Hủy bỏ hiệu lực văn bằng kiểu dáng công nghiệp

Hủy bỏ hiệu lực văn bằng kiểu dáng công nghiệp. Văn bằng bảo hộ độc quyền kiểu dáng công nghiệp là văn bản do cơ quan nhà nước có thẩm quyền cấp cho tổ chức, cá nhân có quyền sở hữu công nghiệp đối với kiểu dáng công nghiệp.

Văn bằng bảo hộ độc quyền kiểu dáng công nghiệp có hiệu lực kể từ cấp văn bằng đến năm năm sau tính từ ngày nộp đơn, có thể gia hạn hai lần liên tiếp, mỗi lần là năm năm.

Tuy nhiên, trong nhiều trường hợp, cục Sở hữu trí tuệ đã cấp văn bằng bảo hộ độc quyền kiểu dáng công nghiệp cho tổ chức, cá nhân thì mới phát hiện đơn yêu cầu cấp văn bằng bảo hộ độc quyền kiểu dáng công nghiệp của tổ chức, cá nhân đó không đủ tiêu chuẩn để cấp văn bằng. Lúc này lại đặt ra vấn đề là hủy bỏ hiệu lực văn bằng bảo hộ độc quyền kiểu dáng công nghiệp của tổ chức, cá nhân đó.

Những trường hợp hủy bỏ toàn bộ hiệu lực văn bằng bảo hộ độc quyền kiểu dáng:

  • Người nộp đơn đăng ký không có quyền đăng ký hoặc không được chuyển nhượng quyền đăng ký đối với kiểu dáng công nghiệp
  • Đối tượng sở hữu công nghiệp không đáp ứng đủ điều kiện đăng ký tại thời điểm đăng ký.

Trong trường hợp một phần của văn bằng bảo hộ độc quyền kiểu dáng công nghiệp không đáp ứng điều kiện bảo hộ thì văn bằng bảo hộ độc quyền kiểu dáng công nghiệp sẽ bị hủy bỏ hiệu lực đối với phần không đáp ứng điều kiện bảo hộ đó.

Theo quy định của pháp luật, cá nhân, tổ chức có quyền yêu cầu cơ quan nhà nước hủy bỏ hiệu lực đối với những văn bằng bảo hộ độc quyền kiểu dáng công nghiệp không đáp ứng đủ điều kiện bảo hộ. Tuy nhiên, cá nhân, tổ chức đó phải nộp phí và lệ phí yêu cầu hủy bỏ hiệu lực văn bằng bảo hộ độc quyền kiểu dáng công nghiệp theo quy định của pháp luật.

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