Technology Transfer
What is technology transfer?
Technology transfer is the transfer of ownership or the transfer of the using right of a technology, such as a solution, a process or a know-how between individuals or organizations.
Legal services:
- Check and assess the feasibility of registration before registering at competent agencies;
- Determine whether the technology to be transferred is subject to restriction or prohibition of transfer;
- Determine whether you must apply for consent before submitting a registration application;
- Submit a technology transfer application to competent authorities;
- Consult, draft explanations and descriptions of technology transferred during the registration process;
- Carry out procedures for objections and complaints during the registration process;
- Draft and review technology transfer contracts with an individual or organization at home or abroad.
How to proceed?
- Contact us via phone, email or create a CRM account to define the required services with our lawyers.
- Whenever possible we will meet in person to define your legal strategy in depth.
- Our legal services will notably include our advisory on the feasibility of the technology transfer before registering it in Vietnam.
- During the registration process, we will assist you to liaise with the authorities and reply to their inquiries and refusal (if any).
- We will provide you with the list of required information and documents, as well as the application dossier drafted and translated by us in Vietnamese and English languages.
- At any time, you can access the CRM system to manage and keep a track of your legal services.
The steps and procedures to register a trademark are as follows:
- Step 1: Submit the declaration dossier for registering the trademark at the “National Office of Intellectual Property” (“NOIP”).
- Step 2: Evaluation of the formality of the application.
- Step 3: Official announcement of the formality evaluation result.
- Step 4: Evaluation of the contents or substance of the application.
- Step 5: The NOIP issues the notice of intent to grant a trademark protection certificate and requests payment of the licensing fee (if have fulfilled the regulatory requirements).
- Step 6: The submitter pays the fee and the NOIP issues the trademark protection certificate.
In practice, 12 to 18 months are required to complete all the steps.
The Vietnamese intellectual property system is divided in three areas:
- Copyright and related rights administered by the Copyright Office of Vietnam;
- Industrial property rights – administered by the National Office of Intellectual Property (“NOIP”);
- Rights to plant varieties – administered by the Plant Variety Protection Office.
IP rights registered in Vietnam can be enforced as follows:
- Administrative action: Most of the IP disputes are settled through this method, which is fast and straightforward. The authorities may apply sanctions including warnings, fines, seizure or destruction of the counterfeit goods.
- Civil Court action: This process is lengthier, but the Court of Vietnam are enforcing IP regulations and protecting IP rights holders.
Technology transfer means the transfer of ownership or right to use a part or all of a technology from the party having the right to transfer a technology to the technology recipient.
Technology objects allowed to be transferred include: technical know-how, technological know-how; technological plans and processes; solutions, parameters, drawings, technical diagrams; formulas, computer software, data information; solutions to rationalize production and technological innovation;
A technology owner or an organization or individual that has the right to use the technology may transfer the right to use that technology to another organization or individual when the technology owner
The contract shall be registered with the competent authority in the case of a technology transfer contract from abroad to Vietnam or a technology transfer from Vietnam to a foreign country, or a transfer of domestic technology using state capital or state budget, except for cases when a certificate of registration of scientific and technological tasks is granted.
Technology transfer contracts are valid under the agreement of the parties. Particularly for technology transfer contracts subject to transfer restriction, they shall take effect from the time of being granted technology transfer licenses or from the time of registration, for transfer contracts subject to registration.
