Licensing of industrial property subject in general or of
trademark in specific is regulated in Intellectual Property law. Accordingly,
in trademark licensing, the owner (licensor) grants permission to another
(licensee) to use that trademark on mutually agreed terms and conditions. The
must be established in written form to avoid dispute in trademark licensing in Vietnam.
Trademark licensing in Vietnam
Accordingly, licensing of trademark includes the following types:
exclusive contract, non-exclusive contract; sub-license contract.
Firstly, exclusive contract means a contract under which, within
the licensing scope and term, the licensee shall have the exclusive right to
use the licensed trademark while the licensor may neither enter into any
trademark license contract with any third party nor, without permission from
the licensee, use such trademark.
Secondly, non-exclusive contract means a contract under which,
within the licensing scope and term, the licensor shall still have the right to
use the trademark and to enter into a non-exclusive trademark license contract
with others.
Thirdly, trademark sub-license contract means a contract under
which the licensor is a licensee of the right to use such trademark pursuant to
another contract.
In any type of the contracts, it is required to have the following
contents: full names and addresses of the licensor and of the licensee; grounds
for licensing; contract type; licensing scope including limitations on use
right and territorial limitations; contract term; licensing price; rights and
obligations of the licensor and of the licensee.
Besides the above contents, the parties also need to take note on
the validity of this contract. Different from assignment contract of trademark
when it is required to register at National office of Intellectual Property of
Vietnam to take effect, the licensing contract of trademark does not required
this kind of registration for taking effect. Licensing contract shall
automatically be terminated upon the termination of the licensor’s trademark
right.
If Client needs any more information or request for legal advice
regarding licensing of trademark or dispute in trademark licensing contract,
our Trademark attorneys in Vietnam at
ANT Lawyers will be of help.
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