License and Assignment

LICENSE, ASSIGNMENT AND TECHNOLOGY TRANSFER

VIPATCO advises and/or supports negotiations and drafting of technology transfer contracts, licensing contracts and contracts for transferring ownership of intellectual property objects. Complete legal procedures related to registration of the above contracts at competent state agencies.

I/ CONTRACT FOR TRANSFER OF RIGHTS TO USE IPR OBJECTS

The contract for transfer of rights to use (license) of industrial property objects includes the following main contents:

1. Full names and addresses of the Licensor and the Licensee;

2. Detailed information about the subject of industrial property being transferred;

3. Scope of license, which clearly states:

• Type of license contract: exclusive or non-exclusive;
• The subject of the license is determined by the limitation of use rights and the limitation of industrial property objects;
• Territorial scope of the License Contract;
• Term of the License Contract (within the scope of protection term of the patent/GPHI, industrial design or trademark at the time of transfer);
• For a secondary license contract, the license scope must fall within the license scope of the corresponding secondary exclusive license contract.
• Value of the license contract;
• Rights and obligations of the parties to the contract;
• Conditions for modification, termination and invalidation of the contract;
• Measures to resolve complaints and disputes;
• Date and place of signing the contract;
• Signature of the Parties or of the authorized representatives of the Parties, accompanied by full name and position of the signer;

4. The subject matter of the licensed industrial property must be within the protection period;

5. The license contract must be registered at the National Office of Intellectual Property to have legal effect.

6. The parties to the Contract must sign and stamp (If any). If there is no seal, it must be authenticated by a State notary agency.

Documents required to register the License Contract

1. Power of attorney from the Licensor or the Licensee to VIPATCO

(Copy of Power of Attorney accepted at the time of application, the original must be submitted within 01 month from the date of application);

2. Two originals of the License Contract or two notarized copies of the License Contract with appendices (if any);

3. Notarized copies of the Certificates applying for transfer registration: Patent for invention (SC), Patent for utility solution (GPHI), Patent for industrial design (KDCN), Certificate Semiconductor integrated circuit registration (TKBT) or Trademark Registration Certificate (NHHH).
II/ CONTRACTS FOR TRANSFER OF INDUSTRIAL PROPERTY OBJECTS

The transfer contract must include the following main contents

1. Full names and addresses of the Transferor and Transferee;

2. Detailed information about the transferred object;

3. Transfer price and payment method;

4. Rights and obligations of the parties;

5. Conditions for modifying, terminating and invalidating the contract;

6. How to resolve complaints and disputes;

7. Date and place of signing the contract;

8. Full name, position, signature and stamp (if any) of both the transferor and transferee.

Note :

1. The transferred industrial property object must be within the protection period;

2. The transfer contract must be registered at the National Office of Intellectual Property to have legal effect;

3. The parties to the Contract must sign and stamp (If any). If there is no seal, the contract must be authenticated by a State notary agency.

Documents required for registration of Transfer Contract

1. Authorization letter of the Transferor or Transferee

(A copy of the Power of Attorney is accepted at the time of application, the original must be submitted within 01 month from the date of application)

2. Two originals of the Transfer Contract or two notarized copies of the Transfer Contract with appendices (if any);

3. Original transfer certificates: Patents; GPHI Patent; Industrial design patent; Certificate of TKBT registration; NHHH registration certificate.

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