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trademark

Determining whether a trademark is descriptive or suggestive in VietNam, Laos and Cambodia

Trademark registration can face many difficulties in determining whether a trademark is purely “descriptive” or merely “suggestive” because trademarks deemed to be purely “descriptive” will not be protected under law, but if the trademark is only “suggestive”, it can absolutely be protected. So, Determining whether a trademark is descriptive or suggestive in VietNam, Laos and Cambodia?

“Suggestive” signs or “descriptive” trademarks in Vietnam, Laos and Cambodia

A “suggestive” sign is a type of trademark that “suggests” or hints at a certain quality or characteristic of the goods/services it represents. A suggestive trademark implies but does not directly describe the quality or characteristic of the product or service provided.

“Suggestive” signs can usually be registered as trademarks. Still, there are cases where a “suggestive” sign may be refused protection if it is too closely related to the product/service it represents. This is because a “suggestive” sign can be considered a descriptive term if the connection between it and the product or service it represents is easily recognizable.

The distinction between “suggestive” trademarks and “descriptive” trademarks in Vietnam, Laos and Cambodia

The distinction between “suggestive” trademarks and “descriptive” trademarks is quite subtle and subjective.

A “suggestive” trademark is a trademark that suggests or hints at the product or service it represents but requires consumers to use their imagination or perception to create an association between the trademark and the goods/services. 

Conversely, a “descriptive” trademark often directly describes the product or service it represents and does not require much imagination or thinking to establish a connection between the trademark and the goods/services.

Therefore, the key factor in determining whether a trademark is “suggestive” or “descriptive” depends on the degree of imagination required to understand the relationship between it and the product/service it represents. The more imagination or thought processing required to create a connection between the trademark and the goods/services, the more likely the trademark is considered “suggestive” rather than “descriptive”.

However, the boundary between the two types of trademarks is often quite subtle and trademark classification can depend on various factors such as industry standards, consumer perception, and the overall context in which the trademark is used.

Principles for examining trademarks in Vietnam, Laos and Cambodia

When assessing a trademark, it is important to consider the overall impression it creates when viewed broadly as a whole, rather than focusing solely on its individual components. 

Therefore, in the event of filing a trademark registration application in Vietnam, Laos and Cambodia and the trademark is considered more “descriptive” than “suggestive”, the applicant should emphasize the overall impression created by the trademark. 

This includes not just the individual elements of the trademark, but how those elements combine to create a unique impression. To strengthen the argument, the applicant should emphasize how the trademark creates a unique impression by providing evidence and arguments demonstrating how the trademark requires imagination or cognition from consumers to understand its relationship to the product/service it represents. 

By highlighting these factors, the applicant can build a strong case for why the trademark should be viewed as “suggestive” rather than “descriptive”, and therefore eligible for trademark protection in Vietnam, Laos or Cambodia.

If you encounter any difficulties, you can fully authorize GreenIP to represent you. We will help you:

– Prepare the application form (including trademark description if you have not described it yet)

– Represent you in filing the application

– Monitor the examination process 

– Handle any issues that may arise

– Receive the registration certificate afterward and deliver it directly to the customer

In addition, you will enjoy many preferential policies at our company at the link: https://greenip.asia/what-we-do/

Above the article: “Determining whether a trademark is descriptive or suggestive in VietNam, Laos and Cambodia” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Trends in the development of IP in the future

Trends in the development of IP in the future

Intellectual property is a valuable asset and has long-term value for businesses. It promotes innovation, improves competitive capacity through research and development, helps build trust with customers when holding strong brands and trademarks, and increases value for businesses, attracting investment and strategic partnerships. So, What trends in the development of IP in the future?

How does intellectual property law affect technological development?

Some major impacts:
– Creates a protective environment and encourages new technology research and development investment. Businesses feel secure investing when intellectual property rights are protected under law.
– Encourages sharing and exchange of scientific and technical knowledge. Technology transfer agreements and joint research are promoted.
– Establishes a legal foundation for commercializing technologies and exploiting intellectual property assets.
– Manages shared use of technologies, preventing risks of intellectual property rights violations.
– Protects inventors’ rights, encouraging innovation and technological development.
Thus, intellectual property law is an important driving force for the processes of researching, applying and developing technology.

