Industrial property rights are one of the property rights specified in the Civil Code. However, industrial property is a special type of property, and inheritance from the former owner is very complicated. Below, Viet An Law Firm would like to provide information about the inheritance of Industrial Property Protection Certificates in Vietnam.
Inheritance of property that is industrial property rights means that one or several heirs inherit the rights left by the old owner and become the new owners of the objects of industrial property rights, including trademarks, patents, industrial designs, semiconductor integrated circuit layout designs, trade names, geographical indications, trade secrets.
Inheritance of intellectual property rights in general or industrial property rights in particular is the inheritance of a number of property rights and moral rights related to the author who is the owner of intellectual property rights and has a legacy to inherit.
Moral rights in principle always belong to the author – the creator of the product and cannot be transferred to others. However, publishing a work or allowing others to publish a work as stipulated in Clause 3, Article 19 of the Intellectual Property Law is the only moral right that is allowed to be transferred to others and to their heirs.
The owner of the intellectual property protection certificate shall prepare 01 set of documents including the documents as prescribed above.
Within 02 months from the date of receipt of the application, the National Office of Intellectual Property will consider the request to amend the protection certificate for the customer.
At the end of the above time limit, if the customer does not correct the errors or the errors are unsatisfactory, has no objections, or has objections that are not valid, the National Office of Intellectual Property will issue an order. Decide to refuse the request to amend the protection certificate.
Any difficulties and problems related to procedures for amending intellectual property protection certificates, please contact Viet An Law Firm for the best support!
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