PADEMARK - Patent Attorneys/Trademark Attorneys in Vietnam

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.

The assignment contract of design right shall become effective only upon registration with the State administrative authority of industrial property. On the other hand, the license contract for use of a protected industrial design upon agreement between signatory parties shall effect such parties, but shall not effect a third party until it is registered with the State administrative authority of industrial property. 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.

All the assignment or license contracts must be made in writing and contain certain statutory provisions. License contract shall not have such provisions that unreasonably restrict the right of the licensee, particularly those provisions not deriving from the rights of the licensor such as, for example, prohibiting the licensee from complaining about the validity of the industrial design right or the right to license of the licensor.

An application for registration of a license contract for use of a protected industrial design or an assignment contract of industrial design right shall comprise the following:

§          A request for registration of contract, made in prescribed form;

§          An original or a true certified copy of the contract;

§          An original of the design patent in case of assignment of industrial design right;

§          A co-owners’ written consent, or a written explanation to explain the reason why any co-owner disagrees to assign the right (if any) in case there are several co-owners;

§          A receipt of prescribed fees and charges;

§          A Power of Attorney if the right has been obtained through a IP representative.