Procedures for registering contracts for transfer of rights to use industrial property objects

Article overview

Register a contract to transfer rights to use industrial property objects This is a procedure that not only ensures legality, but also helps parties protect their rights comprehensively. This process plays an important role in recording and protecting transactions related to inventions, trademarks or industrial designs, bringing transparency and safety to the parties when signing transfer contracts. In the article below, Long Phan will provide detailed instructions, helping customers easily and effectively perform this procedure.

Contract for transfer of rights to use industrial property objects
Contract for transfer of rights to use industrial property objects

General regulations on the transfer of rights to use industrial property objects

Transferring the right to use industrial property objects is an important legal act in the field of intellectual property. Article 141 of the Law on  Intellectual Property 2005, amended and supplemented in 2022, clearly stipulates this issue. Accordingly, the owner of an industrial property object has the right to allow other organizations and individuals to use the object within the scope of his or her use rights. This transfer of rights must be done through a written contract, called a contract for the use of industrial property objects.

License transfer contracts can apply to many types of industrial property objects such as inventions, industrial designs, and trademarks. This is the legal basis for technology transfer transactions, patent licensing or commercial franchising. Registering a contract at the National Office of Intellectual Property helps recognize legal validity and protect the rights of related parties.

Procedures for registering contracts for transfer of rights to use industrial property objects

Prepared documents

To register a contract to transfer the right to use an industrial property object, the parties need to prepare complete documents as prescribed in Clause 2, Article 58 of Decree 65/2023/ND-CP. The dossier includes the following main documents:

  • Declaration for registration of contract for the transfer of rights to use industrial property objects (Form No. 02, Appendix IV, Decree 65/2023/ND-CP);
  • 02 contracts (original or certified copy);
  • Translation of the contract into Vietnamese (if the contract is in another language);
  • Written consent of co-owners (if any);
  • Authorization document (if applying through a representative);
  • Copy of fee payment voucher.

Full and accurate preparation of the above documents will help the registration process go smoothly. Pay special attention to the form and content of the contract – a confirmation signature or seal is required on each page if the contract has many pages. Vietnamese translation is also a mandatory requirement for contracts in foreign languages.

Transfer of rights to use industrial property objects
Transfer of rights to use industrial property objects

Implementation procedures

The process of registering a contract to transfer the rights to use an industrial property object includes the following main steps:

Step 1: Receiving dossiers The Intellectual Property Office receives registration dossiers at its headquarters in Hanoi or representative offices in the city. Ho Chi Minh and Da Nang. Applicants can choose to submit in person or by mail.

Step 2: Processing documents The National Office of Intellectual Property will conduct an appraisal of the documents. Processing results can be in two directions:

If the profile is valid:

  • The management agency issues a decision to record the transfer of industrial property rights (for transfer contracts) or issue a Certificate of registration of use rights transfer contract (for use right transfer contracts);
  • Transfer of ownership: Recorded in the new owner’s protection certificate. If a part of the list of goods or services bearing the trademark is transferred, the agency will issue a new trademark registration certificate to the receiving party and adjust the list in the original document;
  • Transfer of use rights: Issue a Certificate of contract registration for transfer of use rights, stamp 02 copies of the contract and return 01 copy to the submitter;
  • Record the transfer in the National Register of Industrial Property;
  • Announce the decision to record the transfer or issue the Certificate in the Industrial Property Official Gazette within 2 months from the date of the decision.

If the application has errors:

  • The agency issues a notice of intended refusal, clearly stating the shortcomings and requiring the submitter to make corrections within 2 months;
  • If the submitter does not make repairs or the repairs do not meet requirements, the agency will issue a decision to refuse contract registration.

CSPL: Article 59 of Decree 65/2023/ND-CP.

Resolution deadline

The processing time for a registration application for a contract to transfer the rights to use an industrial property object is 2 months from the date the National Office of Intellectual Property receives a valid application, excluding the time for corrections and additions, if any.

This deadline only applies to complete documents with no errors. In fact, the time may be longer if additional documents are needed. Preparing accurate documents from the beginning will help shorten processing time.

Resolution deadline
Resolution deadline

Consulting services and support for procedures for registering contracts for transfer of rights to use industrial property objects

Registering a contract to transfer rights to use industrial property objects is a process that requires professional knowledge and experience in the field of intellectual property. To ensure the registration process goes smoothly, many businesses and individuals choose to use professional consulting services. Long Phan provides many support services during the registration process, including:

  • Consulting on the process, conditions, and procedures for registering contracts for the transfer of rights to use industrial property objects;
  • Drafting and reviewing contracts for the transfer of use rights;
  • Prepare and submit registration documents;
  • Monitor the application processing process, and promptly update information to customers;
  • Representing customers in working with competent authorities;
  • Explain and supplement documents at the request of competent authorities;
  • Delivery and receipt of documents in Ho Chi Minh City;
  • Support customers in resolving disputes related to contracts to transfer rights to use industrial property objects;
  • Consulting on measures to protect rights in case of contract violation.

Registering a contract to transfer the rights to use industrial property objects is an important legal procedure, helping to ensure the rights of parties in intellectual property transactions. Complying with the process, preparing complete documents and submitting them on time will help the registration process go smoothly. If you need professional support, please contact us via hotline 0906735386 for detailed advice on this procedure.