Register industrial property rights transfer contract

To register industrial property rights transfer contract is a mandatory legal procedure when carrying out transactions transferring ownership rights to protected industrial property objects. This procedure helps officially record the change of owner, ensuring the legitimate rights and interests of related parties. The article below will provide detailed information about the process and procedures for registering industrial property transfer contracts in Vietnam.

Why must we register industrial property rights transfer contract?

To register industrial property rights transfer contract is a mandatory legal procedure according to Vietnamese law when transferring industrial property rights. This procedure plays an important role in protecting the interests of the parties participating in the transfer transaction.

The industrial owner is granted by law the exclusive right to use the industrial property object during the term of protection. This period corresponds to the validity period of the Protection Certificate throughout the territory of Vietnam. Other organizations and individuals who want to use protected industrial property must receive permission from the owner.

The transfer of usage rights is usually done through signing a usage rights transfer contract. This is an effective method of exploiting industrial property rights. The owner can collect fees for transferring use rights or other material benefits without directly using the industrial property object.

This form of transfer of use rights is especially suitable for industrial owners who do not do business or do not have business capacity. In addition, the transfer of usage rights also contributes to the dissemination of technology in society. This helps improve the efficiency of research and development investment, limit monopoly and promote new technology innovation.

It can be seen that transferring use rights brings benefits to both the industrial owner, the licensee and the whole society. Therefore, registering an industrial property transfer contract is an important step to record and protect the interests of the parties involved in this transaction.

Where to register industrial property rights transfer contract?

According to the provisions of STT 17 Section A Part I Decision No. 2060/QD-BKHCN dated September 13, 2023 of the Minister of Science and Technology, procedures for registering industrial property transfer contracts are carried out. at the Department of Intellectual Property. Specifically, customers can submit applications at one of the following locations:

The headquarters of the National Office of Intellectual Property in Hanoi is the place to receive applications for registration of industrial property transfer contracts. Specific address: 386 Nguyen Trai, Thanh Xuan district, Hanoi city.

In addition, the National Office of Intellectual Property also has 2 representative offices in:

• Ho Chi Minh and Da Nang receive applications. Representative office in City. Ho Chi Minh City is located at: 7th Floor, Ha Phan Building, 17-19 Ton That Tung, Pham Ngu Lao Ward, District 1. Representative office
• Da Nang address: 3rd Floor, City Administration Center Building, 24 Tran Phu, Hai Chau District.

Customers can choose to submit their application at the most convenient location. All three locations above have the authority to receive and process applications for registration of industrial property transfer contracts.

Procedure for registering industrial property transfer contracts

Profile components

Pursuant to Clause 1, Article 58 of Decree 65/2023/ND-CP, the industrial property rights transfer contract registration dossier includes 01 set of documents with the following components:

• Declaration for registration of industrial property transfer contract, follow Form No. 01 in Appendix IV of this Decree. Customers need to completely and accurately fill in the information according to the prescribed form.
• 01 copy of industrial property rights transfer contract. This can be an original or a certified copy according to regulations. If the contract is made in a language other than Vietnamese, it must be accompanied by a translation of the contract into Vietnamese. Note that if the contract has many pages, each page must have the parties’ signatures or seals.
• Original certificate of protection in case the certificate of protection is issued in paper form. Customers need to submit the original for verification by the competent authority.
• Written agreement of the co-owners on the transfer of industrial property rights, if the corresponding industrial property rights are jointly owned. This ensures consensus among all stakeholders.
• Authorization document in case the request is submitted through a representative. This document must be prepared in accordance with the law.
• Copy of fee payment voucher. Applicable 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.
• For dossiers to register collective mark transfer contracts or certification marks, in addition to the documents mentioned above, the following documents are required:
• Regulations on the use of collective marks and regulations on the use of certification marks of the Transferee according to the provisions of Article 105 of the Law on Intellectual Property 2005 amended by Clause 34, Article 1 of the revised Intellectual Property Law 2022 .
• Documents proving the transferee’s right to file an application for a certification mark or collective mark according to the provisions of Clauses 3 and 4, Article 87 of the Law on Intellectual Property 2005 amended by Clause 13, Article 1 of the Law on Intellectual Property intellectual property revised 2009.

In this case, the state management agency on industrial property rights will re-evaluate the right to file applications and regulations on trademark use. Customers must pay application appraisal fees in addition to fees and charges for industrial property transfer contract registration documents according to regulations.

Implementation steps

Pursuant to Article 59 of Decree 65/2023/ND-CP and instructions on the National Public Service Portal, the process of registering industrial property transfer contracts includes the following steps:

Step 1: Customers can submit documents directly or send them by post to the headquarters of the Intellectual Property Office or representative offices.

Step 2: After receiving, the National Office of Intellectual Property will conduct an appraisal of the dossier. Processing results can fall into one of the following two cases:

1. In case the registration dossier has no errors:

• The National Office of Intellectual Property issues a decision to record the transfer of industrial property rights.
• Recorded in the new owner’s Certificate of Protection. In case of transferring a part of the list of goods and services bearing a protected trademark, the Department will issue a new Trademark Registration Certificate to the receiving party and determine the limit of the list of goods/services in the Certificate. Original protection for that transfer.

1. In case the registration dossier has errors:

• The National Office of Intellectual Property issues a notice of intention to refuse to register the contract, clearly stating the shortcomings of the dossier so that the applicant can correct the shortcomings or give feedback on the intention to refuse to register the contract. ;
• Issuing a decision to refuse to record the transfer if the applicant does not make corrections or the correction of errors is unsatisfactory, there is no objection or an unreasonable objection regarding the intention to refuse to register the contract. within the prescribed time limit.

Consulting services for registering industrial property transfer contracts

To register industrial property rights transfer contract is an administrative process that requires in-depth understanding of the law. To ensure the transfer process goes smoothly and effectively, customers can consider using professional consulting services. Long Phan can assist customers in carrying out necessary procedures through the following services:

• Consulting, analyzing and explaining issues related to the process of registering industrial property transfer contracts.
• Support in drafting and reviewing industrial property transfer contracts. Ensure the contract meets legal requirements and protects the rights of both parties.
• Prepare complete registration documents according to regulations. Including declaration, contract, protection certificate and accompanying documents.
• Representative submits documents and monitors processing progress at the National Office of Intellectual Property. Timely supplement and amend documents as requested by competent authorities.
• Consulting to resolve problems that arise during the registration process. Propose a handling plan in accordance with legal regulations.

To register industrial property rights transfer contract is an important legal procedure, requiring precision and in-depth legal knowledge. Long Phan is committed to supporting customers in carrying out this procedure effectively, protecting your interests to the maximum. For detailed advice, please contact the hotline 0906735386. We are always ready to serve you.