The transfer of industrial design exclusive rights is the process of transferring the ownership of an industrial design from the current owner to another individual or entity. Industrial designs are a crucial element in building and developing a brand, and as such, the transfer must comply with legal regulations to ensure the interests of all parties involved.
The transfer of industrial design exclusive rights is the process of transferring the ownership of an industrial design from the current owner to another individual or entity. Industrial designs are a crucial element in building and developing a brand, and as such, the transfer must comply with legal regulations to ensure the interests of all parties involved.
- Maximizing asset value: The owner can leverage the value of the industrial design by transferring it, recovering investment, and redirecting business development.
- Saving time and costs: The transferee can immediately utilize an already protected industrial design, saving time and costs in developing a new design.
- Enhancing brand value: Transferring industrial design rights helps expand and optimize brand value in the market.
- Written contract: The transfer must be executed in the form of a written agreement.
- Registration with the competent authority: The transfer contract only becomes effective once it is registered with the Intellectual Property Office.
The transfer contract should include the following key elements:
- Parties' information: Names and addresses of the transferor and transferee.
- Industrial design information: Details of the industrial design being transferred.
- Transfer price and payment method: Agreement on the transfer price and payment methods.
- Rights and obligations of the parties: Clear provisions regarding the rights and obligations of both the transferor and the transferee.
- Conditions for amendment, termination, or invalidation of the contract: Terms under which the contract may be amended, terminated, or declared void.
- Dispute resolution: Methods for resolving disputes, if any.
- Date and location of contract signing: The time and place of signing the contract.
- Signatures of the parties: Signatures of the parties or their authorized representatives.
- Application form for registering the industrial design transfer contract: As per the prescribed form.
- Transfer contract: Original or notarized copy.
- Industrial design registration certificate: Original.
- Consent document from co-owners (if applicable): If the industrial design is co-owned.
- Power of attorney: If the application is submitted through a representative.
- Proof of payment for fees and charges: Photocopy.
- Step 1: Submitting the application
+ Submit directly or by post to the Intellectual Property Office.
+ Submit online via the e-Government Portal.
+ Submit through an Industrial Property Agent.
- Step 2: Processing the application
+ Valid application: The Intellectual Property Office issues a decision recognizing the transfer, updates the information, and publishes it in the Industrial Property Gazette.
+ Invalid application: The Intellectual Property Office notifies the applicant of the intention to reject the application, request amendments, or provide feedback.
The processing time for the application is approximately 2 months (excluding the time for correcting documents). However, the actual time may be longer depending on the workload of the Intellectual Property Office.
The fees for transferring industrial design exclusive rights include examination, search, publication, registration, and other related fees as stipulated in Circular 263/2016/TT-BTC. If the application is submitted through a representative, additional service fees will apply.
If you need support or detailed advice regarding the procedure for transferring industrial design exclusive rights, please contact us. Á Đông IP is a reputable Industrial Property Agent ready to assist you in completing the procedure efficiently and quickly.
We hope this guide helps you better understand the procedure for transferring industrial design exclusive rights. If you have any further questions, do not hesitate to contact us for clarification.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
