Regulations on transfer of industrial property rights (IP)

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 01 Appendix IV Decree 65/2023/ND-CP) (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;

+ In case of transfer of collective trademarks and certification trademarks:

Regulations on the use of collective trademarks and regulations on the use of certification trademarks of the Assignee as prescribed in Article 105 of the Law on Intellectual Property;

Documents proving the right to file an application of the Assignee for a certification trademark or collective trademark as prescribed in Clause 3, Article 87 of the Law on Intellectual Property;

+ 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 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 transfer contract registration dossier: VND 230,000/VBBH

+ Fee for searching associated trademarks for the purpose of assessing transfer contract registration dossiers: VND 180,000/license

+ 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

+ Fee for examining the right to file an application and regulations for using the trademark (in case of transferring a collective trademark or certification trademark): VND 550,000/application

+ Fee for granting a Certificate of Trademark Registration (in case of transferring part of the list of goods/services bearing the trademark): VND 120,000/VBBH

[Article 138, Article 148, Article 149 of the Law on Intellectual Property; Article 58.1, Article 59.4 of Decree 65/2023/ND-CP]