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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 LICENSE AGREEMENT

Minimum-required contents of a License Agreement

  • The identity of the Licensor and Licensee (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);
  • Scope of the License including: type of license (exclusive or non-exclusive); object(s) of license (Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration); territory of license (Vietnamese territory or part thereof); term of license (within the term of validity of the corresponding Certificate of Trademark Registration). In case of a sub-license, the scope of the sub-license must fall within the scope of the corresponding exclusive license.
  • Price of the License 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 License Agreement

  • A notarized Power of Attorney (Word file) (PDF file) from the Licensor and Licensee. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
  • A certified copy of the Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration;
  • A copy of the Certificate of Recordal of the corresponding exclusive Agreement (if the Agreement to be approved is a sub-agreement);
  • A notarized copy of Business Licence/Investment Licence of the Licensee (if the Licensee is a Vietnamese entity);
  • Two original or certified copies of License 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 License 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 License 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 translation service.
  • The License Agreement must be affixed with Corporate Seals or certified by Notary Public.
  • A standard form of License Agreement containing minimum-required provisions will be provided upon request.

 

 
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