What are Requirements for Assignment Recordal in Vietnam?
Minimum Requirements for an Assignment Agreement
An assignment agreement must at least includes the following contents:
- Full name and address of the assignor and assignee;
- Details of the subject matter(s) to be assigned;
- Price of the assignment and term of payment;
- Rights and obligations of each party;
- Conditions for amendment, termination and invalidation of the agreement;
- Method of settlement when complains or disputes arise;
- Date and place of signing;
- Signatures of the parties or their authorized representatives with the full names and position of the signatories.
Documents Required for Recording an Assignment Agreement
- A Power of Attorney (PoA) from the applicant (assignor or assignee) (required at the time of filing);
- Two original or certified copies of the agreement, including appendix or appendices (if any) and their Vietnamese translations;
- Original patent of invention/utility solution/industrial design or certificate of registration of trademark;
- A notarized copy of business license/investment license if the assignee is a Vietnamese entity.
- Recordal of assignment agreement with the Intellectual Property Office of Vietnam is not compulsory. However, to be enforceable with third parties, it must be recorded with the IP Vietnam;
- Request for recordal should be filed within 60 days from the date of signing of the agreement;
- Multiple page agreement must have signatures of both assignor and assignee on each page or all pages must be attested and marginally stamped;
- For all applications including applications for patent, trademark and industrial design, Power of Attorney form just needs to be filled in and signed. Neither notarization nor legalization is required;
- Power of Attorney can be submitted at a later date, but can not be later than 1 month from the filing date.