Trends in the development of intellectual property law in the future

Include:
– Harmonization of international intellectual property laws: Countries will cooperate more closely to build a unified legal framework, avoiding differences in regulations that create obstacles to protection and enforcement.
– Expansion of protection scope: Includes new emerging fields like artificial intelligence, big data, blockchain, biotechnology, etc.
– Strengthened protection of intellectual property rights online: Promoting technological applications to better detect and prevent violations on the internet and social networks.
– Simplified administrative procedures: Shortening application processing, decision-making, and enforcement times.
– Increased corporate social responsibility: Balancing intellectual property protection and consumer/community interests.
These are the main predicted trends in future intellectual property law development.

What should businesses do to protect their intellectual property?

– To protect intellectual property rights, businesses need to:
– Choose technical measures like encryption, service codes, and access control to secure information online.
– Use violation detection technologies like image/natural language checks to identify issues early.
– Establish rapid, effective processes to handle violations through takedown requests, blocking offender accounts, etc.
– Implement digital rights management (DRM) for sensitive digital content.
– Continuously update intellectual property information online.
– Widely promote intellectual property rights awareness on corporate websites and social media.
– Collaborate with intellectual property protection authorities on enforcement activities.

Above is the article:” Trends in the development of IP in the future” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Registering copyright for a song in Vietnam

REGISTERING COPYRIGHT FOR A SONG IN VIETNAM UNDER NEW REGULATIONS

A song that has been registered for copyright will be protected in terms of authorship and intellectual property rights for the composition by the creator, enabling economic benefits through authorized performances and commercial releases, and allowing the author to demand compensation if the song is used unlawfully.

What is the Registering copyright for a song in Vietnam?

According to Article 6, Clause 4 of Decree 17/2023/NĐ-CP, a musical work under the Intellectual Property Law is a work expressed in musical notation or other musical characters, with or without lyrics, regardless of whether it is performed or not.

Therefore, registering copyright for a song involves the author or the owner of the song going through the procedure of submitting a copyright registration application to the Copyright Office and receiving a certificate of copyright registration for the musical work.

What does the copyright registration dossier for a song include?

According to Article 50 of the Intellectual Property Law 2005 and Article 39 of Decree 17/2023/NĐ-CP, the copyright registration dossier for a song includes:

a) Copyright registration declaration and related rights registration declaration (according to the provided form) signed or marked by the author, the copyright owner, or the related rights owner, except in cases where they are physically unable to sign or mark;
b) Two copies of the work (including electronic copies) or two copies of the shaped recording, audio or video recording, broadcasting program;
c) Power of attorney if the applicant is authorized by the author, the copyright owner, or the related rights owner, as stipulated in Clause 6, Article 38 of this Decree;
d) Documentation proving ownership rights;
e) Agreement from co-authors if the work has co-authors;
f) Agreement from co-owners if the copyright or related rights are jointly owned;
g) In case the work includes the use of another person’s personal image, written consent from that person as required by law.

Where can you register the copyright for a song?

Registering copyright for a song is made easy with GreenIP. If you are looking for a simple and effective solution to protect your IP rights for your works in Vietnam, GreenIP allows you to submit an online registration application along with the necessary documents. We will handle all the required procedures with the Viet Nam Copyright Office. Once completed, you will receive your Copyright Certificate in a short period of time.

Above the article: “Registering copyright for a song in Vietnam under the new regulations” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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3 new points of the trademark registration form

3 New points of the trademark registration form

On August 23, 2023, the Vietnamese Government issued Decree No. 65/2023/ND-CP, which provides details on some articles and measures for the implementation of the Law on Intellectual Property regarding industrial property ownership, protection of industrial property rights, rights over plant varieties, and state management of intellectual property rights.

One of the highlights of Decree No. 65/2023/ND-CP is the introduction of a new industrial property declaration form, including the trademark registration form.

3 new points of the trademark registration form discovered and collected by GreenIP

First, add the option “Paper Certificate” for issuing trademark registration certificates. Previously, the trademark registration certificate was automatically issued in paper form. Now, “Paper Certificate” has become an option. Applicants can only receive a paper trademark registration certificate by indicating their preference with an X mark in the section [Paper Certificate]. Otherwise, the trademark registration certificate will be issued electronically.

Second, the addition of sound trademarks and three-dimensional trademarks, as well as the removal of linked trademarks. In the section “Type of trademark registration requested” under item 1, this adjustment is in line with the provisions of the current Law on Intellectual Property.

Third, providing information about the citizen identification number. In item 2, in the section for providing information about the applicant, the new form requires additional information about the citizen identification number of the applicant.

