Applications or protection titles of subject matter of intellectual property rights (IPRs) may be considered for amendment include: trademarks, industrial design, invention/utility solution, geographical indications, copyright and other subjects of IPRs.

Note: Amendments may be made at the stage of appraisal or the title has been issued, however, amendments cannot extend the scope of  protection of the original application/title.

Amendment procedure: Clients only need to provide us with the form of Letter of authorization, copies of applications/ protection titles of subjects of intellectual property rights, we will represent clients to proceed with amendment procedures at NOIP in the fastest time.

>> Attorney consultant on the register for trademark intellectual property rights. Call:  0986.386.648

IPRs Transfer:

We represent clients in the implementation of works related to the transfer of IPRs, including:

- Consultation on the transfer of IPRs;

- Representing negotiation contents of the transfer and drafting the Transfer Contract;

- Drafting the transfer documents;

- Submit the transfer application at the National Office of Intellectual Property.

More information:

1. Who is entitled to transfer IPRs?

2. Why need to transfer IPRs?

3. Subjects of transfer IPRs

4. What is transfer right?

5. Transfer Rights Contract

6. Registration of the Transfer Contract

7. Franchising

 

1. Who is entitled to transfer IPRs?

Organizations and individuals have the right to transfer IPRs to other entities, which may fall into the following cases:

- The author of the subject of IPRs

- The IPR holder

- The holder of some exclusive rights the subject of IPRs

- The holder of a part or all of the right to use the IPRs

The transfer of IPRs can be made through contracts, wills, inheritance or in accordance with the law (in case of compulsory transfer)

2. Why need to transfer IPRs?

- Nature of IPRs is property rights and can be considered as a special property, which must be transferred to entities that have the need to use and exploit to promote the strengths of this type of property.

- IPRs are particularly important for the economy to move into a knowledge economy;

- It's one of the most appropriate and fastest ways to reach your goals from an economic perspective and in many cases is the only way to get access to technology and the market.

3. Subjects of transfer IPRs

Rights that can be transferred include:

- Rights to trademarks;

- Rights to industrial design;

- Rights to invention/utility solution;

- Copyright and related rights;

- Rights to designs of semi-conducting closed circuits;

- Rights to trade secrets;

- Rights to plant varieties;

Most IPRs can be transferred, except for the rights to a geographical indication and the rights to use a trade name (except for the same business establishments).

4. What is transfer right?

Transfer rights is the circumstance when the right holder of IPRs transfer all or part of this right to another.

Forms of transfer IPRs include:

IPR Transfer: is the transfer of ownership of an IPR to the recipient's possession;

- Transfer the right to use the IPRs (IP license): is the transfer of part or all of the right to use the IP subject to the recipient. There are two types of transfer the right to use the IPRs: (i) Exclusive license: the licensor is not permitted to transfer IPRs to a third party, and (ii) Non-exclusive license: the licensor is permitted to transfer IPRs to a third party. In addition, depending on the agreement of the parties, the licensee may be permitted to transfer to a third party (secondary transfer).

5. Transfer Rights Contract

There are two types of contracts for transfer of IPRs:

- The contract for assignment of IPRs: is a contract whereby the owner of the IPRs transfers all his rights to the recipient. 

A licensing contract is a contract whereby the owner of an IPR authorizes another entity to use the IP objects within its scope of use for the recipient.

The contract for transfer of IP object must be documented and registered at the NOIP to be legally valid to the third party (except for the transfer of copyright and related rights).

6. Registration of the Transfer Contract

- For contracts for the transfer of ownership of objects such as trademarks, industrial design, invention/utility solutiongeographical indications, they must be registered with the NOIP to have legal force.

- For licensing contract of the above-mentioned objects, they shall take effect as agreed upon by the parties but shall only be legally valid to the third parties when they have been registered with the NOIP.

Documents should include:

- The form of registration of transfer contract;

- Letter of authorization (download form);

- The original or valid copy of the transfer contract;

- The original of the protection title (for the objects of IP);

- Agreement documents of the co-owners (in the case of common ownership);

- Payment receipt.

7. Franchising

Franchise is a commercial activity whereby the franchisor permits and requests the franchisees to carry out the trade of goods under the following conditions:

- The trade of goods and services shall be conducted in the manner of business organization prescribed by the franchisor and attached to the trademark, trade name, trade secret, business slogan, business logo, advertising of the franchisor;

- The franchisor has the right to control and assist the franchisee in managing the business.

 

Translated from: Dịch vụ tư vấn sửa đổi đơn/văn bằng bảo hộ nhãn hiệu hàng hóa, kiểu sáng công nghiệp và sáng chế

Contact to use the service for registration of protection of intellectual property rights in Vietnam:

Please contact us directly:

MINH KHUE LAW FIRM Co., Ltd.

Phone inquiries for attorney services on Intellectual Property, call: 0986.386.648

Send an email consultancy or service request by Email: ienhe@luatminhkhue.vn

Look forward to cooperation with clients!

Best regards./.

Intellectual Property Department - Minh Khue Law Firm