ASEAN Briefing, Nov. 30, 2020: Vietnam Intellectual Property Office Issues New Regulation on Document Signing
- The Intellectual Property Office of Vietnam (VNIPO) issued Notice 13822, which tightens the requirements for legal representatives of IP applicants/owners to sign documents on their behalf.
- The government hopes this will ensure greater quality and validity in the type of IP applications in addition to its efforts in developing a more comprehensive IP system.
- The new regulation is set to impact both local and foreign IP applicants/owners pursuing IP registration in Vietnam.
On November 23, 2020, the Intellectual Property Office of Vietnam (VNIPO) issued Notice No. 13822/TB-SHTT (Notice 13822), which tightens the requirements for legal representatives of IP applicants/owners to sign documents on their behalf.
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CIRCULAR No. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007,
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S
DECREE No. 103/2006/ND-CP OF SEPTEMBER 22, 2006, DETAILING
AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY
REGARDING INDUSTRIAL PROPERTY
Chapter I
PROCEDURES FOR ESTABLISHMENT OF INDUSTRIAL PROPERTY RIGHTS
Section 1. GENERAL PROVISIONS ON PROCEDURES FOR ESTABLISHMENT OF INDUSTRIAL PROPERTY RIGHTS
1. Grounds for establishment of industrial property rights
1.1. Industrial property rights arise/are established on the grounds specified in Clause 3, Article 6 of the November 29, 2005 Law on Intellectual Property (hereinafter referred to as the Intellectual Property Law), Clauses 1, 2, 3 and 4, Article 6 of the Government’s Decree No. 103/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of a number of articles of the Intellectual Property Law regarding industrial property (hereinafter referred to as the Decree on industrial property) and specific provisions of this Point.
1.2. Industrial property rights to inventions, layout designs of semi-conductor integrated circuits (hereinafter referred to as layout designs), industrial designs and marks shall be established under decisions of the National Office of Intellectual Property (NOIP) on the grant of protection titles to persons that register those objects. Persons who are granted protection titles by the NOIP are owners and enjoy the rights to industrial property objects within the protection coverage stated in and the validity duration of protection titles. Upon occurrence of a dispute, the owner of an industrial property object may use the protection title as evidence to prove his/her/its rights without having to invoke any other proofs.
1.3. Industrial property rights to geographical indications shall be established under decisions of the NOIP on the grant of certificates of registered geographical indications to organizations managing those geographical indications.
1.4. Industrial property rights to marks internationally registered under the Madrid Agreement and the Madrid Protocol (hereinafter referred to as internationally registered marks) shall be established under decisions on acceptance for protection or certificates of protection in Vietnam of internationally registered marks granted by the NOIP upon the request of mark proprietors. These decisions and certificates are as valid as protection titles granted to persons registering marks in Vietnam.
1.5. Industrial property rights to well-known marks shall be established on the basis of their actual public use that has made them well known, and for those marks the registration with the NOIP is not required. While exercising the rights to and upon the settlement of a dispute over a well-known mark, its proprietor shall evidence his/her/its rights with appropriate proofs specified in Article 75 of the Intellectual Property Law.
1.6. Industrial property rights to trade names shall be established on the basis of the lawful use of those trade names, and for those trade names the procedures for registration with the NOIP is not required. While exercising the rights to and upon the settlement of a dispute over, a trade name, the entity owning that trade name shall evidence his/her/its rights with proofs indicating the period of time, territory and field in which the trade name has been used by that entity.
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1.7. Industrial property rights to business secrets shall be established on the basis of financial investment and intellectual labor or the results of other lawful activities aimed to find, create or acquire information constituting business secrets and keep confidential such information, and for those business secrets the registration with the NOIP is not required. While exercising the rights to and upon the settlement of a dispute over rights to a business secret, the entity owning that business secret shall evidence his/her/its rights with proofs indicating activities in which information constituting the business secret has been created, found or acquired as well as the measure to keep confidential such information.
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1.8. The right to suppression of unfair competition shall be established on the actual situation of competitive practices, and for that right the registration with the NOIP is not required. While exercising the right to suppression of unfair competition, right holders shall evidence their right with proofs indicating business entities, fields, territories and periods of time related to competitive practices.
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MOST (May, 14, 2020): Viet Nam’s Intellectual Property Strategy until 2030: Driving force for development of intellectual property assets
With the promulgation of the Intellectual Property (IP) Strategy until 2030, Vietnam's IP system is expected to have great development which creates a driving force for innovation as well as dissemination of creative products, thereby enriching intellectual property (IP) assets - a resource of national internal power directly serving for sustainable development (...)
Objectives of developing IP system of Viet Nam until 2030
1) By 2030, Viet Nam will belong to the group of leading ASEAN countries in terms of creation, protection and exploitation of intellectual property rights (IPR);
2) Establishment of industrial property rights and plant variety rights should ensure rapidity, transparency, equity and timely meet the needs of enterprises and the society;
3) Effectiveness of IPR enforcement should be significantly improved; the status of intellectual property infringement should be considerably decreased;
4) New IP assets of Vietnamese individuals and organizations will increase rapidly in quantity and quality; IP-related indicators of Viet Nam in the Global Innovation Index (GII) will be substantially improved: number of patent applications and granted protection tiles will grow by an average of 16 - 18% per year; number of industrial design applications will grow by an average of 6-8 % per year; number of trademark applications will grow by an average of 8 - 10% per year; number of applications for protection of plant varieties will grow by an average of 12 -14% per year, 10 - 12% of these applications will be filed abroad, etc.
5) Effectiveness of IP utilization should be enhanced; number of IP-intensive products: 8-10% patents will be commercially exploited; at least 1 - 2 plant varieties should be exploited abroad; developing a number of IP-intensive industries; number of enterprises effectively using IP tools in their production and business increased significantly; striving for the revenue of cultural industries based on copyright and related rights by 2030 to contribute about 7% of GDP etc.
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