Industrial design protection title transfer in Vietnam

An industrial design protection title transfer (Industrial Design Registration Certificate) means the transfer of ownership of an industrial design by the industrial design owner to another organization or individual. The industrial design property transfer depends on the will of the parties.

The requester may transfer the following industrial design registration property rights to other organizations or individuals, specifically:

• Industrial design ownership rights transfer;
• Right to use industrial design transfer (industrial design trademark license contract)

The assignment of industrial design property rights, as well as the right to use this industrial design, must be done in the form of a written contract

Agencies have competent to receive industrial design protection title transfer dossier

         The requester shall submit the dossier for registration of industrial design transfer directly or by post at the Intellectual Property Office in Hanoi or 2 representative offices of the Office in Ho Chi Minh City and Da Nang.

Dossier for industrial design registration transfer contract

• A declaration of an industrial property registration right transfer contract (form 01-HDCN specified in Appendix D attached with the Circular 16/2016/TT-BKHCN) or 02 declarations of registration of a license transfer of industrial property objects using contract (form 02-HDSD specified in Appendix D attached with the Circular 16/2016/TT-BKHCN);
• 02 contracts on industrial design assignment or 02 contracts on licensing of industrial design rights (the original or a copy attached with the original for comparison, unless the copy has been authorized as prescribed);
• If the contract is written in a language that is not Vietnamese, it must be accompanied by a Vietnamese translation of the contract; if the contract has many pages, each page must have signatures of the parties or be affixed with stamps;
• The original of the protection title (for industrial design assignment contracts);
• The written consent for the co-owners to transfer the industrial design or the written consent for the co-owners to transfer the right to use the industrial design (if the respective industrial property rights are jointly owned);
• A power of attorney to carry out procedures for an individual or a letter of authorization to carry out procedures for an organization (if the application is submitted through a representative such as Viet An Law Firm);
• Copy of fees charges payment receipts (in case of fees payment via postal service or directly pay into the account of the Intellectual Property Office).

The time limit for handling dossier for industrial design protection title transfer contract

02 months from the date of receipt.

In case the submitted dossier contains mistakes, the Intellectual Property Office will issue a notice to refuse to register the contract, clearly stating the mistakes of the dossier, state a time limit of 02 months from the date of signing notice for the requester to correct these or make objections about the intended refusal to register the contract.

If the requester does not correct the mistakes or the correction does not meet the requirements, the requester has no objections or these objections are unwarranted about the intention to refuse contract registration within the above set time limit, the Intellectual Property Office will decide to refuse to register the contract.

Notice:

• For an industrial design right assignment contract, the requester is the industrial design owner – may only assign his/her rights within the protected scope;
• For industrial design licensing contracts, the licensee may not enter into a second contract with a third party, unless otherwise permitted by the licensor.

Consulting services for transferring industrial design protection title applications of Viet An Law Firm

• Step 1: The parties agree and make an industrial design protection title contract. Viet An Law supports in drafting industrial design protection title transfer contracts for customers.
• Step 2: Register the industrial design protection title transfer contract at the Intellectual Property office.
• Step 3: Receive and handle the application for registration of an industrial design protection title transfer contract and complete it and send it to the customer.