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CONTENTS OF INDUSTRIAL PROPERTY OBJECT LICENSE CONTACTS

CONTENTS OF INDUSTRIAL PROPERTY OBJECT LICENSE CONTACTS

According to article 144 Law on Intellectual Property specified about Contents of industrial property right assignment contracts:

  1. An industrial property object license contract must have the following principal contents:

a) Full names and addresses of the licensor and the licensee;

b) Licensing bases;

c)Contract type;

d) Licensing scope of, covering limitations on use right and territorial limitations;

e) Contract term;

f) Licensing price;

g) Rights and obligations of the licensor and the licensee.

2. An industrial property object license contract must not have provisions which unreasonably restrict the right of the licensee, particularly the following provisions which do not derive from the rights of the licensor:

a/ Prohibiting the licensee to improve the industrial property object other than marks; compelling the licensee to transfer free of charge to the licensor improvements of the industrial property object made by the licensee or the right of industrial property registration or industrial property rights to such improvements;

b/ Directly or indirectly restricting the licensee to export goods produced or services provided under the industrial property object license contract to the territories where the licensor neither holds the respective industrial property rights nor has the exclusive right to import such goods;

c/ Compelling the licensee to buy all or a certain percentage of raw materials, components or equipment from the licensor or a third party designated by the licensor not for the purpose of ensuring the quality of goods produced or services provided by the licensee;

d/ Forbidding the licensee to complain about or initiate lawsuits with regard to the validity of the industrial property rights or the licensor’s right to license.

  1. Any clauses in the contract falling into the cases specified in Clause 2 of this Article shall be ex-officio invalid.

Please contact us for detailed advice.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2h.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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