Clubs · Dec 8, 2024 · 2 min read
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Clubs · Dec 8, 2024 · 2 min read
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Amending a Certificate of Protection (CPA) is an important process to update or amend information related to intellectual property rights. This amendment may include changing the owner's name, address, or other technical details. This article will provide detailed information on the regulations, processes, and procedures required to amend a CPA, helping to protect intellectual property rights effectively and legally.
Modify the copyright when there is a change in information about the name/address of the copyright owner; change in information about the author's name and nationality; change in copyright owner (transfer of ownership due to inheritance, succession, merger, division, consolidation, etc.).
Request for recording changes in SHCN representative organization.
Request for narrowing the scope of protection: reducing one or more independent or dependent points within the scope of the protection request.
- Documents requesting amendment of VBBH include:
+ Application form for amendment of VBBH (according to form No. 06 in Appendix II of Decree 65/2023/ND-CP) (Attached form);
+ Original VBBH;
+ Documents confirming the change of name and address (original or copy certified by a notary or competent authority); decision to change name and address; business registration certificate recording the change of name and address; other legal documents proving the change of name and address (certified by a notary or competent authority);
+ Documents proving inheritance, succession, merger, division, separation, consolidation, joint venture, association, establishment of a new legal entity of the same owner, conversion of business form or by decision of the Court or other competent authorities);
+ Document explaining in detail the revised content;
+ 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: 02 months from the date of application
If the scope of protection is narrowed, a re-examination must be conducted. Re-examination period: for inventions, no more than 12 months.
In complicated cases, the appraisal period must be extended, but not beyond the first appraisal period.
- Implementation result: Issue a Decision on registration of the contract for transfer of intellectual property rights and publish it in the Intellectual Property Gazette or a Decision on refusal to register the contract for transfer of intellectual property rights. Update the transfer content to the original copy of the VBBH if the contract is registered and return the certificate to the Applicant.
- Fees:
+ Fee for appraisal of request for amendment of insurance documents: 160,000 VND/insurance document
+ Fee for publishing Decision to amend VBBH: 120,000 VND/application
+ Publication fee from the 2nd photo onwards (if any): 60,000 VND/photo
+ Registration fee for Decision to amend VBBH: 120,000 VND/VBBH
+ Re-examination fee (if request to narrow the scope of protection): equivalent to the first examination fee: VND 720,000/point.
[Article 97, Article 119 of the Law on Intellectual Property; Article 29.1 of Decree 65/2023/ND-CP]
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