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.
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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.
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