What is an industrial design assignment?

ELITE: Transfer of ownership of an industrial design means the owner of an industrial design transfers ownership rights of his or her design to another organization or individual.

What are the required documents for recording/registration of an industrial design assignment Agreement at the VNIPO?

ELITE: The registration/recording of a patent assignment Agreement at the VNIPO requires the following documents:

1. Application for registration/recording of the patent ownership transfer Agreement/Contract (under a required Form);
2. 02 original or certified copies of the signed Agreement/Contract; If the contract is made in a language other than Vietnamese, it must be accompanied by a certified translation of the Contract into Vietnamese; If the Contract has many pages, each page must have the parties’ signatures or seals;
3. Original patent if the is issued in paper form;
4. A written agreement document of the co-owners of the patent on the transfer of ownership of the invention, if the respective patent ownership is jointly owned;
5. Authorization document/Power of Attorney (in case the request is submitted through an IP Representative/Agent);
6. Copy of fee payment voucher (in case of payment of fees via postal service or direct payment to the VNIPO’s account).

How long does it take to complete the procedure of registration of an assignment Agreement?

ELITE: According to industrial design regulations, it takes 02 months to complete the registration procedure of an industrial design assignment Agreement from the date of submitting full documents.

How much does it cost to record/register an industrial design assignment Agreement at the VNIPO?

ELITE: We note that fees for carrying out this procedure include:

1. Government fees (including fee for reviewing dossier, search fee, registration fee, publication fee): 1,070,000 VND

What should you keep in mind when signing an industrial design Assignment Agreement?

ELITE: In principle, when signing an industrial design Assignment Agreement/Contract, you need to note the following main points:

1. The owner of a patent may only assign his or her industrial design within the term and scope of protection;
2. The Agreement/Contract on an assignment of ownership rights to an industrial design must be expressed in written form and must be registered at the VNIPO to be legally effective to the Tax authority, IP enforcement authorities of Vietnam and other third parties.

1. An Assignment Agreement may provide for the assignment of one or more than an industrial design.

With a team of deep expertise and more than 20 years of experience in the field of intellectual property protection based on our six Core Values, including Integrity, Empathy, Responsibility, Carefulness, Determination, and Learning, We (ELITE Law Firm) are committed to accompanying you and will support you in carrying out this procedure successfully, quickly and economically. Contact us now!