The purpose of this is to facilitate the Intellectual Property Office in verifying and managing the data and information of the applicant accurately and completely. However, providing information about the citizen identification number is not mandatory. It only applies in cases where the applicant is an individual. For cases where the applicant is an organization, specific guidance from the Intellectual Property Office has not yet been issued. For foreign individuals as applicants, they do not need to provide an ID number or equivalent information related to the citizen identification number

Above is the article: “3 New Points of the Trademark Registration Form” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Some frequently asked questions

What is a trademark?

According to Article 4.16 of the IP Law of Vietnam, a “mark” means any sign used to distinguish goods or services of different organizations or individuals. Such signs must be visible and may include letters, words, drawings, or images including holograms, or a combination thereof, represented in one or more colors.

How long is the validity term of a registered Trademark in Vietnam?

According to Article 93.6 of the IP Law of Vietnam, the validity term of a Trademark Registration Certificate is 10 years from the regular filing date and can then be renewed indefinitely for consecutive periods of 10 years.

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The procedure for amending a patent application

The procedure for amending a patent application

Not every patent application is accepted by the Intellectual Property Office. Therefore, the applicant needs to go through the procedure to amend the patent application. So what is the procedure for amending a patent application in 2023?

How to amend a patent application

Amending a patent application is a procedure carried out when the applicant changes the name or address, or both the name and address, during the examination process, making it different from the corresponding information on the patent application already submitted to the Intellectual Property Office. Therefore, to carry out the amendment of a patent application, the applicant or representative (in the case of submission through an industrial property representative organization such as GreenIP) needs to prepare a set of documents for amending the patent application to submit to the Intellectual Property Office. The amendment application dossier includes:

  • 02 request forms for amending the patent application (form: 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN)
  • Legal documents proving the amendment: These documents can be an amended description, an amended summary of the corresponding invention/utility solution; a detailed description of the amendment compared to the originally submitted documents; a business registration certificate, etc.
  • Power of attorney (if required to submit the amendment request through an IP service representative organization as GreenIP )
  • Fee and charges receipts.

Procedure for amending a patent application

After the amendment application dossier is submitted to the Intellectual Property Office, the processing of the amendment application dossier follows the following sequence:

Step 1: Receiving the amendment application dossier. The amendment application dossier will be received and stamped by an Intellectual Property Office specialist when the dossier is found to be complete with the necessary documents according to the law.

Step 2: Processing the dossier. After receiving the amendment application dossier, the Intellectual Property Office will consider the content of the requested amendment to the patent application. If the application has no deficiencies, the Intellectual Property Office will issue a notice acknowledging the amendment and publish it in the Industrial Property Gazette.
If the application has deficiencies or is invalid, the Intellectual Property Office will issue a notice of the intention to reject the amendment and specify the reason. In such cases, the applicant can rectify the deficiencies according to the notice from the Intellectual Property Office within a certain period of time. If the rectification does not meet the requirements, there is no objection or the objection is unjustified, the Intellectual Property Office will issue a notice rejecting the request to amend the patent application.
Step 3: The Intellectual Property Office issues a notice of acknowledging or rejecting the amendment to the patent application.

Above the article: “The procedure for amending a patent application” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Can someone else be authorized to submit a trademark application

Can someone else be authorized to submit a trademark application?

Trademark protection is essential for trademark owners because it provides them with the right to protect their trademarks from infringement by others. However, not all trademark owners may have the ability to submit a trademark application themselves. So, can someone else be authorized to submit a trademark application?

Can someone else be authorized to submit a trademark application?

According to Article 107 of the IP Law of Viet Nam 2005, there are regulations regarding representation in procedures related to industrial property rights, including trademark registration. The law states the following:

“1. Authorization in performing procedures related to the establishment, maintenance, renewal, modification, termination, or invalidation of certificates of protection must be granted through a power of attorney.

2. The power of attorney must contain the following essential information: a) The full name and address of the grantor and the person granted the power of attorney.

b) The scope of the authorization.

c) The duration of the authorization.

d) The date of issuance of the power of attorney.

e) The signature and seal (if any) of the grantor.

3. A power of attorney without a duration is considered to have indefinite validity and ceases to be valid only when the grantor declares the termination of the authorization.”

Based on the above regulations, it is possible to authorize someone else to submit a trademark application. The authorized person has the right to submit the trademark application if the power of attorney includes provisions regarding this matter.

What requirements must be met for a trademark application?

