Accordingly, the applicants for registration of industrial property are allowed to authorize an organization or individual to carry out procedures for registration of industrial property on their behalf. However, the authorization of multiple organizations or individuals of which is not allowed to represent shall be considered invalid.
For an application for registration of geographic indications (GI), apart from a description of particular characteristics and quality of products bearing the GI, name and reputation of the products bearing the GI are also required to be included in the form.
Relating to industrial designs, this Circular supplements the definitions of two industrial designs are considered not significantly distinguishable and two industrial designs which are considered significantly distinguishable from each other. Accordingly:
- Two industrial designs are considered not significantly distinguishable when they are used for the same type of product and have the same gathering of substantial design features;
-Two industrial designs are considered significantly distinguishable from each other when they are used for different types of product or used for the same type of product but have at least one distinguishable substantial design feature.
This Circular takes effect from January 15th, 2018.
Accordingly, grounds for determining corporate names that infringe the industrial property rights shall comply with the law on intellectual property, and be concluded or decided by authorities competent to handle infringements or officials competent to impose administrative penalties in the field of industrial property (Article 4)
Within 30 days as from the issuance of the written conclusion on the corporate name that comprises elements infringing rights of brands, geographical indications and trade names that are protected, the infringement-handling authority shall facilitate the concerned parties in negotiating and reaching an agreement. If the concerned parties reach an agreement within the prescribed time-limit, the infringement-handling authority shall issue a notice recording such agreement and stop its settlement in this case
However, if the concerned parties cannot reach an agreement and the violator does not stop using the name infringing the industrial property rights, the holder of industrial property rights is entitled to propose the business registration office for requesting the violator to change its name or remove elements infringing the corporate name. Then, the violator shall carry out procedures for changing its name within 02 months as from receiving the notice of the business registration office (Article 9)
If after the prescribed time limit, the violating company has not changed its name, the infringement-handing authority shall grant a notice requesting the violating company to submit the explanatory report as regulated in Point c Clause 1 Article 209 of the Law on enterprises. After 06 months as from the end of the time-limit for submitting the explanatory report, if the violating company fails to submit such report as requested, the business registration office shall revoke the enterprise registration certificate according to the procedures stated in Clause 4 Article 63 of the Decree No. 78/2015/ND-CP
This Joint Circular takes effect from May 20th, 2016.
- Determination of illicit profit amounts earned through the commission of administrative violations;
- Infringements of provisions on indications of industrial property rights protection, industrial property representation, industrial property examination in Articles 6, 7 and 8 of Decree No. 99/2013/ND-CP;
- Acts infringing upon industrial property rights on the Internet, infringing upon rights to inventions, industrial designs, marks and trade names
This Circular takes effect from August 11th, 2015 and replaces Circular No. 37/2011/TT-BKHCN dated December 27th, 2011.
- For an application for registration of a collective mark or certification mark, in addition to the required documents, the application must also contain the following documents: Map showing the geographical area; Official letter of the provincial People’s Committee permitting such registration of a collective mark or certification mark as regulated (if the mark to be register is registration of a collective mark or certification mark containing the geographical name or other marks indicating the geographical origin of the local specialty).
- Time limit for examination of formality shall not include the time the applicant replies to the notice of the National Office of Intellectual Property (“NOIP”), specifically:
(i) The time from the date of the notice to the date when the applicant replies to the notice; or
(ii) The time indicated in the notice (including the prolonged time as regulated) in case the applicant fails to reply to the notice.
- Before issuing a notice on the intention of grant of protection title, NOIP shall observe the first-to-file rule as regulated. If the application does not satisfy the first-to-file rule shall be refused. In case all applications with the earliest filing or priority date refused, withdrawn, or considered withdrawn, the valid application with the earliest filing or priority date shall be examined as regulated.
- The notice on the intention of grant of protection title shall set a time limit of 01 month from the date of the notice for the applicant to pay fees and charges. The applicant may request for a prolonged time as regulated.
- The time for the applicant to replies to the notice shall be included in the time limit of examination of formality.
- If the applicant corrects or supplements the application documents or replies to the notice of the NOIP, the time limit for substantive examination shall be prolonged for a period of time during which the applicant does so, specifically as follows:
+ For inventions, no more than 06 months;
+ For trademarks, no more than 03 months;
+ For industrial designs, no more than 02 months and 10 days;
+ For geographical indications, no more than 02 months.
- Inspection of observance of the first-to-file rule for inventions, industrial designs, trademarks.
- Criteria to define geographical name, other marks indicating the geographical origin of the products and the authority to issue documents permitting the registration of a collective mark or certification mark containing the geographical name or other marks indicating the geographical origin of the local specialty of Vietnam.
This Circular shall be effective 45 days after the date of signing.
In his instruction, PM also requires municipal people’s committees to speed up assistance in terms of trademarks and geographical indications protection for local products and commodities
Finally, such relevant state bodies are asked to strengthen their inspection of enforcement of laws on industrial property and handling violations in this regard under their jurisdiction and authorization.