract, stating the shortcomings of the dossier for the applicant to correct the shortcomings or to have feedback on the intention to refuse to register the contract;
• Issue a decision to refuse to record the transfer if the applicant does not correct or correct the unsubmitted shortcomings, there is no objection or improper objection to the intention to refuse to register the contract within the specified time limit.

Services of Hong Bang Law Firm

• Advising on legal aspects related to industrial property rights transfer contracts;
• Advising on drafting and reviewing industrial property rights transfer contracts;
• Representatives of clients negotiate, draft and review industrial property rights transfer contracts;
• Advising on procedures and dossiers for registration of industrial property rights transfer contracts;
• Advising and representing clients in resolving disputes related to industrial property rights transfer contracts.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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