Thực hiện chuyển nhượng quyền sở hữu công nghiệp

Thực hiện chuyển nhượng quyền sở hữu công nghiệp. Hiểu một cách đơn giản, quyền sở hữu công nghiệp là quyền sở hữu của tổ chức, cá nhân đối với các đối tượng bao gồm: sáng chế, nhãn hiệu, tên thương mại, thiết kế bố trí mạch tích họp bán dẫn, bí mật kinh doanh, chỉ dẫn địa lý bao gồm quyền chiếm hữu, sử dụng, định đoạt.

Theo đó, tổ chức, cá nhân có quyền sở hữu công nghiệp có thể chuyển giao quyền này cho chủ thể khác. Tuy nhiên, việc chuyển nhượng này phải tuân theo các quy định của pháp luật. Cụ thể là:

Thứ nhất, về hình thức chuyển nhượng: Việc chuyển nhượng phải được thể hiện dưới dạng hợp đồng băng văn bản.

Thứ hai, việc chuyển nhượng quyền sở hữu công nghiệp chỉ được pháp luật thừa nhận nếu không vi phạm những hạn chế sau:

  • Chủ sở hữu chỉ chuyển nhượng những quyền mà mình được bảo hộ.
  • Không được chuyển nhượng quyền đối với chỉ dẫn địa lý.
  • Việc chuyển nhượng quyền đối với tên thương mại phải được thực hiện cùng với việc chuyển nhượng tòa bộ cơ sở kinh doanh và hoạt động kinh doanh mang tên thương mại đó.
  • Việc chuyển nhượng quyền đối với nhãn hiệu chỉ được thực hiện đối với tổ chức, cá nhân đáp ứng các điều kiện đối với người có quyền đăng ký nhãn hiệu đó.

Thứ ba, hợp đồng chuyển nhượng quyền sở hữu công nghiệp phải chứa đầy đủ các nội dung sau:

  • Tên, địa chỉ cụ thể của các bên trong hợp đồng.
  • Căn cứ chuyển nhượng.
  • Giá cả.
  • Quyền và nghĩa vụ của các bên trong hợp đồng.
  •  Đối với sáng chế, kiểu dáng công nghiệp, thiết kế bố trí, nhãn hiệu thì hợp đồng chuyển nhượng quyền sở hữu công nghiệp của các đối tượng này chỉ có hiệu lực khi đã được đăng ký tại Cục sở hữu trí tuệ.

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