- Email: rubby@ipcells.com
Ipcells & Associates has been actively and intensively involved in a wide variety of licensing and transactional matters relating to all types of intellectual property. Our attorneys have licensing experience from a variety of legal, business and technical backgrounds
Licensing - Assignement the Intellectual Property subject matter in Vietnam
Intellectual Property (“IP”) license mean the permission by the owner of such IP for another organization or individual to use the IP within scope of his/her use right. Licensing of the IP must be established in the form of written agreement.
According to Vietnam IP system, IP licenses agreement shall be of the following types:
· Exclusive agreement means an agreement under which, within licensing scope and term, the licensee shall have an exclusive right to use the licensed IP while the licensor may neither enter into any trademark license agreement with any third party nor without permission of the licensee, use such IP.
· Non-exclusive agreement means an agreement under which, within licensing scope and term, the licensor shall still have the rights to use the trademark and to enter into non-exclusive trademark license agreements with others.
The content of IP license agreement in Vietnam
The IP license agreement must include the following contents:
· Full name and address of the Licensor and the Licensee
· Bases of the license
· Type of the agreement
· Scope of the license
· Term of license;
· Price for the license
· Rights and obligations of the Licensor and Licensee.
Required document
· The Power of Attorney – simply signed and sealed by the Licensee;
· The original of Agreement
The validity of IP license agreement in Vietnam
IP licensee agreement shall be valid as agreed upon by the involved parties but shall be legally effective to a third party upon registration with the National Office of Intellectual Property.
Time frame for registering agreement
The time for recordal of licensing in Vietnam is 2 months counted from the filing date. In practice, this duration can be extended from 3-6 months.
In case you require more information or require advice on Licensing-Agreement as well as other IP matters in Vietnam, please do not hesitate to contact us via Email: rubby@ipcells.com.
The validity of a patent may be suspended if the patentee declares in writing abandonment of the design patent or fails to pay the prescribed renewal fee within the time limits as regulated.
When the design patent validity is suspended, the patent rights will be terminated from suspension of the design patent.
5 years from the validity date of design patents. In case the rights to the design patents have been established in bad faith, the time limit is the whole duration of dseign patent protection.
The following acts, committed without the consent from a patent holder, shall constitute a patent infringement:
(i) manufacturing products using a patented design;
(ii) using, importing, advertising or circulating products that have been manufactured using a patented design.
Yes. If independent usage of an industrial design identical with a design under a published industrial design application is taken place prior to the filing date by any person or legal entity (prior user), after the registration of this industrial design, the prior user is entitled to continue using the industrial design without extension and transferring the right to use to others
The scope of design protection includes any design having a set of main features that is identical to or is not substantially different from the same of the protected design.
When substantive examination of the application is requested, the Vietnamese translations of
annexes to the international preliminary examination report (Form PCT/ISA/237 or
PCT/IPEA/409) must be submitted.
