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All the assignment or license contracts must be made in
writing. The validity of a license contract for use of a patented industrial
design shall be terminated ex-officio upon the termination of the
licensor’s right.
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Vietnam follows the first-to-file system.
Vietnam design law determines priority based on the date of the first application and shall confer
the rights on the party who is the first to file a design application. That is
to say, where two or more parties apply for a patent for the same industrial
design, the first party to file will be granted the patent
regardless of the date of actual creation. Therefore it is advisable to file a patent application for the design
as soon as possible after the design is created.
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Request
for renewal of trademark registration should be filed with the National Office
of Intellectual Property of Vietnam (“NOIP”) within a period of six months prior
to the expiration of the registration.
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In order to file a
design application, the applicant is require to furnish with a Power of Attorney
authorizing PADEMARK to file the design application with the National Office of
Intellectual Property of Vietnam (“NOIP”) and prosecute on behalf of the
applicant.
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A signed Power of
Attorney from the Applicant to authorize
PADEMARK
to file the
trademark application in Vietnam. Though not required at filing, this originally signed
document must be submitted to the NOIP within one (01) month from the date of
the NOIP’s Notice.
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