Regulations on transfer of industrial property rights

Assignment of intellectual property rights is the transfer of intellectual property rights by the owner to another organization or individual. The assignment of intellectual property rights must be carried out in the form of a written contract.

A contract for the transfer of intellectual property rights is only valid when it has been registered with the Department of Intellectual Property.

- Application for transfer of intellectual property rights includes:

+ Transfer request form (according to form No. 01 in Appendix IV of Decree 65) (Attached form);

+ Contract for transfer of intellectual property rights;

+ Original VBBH;

+ Written consent of co-owners on the transfer of intellectual property rights, if the corresponding intellectual property rights are jointly owned;

+ 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

- Implementation results: Issue a Decision on registration of the contract for transfer of the right to use the IP object, issue a Certificate of registration of the contract for transfer of the right to use the IP object and publish it in the IP Gazette or a Decision on refusal to register the contract for transfer of the right to use the IP object. Return the Certificate of registration of the contract for transfer of the right to use the IP object to the Applicant.

- Fees:

+ Fee for appraisal of transfer contract registration dossier: VND 230,000/VBBH

+ Fee for announcing the Decision on recording the transfer of intellectual property rights: 120,000 VND/application

+ Registration fee for Decision on recording transfer of intellectual property rights: VND 120,000/VBBH

[Article 138, Article 148 of the Law on Intellectual Property; Article 58.1, Article 59.4 of Decree 65/2023/ND-CP]