According to Article 105 of the IP Law of Viet Nam, the requirements for a trademark application are as follows:

  • The documents, specimens, and information identifying the trademark to be protected in the trademark application include:
  • The trademark specimen and the list of goods or services bearing the trademark
  • The regulations on collective trademark use and certification trademark use.
  • The trademark specimen must be described to clarify the constituent elements of the trademark and the overall meaning of the trademark (if any). If the trademark contains words or phrases in pictorial language, those words or phrases must be transcribed. If the trademark contains words or phrases in a language other than Vietnamese, they must be translated into Vietnamese. If the trademark is a sound, the trademark specimen must be an audio file and the representation in the form of a graphic of that sound.
  • The goods or services mentioned in the trademark application must be classified into appropriate groups according to the international classification table for goods and services for the purposes of trademark registration, as published by the state management agency for industrial property.
  • The regulations on collective trademark use include the following essential contents:
  • The name, address, basis of establishment, and operation of the collective organization as the trademark owner.
  • The criteria for becoming a member of the collective organization.
  • The list of organizations and individuals authorized to use the trademark.
  • Conditions for using the trademark.
  • Measures to handle violations of the regulations on collective trademark use.
  • The regulations on certification trademark use must include the following essential contents:
  • The organization or individual is the trademark owner.
  • The conditions for using the trademark.
  • The characteristics of the goods or services certified by the trademark.
  • Methods for evaluating the characteristics of goods or services and controlling the use of the trademark.
  • Expenses that the trademark user must bear for certification and protection of the trademark, if any.

Above is the article: “Can someone else be authorized to submit a trademark application?” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
Call/WhatsApp: (+84) 9 0228 3469
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Some frequently asked questions

Can a trademark application cover multiple classes?

Yes, it can. Single trademark application covering multi-classes is accepted with the provision that the official filing fee must be paid for each class.

Which classification systems are applied for Vietnamese Trademark?

The Nice 10th Classification System is applied in Vietnam in registrations for trademarks. The Vienna Classification system is used for figure trademarks.

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Extension of industrial design exclusive rights

Extension of industrial design exclusive rights

According to current legislation, an industrial design certificate has a validity of five years (from the date of valid application). When the validity of this certificate expires, the owner must follow the procedure to extend its validity in order to continue being the owner of the industrial design certificate. So, what are the procedures for the extension of industrial design exclusive rights?

Validity of industrial design certificates

According to Vietnamese law, each industrial design certificate has a validity period of 5 years from the date of issuance and can be extended twice consecutively, each time for 5 years. Therefore, the maximum validity of an industrial design certificate is 15 years from the date of application submission.

The extension of industrial design exclusive rights is a procedure that requests the state authority to continue protecting the registered industrial design. This extension is done by submitting the required documents to the Intellectual Property Office according to the prescribed procedure.

Extension of industrial design exclusive rights

Timeframe for submitting applications for extending industrial design exclusive rights The extension of industrial design exclusive rights can be done within two timeframes:

  • 6 months before the expiration of the protection period.
  • 6 months after the expiration of the protection period (in this case, an additional late fee of 10% per month is required).

Document requirements

The application for extending the validity of industrial design exclusive rights should include the following documents:

  • Application form for extending the validity of the industrial design certificate (Form 02-GH/DTVB Appendix C Circular 16/2016/TT-BKHCN).
  • Original industrial design certificate (if the request is to record the extension on the certificate).
  • Power of attorney (if the application is submitted through a representative).
  • Copy of the fee payment receipt (if the fees are paid through postal services or directly to the Intellectual Property Office’s account).

Procedure for extending Industrial Design exclusive rights

Step 1: Submit the application for extending the validity of the industrial design certificate. The owner of the certificate can submit the application directly or send it via postal services to the Intellectual Property Office.

Step 2: Processing the application for extending industrial design exclusive rights The Intellectual Property Office will consider the application within 1 month from the date of receipt. Results:

  • For valid applications: The Intellectual Property Office will issue a decision to extend the validity, record the extension in the certificate (if requested), and publish the decision in the Industrial Property Gazette within 2 months from the date of the decision.
  • For invalid applications: The Intellectual Property Office will notify the applicant of the decision to refuse the extension, stating the reasons and giving a period of 2 months (from the date of notification) for the applicant to rectify the deficiencies.

Above the article: “Extension of industrial design exclusive rights” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
Call/WhatsApp: (+84) 9 0228 3469
Thanks a lot.

Some frequently asked questions

What is the purpose of industrial design?

