Assignment of industrial design
01. Conditions for application
- Assignment of an industrial property right means the transfer of ownership right by the owner of such industrial property right to another organization or individual.
- An assignment of an industrial property right must be established in the form of a written contract and shall take effect from the date of registration of assignment at National Office of Intellectual Property
02. Applicable laws
1. Law on Intellectual Property 2005 (amended in 2009)
2. Decree No. 103/2006/NĐ-CP implementing Law on Intellectual Property on industrial property right
3. Circular No. 01/2007/TT-BKHCN
Step 1: Prepare the following documents
+ A written declaration of assignment of industrial design;
+ 02 copies of assignment contract on industrial design;
+ Written consent of co-owners to the assignment of the industrial design, if the relevant industrial design is under common ownership;
+ Authorization letter (if the documents are submitted by representative)
+ Receipt for payment of fees and charges;
+ Other documents (if necessary)
Step 2: Submit the file at National Office of Intellectual Property (“NOIP”)
Step 3: The NOIP shall receive the file.
Step 4: The NOIP shall carry out an examination for the validity of the file within 02 months
Step 5: The NOIP shall issue a decision on registration of the assignment contract, issue a certificate of registration of assignment contract, and publish the registration in the Industrial Property Offical Gazette. In case of refusal, the NOIP shall reply in writing about the refuse.