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Filing Requirements in Vietnam  I  Filing Requirements in Laos
Filing Requirements in Cambodia  I  Filing Requirements in Myanmar


FILING REQUIREMENTS IN VIETNAM


Registration of Invention/Utility Solution
Registration of Trademark
Recognition of Well-Known Mark
Registration of Industrial Design
Registration of Copyright
Renewal and Annuity
Recordal of Assignment Agreement
Recordal of License Agreement
Recordal of Change of Name/Address


RECORDAL OF ASSIGNMENT AGREEMENT

Minimum-required contents of an Assignment Agreement

  • The identity of the Assignor and Assignee (full name and address);
  • Details of the IP objects to be assigned (information on granted Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration);
  • Price of the assignment and term of payment;
  • Rights and obligations of each party;
  • Conditions for amendment, termination and invalidation of the Agreement;
  • Method for settlement of disputes;
  • Date and place of signing;
  • Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.

Documents required for recordal of an Assignment Agreement

  • A notarized Power of Attorney (Word file) (PDF file) from the Assignee or Assignor. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
  • The original Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration;
  • A notarized copy of Business Licence/Investment Licence if the Assignee is a Vietnamese entity;
  • Two original or certified copies of Assignment Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;

+ Notes

  • The Assignment Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam. 
  • The request for recordal of the Assignment Agreement should be submitted within 60 days from the signing date.
  • For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP. 
  • If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates can provide with translation service.
  • The Assignment Agreement must be affixed with Corporate Seals or certified by Notary Public.
  • A standard form of Assignment Agreement containing minimum-required provisions will be provided upon request.

 

 
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