The purpose of industrial design is to create products that are aesthetically pleasing, and functional, and provide a good user experience. It aims to optimize the performance, durability, utility, and attractiveness of the product. By analyzing the needs and desires of customers, industrial design offers creative and unique solutions to create the best possible product in a competitive environment.

Where can an industrial design renewal application be submitted?

In Hanoi: 386 Nguyen Trai Street, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi.
In Da Nang: 3rd floor, 135 Minh Mang Street, Khue My Ward, Ngu Hanh Son District, Da Nang.
In Ho Chi Minh City: 7th floor, Ha Phan Building, 17-19 Ton That Tung Street, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.

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When transferring, assigning, and licensing IP rights, certain documents are required

When transferring, assigning, and licensing IP rights, certain documents are required.

There are several reasons why an intellectual property owner may want to transfer these rights to someone else. However, the transfer of intellectual property rights is often a complex process and is regulated by laws and requirements of intellectual property agencies. So what documents are required When transferring, assigning, and licensing IP rights, certain documents are required?

What is the transfer of IP Rights?

The transfer of intellectual property rights is the process of transferring all or part of the intellectual property rights from the transferor (assignor) to the transferee (assignee). The transfer of intellectual property rights is typically carried out by signing a licensing agreement between the two parties. Intellectual property rights may include copyrights, trademarks, patents, industrial property rights, and industrial design rights.

Assignment of Intellectual Property Rights

The assignment of intellectual property rights is transmitting, transferring, or assigning all or part of the intellectual property rights from one party (assignor) to another party (assignee). The assignment of intellectual property rights is usually done by signing an assignment agreement. Intellectual property rights may include copyrights, trademarks, patents, industrial property rights, or industrial design rights.

When transferring, assigning, and licensing IP rights, the following documents are required

  1. For transfer:
  • Declaration form for recording transfer of trademark registration (typed according to form: 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN).
  • Transfer documentation: This document should clearly state the name and address of the transferor and transferee, as well as the transfer number or sufficient information to identify the transfer.
  • Power of attorney: If the transfer request is submitted through a representative service organization, a power of attorney is required.

2. For assignment:

  • Intellectual property transfer contract: This contract must specify the information about the assignor, assignee, scope of intellectual property rights being assigned, value, and other related conditions regarding the assignment.
  • Intellectual property license: This document grants permission to use and license intellectual property rights.
  • Confirmation document of assignment: This is a document signed by the parties involved in the assignment to confirm the transfer and other related documents.

3. For licensing:

Patent/utility solution/industrial design/trademark licensing contract (except for famous trademarks) that is valid according to the agreement of the parties. The process and procedures for registering a licensing agreement are as follows: The dossier includes a declaration form, 2 original copies of the contract, a certified copy of the protective document, a business license (if it is a trademark), documents of fee payment, and a power of attorney (if required). The dossier is submitted to the Intellectual Property Office (within 60 days from the date of signing the contract, which can be extended for justified reasons). The Intellectual Property Office in Viet Nam will accept the dossier and make decisions: either not accepting the registration due to the contract violating content, form, or jurisdiction, or rejecting the registration with a written statement providing the reason and ensuring the right to appeal for the parties involved; or requesting amendments to certain provisions of the contract before registration. If the requirements are met, the office will accept and proceed with the procedures for registration of the licensing agreement.

Above is the article: “When transferring, assigning, and licensing IP rights, certain documents are required.” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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Patent abstract

Patent abstract

A patent abstract is a type of patent document used to summarize the essence of the invention. So what is a patent abstract? How to write a complete patent abstract?

What is a patent abstract?

A patent abstract is an important document that accompanies the patent application, along with the images and description of the invention. It is a document that is almost mandatory to provide information about the subject matter of the registered industrial property – the patent. The patent abstract is concise content that represents the most essential information about the nature of the invention.

The patent abstract serves as an “introduction” to help readers decide whether to continue reading the specific information about the invention presented in the Patent Description or not.

