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Do technology transfer contracts and intellectual property transfer rights need to be registered with the state agency for science and technology?

Registering technology transfer contracts and intellectual property rights with the state agency for science and technology is an important step to ensure legality and protect the rights of the parties involved. This article provides detailed information on the registration process and requirements, helping you better understand the importance of this and how to comply with legal regulations.

Do technology transfer contracts and intellectual property transfer rights need to be registered with the state agency for science and technology?

Do technology transfer contracts and intellectual property transfer rights need to be registered with the state agency for science and technology? According to Clause 1, Article 31 of the Law on Technology Transfer 2017, it is stipulated that:

“1. Technology transfer contracts and the technology transfer part specified in Clause 2, Article 5 of this Law falling into one of the following cases must be registered with the state management agency of science and technology, except for restricted transfer technologies that have been granted a Technology Transfer License:

a) Technology transfer from foreign countries to Vietnam;

b) Technology transfer from Vietnam to foreign countries;

c) Domestic technology transfer using state capital or state budget, except for cases where a Certificate of registration of results of scientific and technological tasks has been granted.

2. The State encourages organizations and individuals to register technology transfer contracts that are not subject to registration as prescribed in Clause 1 of this Article.”

Pursuant to Clause 2, Article 5 of the Law on Technology Transfer 2017, it is stipulated that:

“2. Technology transfer in the following cases:

a) Investment project;

b) Contribute capital by technology;

c) Franchising;

d) Transfer of intellectual property rights;

d) Purchase and sale of machinery and equipment specified in Point d, Clause 1, Article 4 of this Law".

Accordingly, technology transfer contracts and intellectual property transfer contracts in the following cases must be registered with the state management agency of science and technology:

+ Technology transfer from abroad to Vietnam;

+ Technology transfer from Vietnam to foreign countries;

+ Domestic technology transfer using state capital or state budget, except for cases where a Certificate of registration of results of scientific and technological tasks has been granted.