Regulations on transfer of rights to use industrial property objects (IP)

Transfer of the right to use an IP object is when the owner allows another organization or individual to use the IP object within the scope of his/her right to use it. The transfer of the right to use an IP object must be carried out in the form of a written contract.

The contract for the use of intellectual property objects is valid according to the agreement between the parties, but is only legally valid for a third party when it has been registered at the Department of Intellectual Property. According to the CPTPP Agreement: "The contract for the transfer of the right to use intellectual property objects is valid according to the agreement between the parties and is legally valid for a third party regardless of registration at the Department of Intellectual Property".

- The application file for transferring the right to use the SHCN object includes:

+ Application form for registration of contract for transfer of rights to use industrial property objects (according to form 02 Appendix IV Decree 65/2023/ND-CP) (Attached form).

+ Contract for transfer of rights to use intellectual property objects (02 copies);

+ Written consent of co-owners on the transfer of the right to use the IP object, if the corresponding IP right is 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 granting Certificate of registration of contract for transfer of rights to use intellectual property objects: 120,000 VND/application

+ Fee for appraisal of application for registration of contract for transfer of right to use: 230,000 VND/VBBH

+ Fee for publishing the Decision on recording the transfer of usage rights: 120,000 VND/application

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

[Article 141, Article 148, Article 149 of the Law on Intellectual Property; Article 58.2, Article 59 of Decree 65/2023/ND-CP]