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Chấm dứt hiệu lực của văn bằng kiểu dáng công nghiệp

Posted on by Naci Law
03
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Chấm dứt hiệu lực của văn bằng kiểu dáng công nghiệp. Bằng bảo hộ độc quyền kiểu dáng công nghiệp có hiệu lực từ ngày cấp đến hết năm năm kể từ ngày nộp đơn, có thể gia hạn hai lần liên tiếp, mỗi lần gia hạn là năm năm. Vậy những trường hợp nào được coi là chấm dứt hiệu lực của Bằng bảo hộ độc quyền kiểu dáng công nghiệp? Cần tiến hành những thủ tục nào để yêu cầu chấm dứt hiệu lực của Bằng bảo hộ độc quyền kiểu dáng công nghiệp?

Các trường hợp được coi là chấm dứt hiệu lực của Bằng bảo hộ độc quyền kiểu dáng công nghiệp:

  • Chủ sở hữu Bằng bảo hộ độc quyền kiểu dáng công nghiệp không tiến hành gia hạn hiệu lực của văn bằng.
  • Chủ sở hữu tuyên bố từ bỏ quyền sở hữu đối với Bằng bảo hộ độc quyền kiểu dáng công nghiệp
  • Chủ sở hữu Bằng bảo hộ độc quyền kiểu dáng công nghiệp không còn tồn tại hoặc không còn hoạt động kinh doanh mà không có người thừa kế hợp pháp.

Chủ sở hữu Bằng bảo hộ độc quyền kiểu dáng công nghiệp có yêu cầu chấm dứt hiệu lực của văn bằng thì cần phải có văn bản yêu cầu chấm dứt hiệu lực của văn bằng gửi lên cục Sở hữu trí tuệ.

Văn bản yêu cầu chấm dứt hiệu lực của văn bằng cần có các tài liệu sau:

  • Tờ khai yêu cầu chấm dứt hiệu lực của văn bằng
  • Chứng cứ
  • Giấy ủy quyền ( trong trường hợp thông qua đại diện sở hữu công nghiệp)
  • Bản giải trình lý do yêu cầu
  • Hóa đơn, chứng từ phí, lệ phí.

 

Naci Law

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