When applicants of invention or mark are
granted patent or trademark certificate, they are obliged to use these
subjects. The reason for this provision which is, the owner may not use patents
or trademarks in practical causing difficulties for the person who would like
to use the patent and trademark in reality but cannot register as others has
already registered.
Register utility solution in Vietnam
According to Article
136 Vietnam Law on intellectual property
clearly regulated on obligations of owner in using patent and trademark.
Firstly, to patent, the
owner is be obliged to manufacture protected products or apply protected
processes to satisfy the requirements of national defence and security, disease
prevention, and treatment and nutrition of the people or to meet other social
urgent needs. When the needs stipulated in this clause arise but an invention
owner fails to perform such obligation, the competent State body may license
such invention to others without permission from the invention owner in
accordance with the law.
Secondly, to trademark,
trademark holder is obliged to use trademark continuously. Trademark used under
a trademark use agreement by a transferee is also considered as an act of using
the holder’s trademark. In case the trademark is not used continuously for five
years or more, the Trademark Certificate of Registration shall be invalid.
Specifically, if the
trademark holder or the person who is allowed to use the trademark do not use
the trademark within continuous five years before the date of request to
terminate the validity without reasonable reason, except the using starts or
restarts at least 03 months up to date of having the termination of validity
request.
If
the client needs help with handling such complaint, our IP attorney in Vietnam at ANT Lawyers
will be of help.
