Consulting on drafting industrial property transfer contracts

Article overview

Industrial property transfer contracts are an important document to ensure the legality and validity of the transaction, protecting the interests of the participating parties. Industrial property transfer contracts need to strictly comply with the provisions of law. This article by Long Phan will provide customers with the necessary information about industrial property transfer contracts and our professional consulting services.

Drafting industrial property transfer contracts
Drafting industrial property transfer contracts

Industrial property rights and the importance of contracts to transfer this type of rights

Industrial property rights are the rights of organizations and individuals to inventions, industrial designs, semiconductor integrated circuit layout designs, trademarks, trade names, geographical indications, and business secrets. Transfer of industrial property rights is the transfer of industrial property rights by the owner to another organization or individual through a contract.

Clause 1, Article 138 of the Law on Intellectual Property 2005 stipulates that industrial property rights transfer is the transfer of industrial property rights by the owner of industrial property rights to another organization or individual.

Industrial property rights transfer contracts play an important role in:

  • Establishing ownership: The contract is legal evidence confirming the transfer of industrial property rights from the transferor to the transferee.
  • Protecting rights: The contract clearly stipulates the rights and obligations of the parties, helping to prevent and resolve disputes that may arise.
  • Promote business activities: The contract creates favorable conditions for the exploitation and use of industrial property rights in production and business activities.
  • Compliance with the law: The contract is drafted in accordance with the law, ensuring the legality of the transfer transaction.

Basic content of industrial property rights transfer contract

An industrial property rights transfer contract needs to include the following basic contents:

  • Information about the parties: Full name, address, nationality (for individuals) or name, head office, country of establishment (for organizations) of the transferor and transferee.
  • Subject of transfer: Clearly and accurately describe the industrial property rights being transferred (inventions, industrial designs, trademarks…).
  • Scope of transfer: Clearly determine the scope of transfer whether it is all or part of industrial property rights.
  • Basis for transfer: Clearly state the legal basis for the transfer, for example, industrial property rights protection certificate.
  • Transfer price: Clearly state the transfer value and payment method.
  • Time limit and location of transfer: Determine the time limit and location for transferring industrial property rights.
  • Rights and obligations of the parties: Detailed regulations on the rights and obligations of the transferor and transferee.
  • Liability for breach of contract: Clearly states the responsibilities of the parties in case of breach of contract.
  • Dispute resolution method: Agreement on dispute resolution method (negotiation, conciliation, arbitration, lawsuit…).
  • General terms: Terms of validity, amendments and supplements to the contract, language used…
Content of transfer contract
Content of transfer contract

Important notes when drafting industrial property transfer contracts

To ensure the legality and effectiveness of industrial property transfer contracts, customers need to note the following points:

  • Clearly identify the transfer object: It is necessary to accurately and fully describe the transfer object to avoid confusion and errors.
  • It is necessary to carefully check the legal capacity and legitimacy of the transferor and transferee.
  • Clear agreement on transfer price, ensuring reasonableness and conformity with market value.
  • The rights and obligations of the parties need to be specified clearly and in detail, avoiding ambiguity and causing disputes later.
  • Pay attention to the transfer restriction conditions prescribed by law as prescribed in Article 139 of the Law on Intellectual Property 2005.
  • For cases where contract registration is required according to regulations, registration procedures must be carried out at the National Office of Intellectual Property.

Drafting industrial property transfer contracts requires in-depth legal knowledge and practical experience. Customers should prioritize using consulting services from intellectual property experts to ensure their rights.

>>> See more: Detailed industrial property transfer contract sample.

Consulting on drafting transfer contracts
Consulting on drafting transfer contracts

Consulting services for drafting industrial property transfer contracts in Long Phan

Long Phan provides professional and reputable industrial property transfer contract drafting consulting services, helping customers complete the contract in accordance with the law and protect maximum rights.

Service scope

  • In-depth consulting on industrial property rights transfer.
  • Drafting and reviewing industrial property transfer contracts.
  • Representing and negotiating with partners.
  • Support in carrying out notarization procedures and contract authentication.
  • Contract registration representative at the Intellectual Property Department.
  • Consulting on resolving disputes related to contracts.

Benefits when using our services

  • Save time and costs.
  • Accurate and legal contract.
  • Contracts are clear and detailed, helping to prevent disputes from arising.
  • Committed to protecting the legal rights of our customers to the maximum.

An industrial property rights transfer contract is an important document, protecting the interests of the parties in the transfer transaction. For advice and support in drafting professional and effective industrial property transfer contracts, please contact Long Phan via the hotline 0906735386.