Instructions for drafting the patent abstract:

  1. Inventive concept/useful solution: The title of the invention should be concise, clear, and represent a brief form of the object, function, or technical field and the essence of the object, and must be appropriate to the nature of the invention/useful solution.
  2. Mentioned technical field: It must indicate the technical field to which the invention is used or related to.
  3. Technical status of the invention: It should mention information about known technical solutions as of the priority date of the Similar Application (with the same purpose or solving the same technical problem) with the invention stated in the Application. Based on those known solutions, it is necessary to indicate the solution that is most similar technically to the invention stated in the Application, describe the essence of this solution in a summary, and mention the limitations or deficiencies of that solution in solving the technical problem or achieving the purpose stated in the Application.
  4. Description of the technical nature of the invention: The description starts with a paragraph explaining the purpose that the invention needs to achieve or the technical problem that the invention needs to solve to overcome the limitations or deficiencies of the most similar technical solution mentioned in the “Technical status of the invention” section. Next is to describe the constituent features of the invention. Particularly, it is required to present new features of the invention compared to the most similar technical solution mentioned in the “Technical status of the invention” section.
  5. Brief description of the drawings: If there are drawings in the Patent Description to clarify the nature of the invention, it is necessary to have a list of drawings and provide a brief explanation of each drawing.

Protection requirements: The function of the protection requirements is to determine the scope (volume) of protection for the invention. The protection requirements must:

  • Be consistent with the Patent Description and the Drawings;
  • Contain the basic features of the invention that are sufficient to achieve the purpose or solve the task;
  • Not include instructions related to the Patent Description and the Drawings;
  • Not include drawings;
  • Each independent point of the protection requirements should refer to one protected object

Above is the article:”Patent abstract” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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In what cases is it mandatory to transfer the rights to use an invention?

In what cases is it mandatory to transfer the rights to use an invention?

The law stipulates that individuals and organizations are allowed to conduct research and develop a product that can be applied in practical life and provide utility and accuracy. This is considered a new invention and can be registered with the competent authority to receive intellectual property protection from the state. So, what are the cases that require the transfer of rights to inventions?

In what cases is it mandatory to transfer the rights to use an invention?

According to the Intellectual Property Law in Viet Nam, there is a principle regarding inventions in Article 7, Clause 3, which states:

“In order to ensure the objectives of national defense, security, public interest, and other benefits of the State, the society regulations in the law, the State has the right to prohibit or restrict the subject of intellectual property rights (IPR) from exercising their rights or force the subject of IPR to allow organizations or individuals to use one or more of their rights under appropriate conditions; limitations on rights for inventions under state secrets shall be implemented in accordance with government regulations.”

In the following cases, the right to use inventions is transferred to other organizations and individuals according to the decision of the competent state agency, as stipulated in Article 147, Clause 1 of the Intellectual Property Law, without the consent of the exclusive right holder:

  • Using the invention for public, non-commercial purposes, serving national defense and security, disease prevention and treatment, nutrition for the people, or meeting urgent social needs.
  • The exclusive right holder does not fulfill the obligation to use the invention as stipulated in Article 136, Clause 1 and Article 142, Clause 5 of the Intellectual Property Law, after four years from the date of filing the patent application and three years from the date of granting the exclusive patent right.
  • The party in need of using the invention fails to reach an agreement with the exclusive right holder for the conclusion of an invention use contract, even though they have made reasonable efforts to negotiate a fair price and commercial terms.
  • The exclusive right holder is considered to engage in anti-competitive behavior prohibited by competition laws.
  • The exclusive right holder has the right to request termination of the right to use if the conditions for the transfer specified in Article 145, Clause 1 no longer exist and there is no possibility of recurrence, provided that the termination does not cause harm to the party to whom the right to use the patent is transferred.

What is the authority for compulsory transfer of the right to use inventions? According to Article 147 of the Intellectual Property Law 2005, which stipulates the jurisdiction and procedures for compulsory transfer of the right to use inventions:

  • The Ministry of Science and Technology issues a decision to transfer the right to use patents based on the consideration of requests for transfer of rights in cases specified in points b, c, and d of Clause 1, Article 145 of this Law.
  • Ministries or equivalent state agencies issue decisions to transfer the right to use patents in their respective state management areas when cases specified in point a, Clause 1, Article 145 of this Law occur, based on the opinions of the Ministry of Science and Technology.
  • The decision to transfer the right to use patents must determine the scope and conditions of use in accordance with the provisions of Article 146 of this Law.
  • The competent state agency deciding to transfer the right to use patents must notify the exclusive right holder of that decision.
  • The decision to transfer the right to use patents or refuse the transfer can be appealed or brought to court according to the provisions of the law.
  • The government will specify the specific procedures for transferring the right to use patents as stipulated in this Article.

Above is the article:”In what cases is it mandatory to transfer the rights to use an invention?” by GreenIP. Should you or anyone you know need help with this, feel free to contact us at our email: info@greenip.asia
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