Inheritance of Industrial Property Protection Certificate

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.

Legal basis

• Civil Code 2015;
• Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, 2022;
• Decree 65/2023/ND-CP detailing a number of articles and measures to implement the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties, and management of State regulations on intellectual property.

General overview of inheritance of Industrial Property Protection Certificate

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.

Dossier for amending industrial property rights protection certificate

• Declaration for amending the title of protection of industrial property objects according to Form 06, Appendix II, Decree 65/2023 /ND-CP ;
• Original or valid copy Minutes of declaration of inheritance ;
• Original certificate of protection;
• Written consent of the co-owners, written explanation of the reason for any co-owners disagreement on the transfer of industrial property rights are jointly owned;
• Proof of payment of fees and charges;
• Power of attorney (if documents are submitted through Viet An Law Firm).

Procedures for amending industrial property rights protection certificates

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.

• In case the application to amend the protection title is valid: the National Office of Intellectual Property will issue a decision to amend the protection title, register, and publish the decision to amend the protection title in the Public Property Official Gazette.
• In case the dossier requesting amendment of the protection title is incomplete or invalid: the National Office of Intellectual Property will issue a notice of intention to refuse to accept the amendment, clearly stating the reason and setting a timeline of 02 months from the date of notification for customers to correct errors or express objections.

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.

Services of Viet An Law on procedures for amending intellectual property protection certificates

• Legal advice on procedures for amending protection certificates;
• Drafting documents to amend protection certificates;
• Submit documents and monitor progress at the National Office of Intellectual Property;
• Exchange and provide information to customers during the process of completing procedures to amend protection certificates.

Any difficulties and problems related to procedures for amending intellectual property protection certificates, please contact Viet An Law Firm for the best support!