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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.
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.
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:
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.
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:
If the application has errors:
CSPL: Article 59 of Decree 65/2023/ND-CP.
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.
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:
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.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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