Regulations on amendment and extension of industrial property contracts | iGuide

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Regulations on amending the content/extension/termination of the validity of contracts for transferring the right to use industrial property objects

Modifying, extending or terminating the validity of an industrial property (IP) license contract are important activities in intellectual property management. The implementation of these changes must comply with legal regulations to ensure the rights of the parties involved. This article will provide detailed information on the process and procedures required to modify, extend or terminate an IP contract, helping the parties to conduct transactions legally and effectively.

Amend the content of the contract for transferring the right to use the IP object when there is a change in the name or address of the parties in the contract or a change in the content of the terms stated in the contract.

Extend the validity of a contract for the transfer of the right to use an IP object in case the parties agree to continue performing the contract after the contract expires or need to extend the validity of each transferred object in the contract.

Terminate the contract for transferring the right to use an intellectual property object when one of the parties requests to terminate the contract before the deadline.

Any amendment to the content/extension/termination of the validity of a contract transferring the right to use a registered IP object must be recorded at the Department of Intellectual Property.

- The request file for recording the amendment of content/extension/termination of the validity of the contract for transferring the right to use an intellectual property object includes:

+ Declaration form requesting to record amendments to content/extension/termination of validity of contract for transfer of rights to use IP objects (according to form No. 03 in Appendix IV of Decree 65) (Attached form);

+ Original Certificate of registration of contract for transfer of right to use (in case of content modification or contract validity extension);

+ Documents proving changes in names and addresses of the parties in the contract;

+ Agreement, document recording specific terms that need to be amended, supplemented, extended or terminated;;

+ Power of attorney (in case of submitting request through representative);

+ Copy of documents for payment of fees and charges as prescribed;

+ Other documents (if necessary).

- Review period: 01 month from the date of application

- Implementation result: Issue a Decision to record the amendment of content/extension/termination of validity of the contract for transferring the right to use the IP object and publish it in the IP Gazette or a Decision to refuse to record the amendment of content/extension/termination of validity of the contract for transferring the right to use the IP object. Update the amended content, extend the validity of the contract to the Certificate of registration of the contract for transferring the right to use the IP object and return it to the applicant.

- Fees:

+ Fee for appraisal of request for recording of content amendment/extension/termination of validity of contract for transfer of right to use IP object: 160,000 VND/VBBH

+ Fee for publishing the Decision to amend the content/extend/terminate the validity of the contract to transfer the right to use the IP object: 120,000 VND/application

+ Registration fee for Decision to amend content/extend/terminate the validity of the contract transferring the right to use the IP object: 120,000 VND/VBBH

[Article 61 of Decree 65/2023/ND-CP]