Procedures for transferring layout design registration applications

The transfer of a layout design registration application helps businesses take advantage of the value of intellectual property. This procedure allows the ownership of the registration application to be transferred from the transferor to the transferee. Proper implementation of the process ensures the validity of the transfer transaction. Long Phan’s article will provide detailed information on the steps to transfer the layout design registration application according to current regulations.

Conditions for transferring layout design registration applications

According to Clause 1, Article 18 of Decree 65/2023/ND-CP, to transfer a layout design registration application, the prescribed requirements must be met:

• This needs to be done before the state management agency on industrial property rights makes a decision (including: refusing to accept the application, granting or refusing to grant a protection title).
• The transfer of the application needs to be clearly recorded and must contain the main contents including the names and addresses of the transferor and the transferee; the number of the transferred application or information sufficient to identify that application;

Procedures for transferring layout design registration applications

Documents to be submitted

Documents requesting recording changes due to the transfer of layout design registration applications need to be fully prepared. Documents in the dossier must meet the content and form requirements according to the law. Submitting complete and accurate documents helps the processing process take place quickly.

Pursuant to Clause 2, Article 18 of Decree 65/2023/ND-CP, the dossier requesting recording changes due to transfer of application includes the following documents:

• Request to record the transfer of application according to Form No. 05 in Appendix II of Decree 65/2023/ND-CP;
• The industrial property registration application transfer document (original or certified copy) must have the main contents including the names and addresses of the transferor and the transferee; the transferred application number or information sufficient to identify that application;
• Copy of documents for payment of fees and charges according to regulations (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights);
• Power of attorney (if applying through a representative).

Implementation steps

The process of transferring a layout design application includes the main steps: submitting the application, processing the application and making a decision. Following the correct sequence of steps helps the transfer process go smoothly, ensuring the legality of the transaction.

Step 1: Submit application

Organizations and individuals submit 01 sets of documents requesting amendments and supplements to industrial property registration applications in person or online. Specifically:

• Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.
• Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.

Step 2: Processing the application

After receiving it, the National Office of Intellectual Property will review and appraise the dossier requesting a recording of changes. Application processing can take place in two cases:

Case 1. If the application has no errors and fully meets the prescribed requirements, the National Office of Intellectual Property will issue a notice to record the transfer of the application. If the application has been previously validly accepted, this notice will be published in the Industrial Property Official Gazette.

Case 2: If the application has errors or is invalid:

• The National Office of Intellectual Property will issue a notice of intention to refuse to record the application transfer. This notice will clearly state the reason for the refusal, giving the requester an opportunity to correct errors or objects.
• If the requester cannot correct the shortcomings or does not have a valid objection, the Intellectual Property Office will issue an official refusal notice.

Transfer fees and charges

Pursuant to Circular 263/2016/TT-BTC of the Ministry of Finance, fees related to the transfer of layout design registration applications include:

• First, the application transfer announcement fee is 120,000 VND.
• Second, the appraisal fee for the application transfer request is 160,000 VND.
• Fee for amending and supplementing applications: 160,000 VND.
• Fee for announcing amendments and supplements to applications: 120,000 VND.

Customers need to pay attention to fully paying these fees when carrying out the procedure for transferring the layout design application. Fee payment can be made directly at the application receiving agency or transferred to the Intellectual Property Office’s account according to instructions.

Consulting services and support for transferring professional layout design registration applications

Consulting services will assist customers in carrying out procedures for transferring layout design applications quickly and effectively. With a team of experienced and knowledgeable experts in the field of intellectual property, Long Phan is ready to support you throughout the application transfer process quickly.

Services at Long Phan include:

• Consulting on conditions for transferring layout design applications
• Draft, review and complete the contract for the transfer of layout design application
• Prepare documents requesting transfer of layout design registration application
• Draft necessary documents according to regulations
• Instructions on the order and procedures for transferring layout design registration applications
• Representative to carry out procedures for transfer of layout design registration application
• Explanation and additional documents as requested by competent authorities.
• Consulting on other related arising issues.

Transferring a layout design application will help optimize the value of your intellectual property. Long Phan wishes you a successful and effective procedure. If you have any questions or need detailed support, please contact Long Phan via hotline 0906735386 to begin your journey of protecting and developing your intellectual property.