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THE MINISTRY
OF SCIENCE AND TECHNOLOGY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.:
01/2008/TT-BKHCN
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Hanoi,
February 25, 2008
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CIRCULAR
GUIDING GRANT AND REVOCATION OF INDUSTRIAL PROPERTY ASSESSOR
CARD AND CERTIFICATE OF ORGANIZATIONS ELIGIBLE TO OPERATE IN INDUSTRIAL
PROPERTY ASSESSMENT
Pursuant to the Government’s
Decree No. 54/2003/ND-CP, of May 19, 2003, defining the functions, tasks, powers
and organizational structure of the Ministry of Science and Technology and the
Government’s Decree No.28/2004/ND-CP, of January 16, 2004 on amending and
supplementing a number of articles of the Decree No. 54/2003/ND-CP;
Pursuant to the Government’s
Decree No. 105/2006/ND-CP, of September 22, 2006 detailing and guiding
implementation of a number of articles of Law on intellectual property
regarding intellectual property right protection and intellectual property
state management;
The Ministry of Science and
Technology guides grant and revocation of industrial property assessor card and
certificate of organizations eligible to operate in industrial property right
assessment (hereinafter referred to as “industrial property assessment”) as
follows:
I. CONDITION
AND FORM OF INDUSTRIAL PROPERTY ASSESSMENT ACTIVITIES
1. The specialized sectors of
industrial property assessment
The field of
industrial property assessment specified in point b clause 2 Article 39 of the
Decree No. 105/2006/ND-CP includes the following
specialized sectors:
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b) Assessment of industrial
designs;
c) Assessment of marks and
geographical indications;
d) Assessment of other industrial
property right.
2. Conditions of industrial
property assessor card grant.
Conditions to be granted
industrial property assessor card (hereinafter referred to as “assessor card”)
specified in clause 3, Article 44 of the Decree No. 105/2006/ND-CP are
construed as follows:
a) Having a university degree in
the area of assessment means having a university or postgraduate degree in
technical, science and physical, chemical or biological sectors for specialized
sectors of assessment of inventions and layout design of
semiconductor integrated circuit; having a university degree or postgraduate
degree in any sector for other specialized sectors of assessment.
b) Possessing good moral qualities
means not yet been handled administrative violations due to violations of law
on industrial property or actions breaching professional ethics and not liable
to criminal prosecution or have been condemned but not yet deleted criminal
records.
c) The industrial property
professional comprehension means being granted certificate of professional qualification to do as industrial
property assessor as prescribed in point c, clause 6 section II of this
Circular.
3. Operational
conditions for organizations of industrial property assessment
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4. Form of
industrial property assessment activities
An individual granted assessor
card may select only one in two operational forms specified in clause 1 Article
44 of the Decree No. 105/2006/ND-CP. In case individuals select operational
form under name of an industrial property assessment organization, such
assessors must be recognized in List of assessors in organization under
procedures for granting certificate of assessment organization and that
operational form recognized in List of industrial property assessors specified
in clause 6 section III of this Circular.
II. EXAMINATION
ON INDUSTRIAL PROPERTY
ASSESSMENT PROFESSIONAL QUALIFICATIONS
1. Contents of examination and subjects being exempted from examination on industrial property assessment
professional qualifications
a) Contents
of examination on assessment
professional qualifications specified in point d clause 3
Article 44 of the Decree No. 105/2006/ND-CP include subject on law on
industrial property and specialized subjects on assessment.
b) The subject on industrial
property law is content being examined compulsorily for all specialized sectors
on assessment.
Persons who have at least 15
consecutive years working as drafting and guiding execution of legal documents
on industrial property, settling disputes, complaints, denunciations,
inspections on industrial property at state management agencies of industrial
property, studying and teaching law on industrial property at organizations of
studying and training established and operate lawfully shall be exempted from
examination for subject on industrial property law.
c) The assessment specialized
subjects include assessment of inventions (including utility solution) and
layout designs of semiconductor integrated circuits, assessment of industrial
designs, assessment of marks and geographical indications (including goods
origin appellations) and assessment of other industrial property rights are
contents of examination for corresponding specialized assessments.
Persons who have at least 15
consecutive years working as explaining, guiding implementation of law
regulations, elaborating regulations, directly implementing or approving result
of appraisal (testing) of content of application for
registration of inventions (including utility solutions), application for
registration of industrial designs, application for trademark
registration, or application for geographical indication registration
(including goods origin appellations) at national or international industrial
property agencies, shall be exempted from examination for corresponding
specialized subject on assessment.
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a) The Minister of Science and
Technology shall issue decision on establishment of examination council
of industrial property assessment professional qualifications (hereinafter referred to as “The examination council”) on the basis
of proposal of Director of National Office of Intellectual Property. Chairperson of examination council is director
of the National Office of Intellectual
Property; members of examination council include persons with experiences and
professional prestige in industrial property sector.
b) The examination council shall
elaborate bank of exam questions (including answers and score frame), organize examination
terms and assess result of examination as prescribed in clauses 3, 5 and 6
section II of this Circular.
The examination council may use
stamp of the National Office of Intellectual Property in
order to serve examination work on industrial property assessment professional qualifications.
d) The National Office of Intellectual Property is an assisting agency of the examination
council, have duties specified in clause 3 and clause 5 section II of this
Circular and other duties under assignment of the chairperson of examination
council.
3. Organizing
examination
a) The National Office of Intellectual Property shall notify on its website and on a central
daily newspaper in three consecutive issuances about holding examination on industrial property professional qualifications,
in which stating clearly conditions to participate in examination, procedures
for submission of dossier, content of examination, duration, location of
examination.
b) The examination term must be
held within 3 months since there are at least 05 persons registering to
participate in examination with dossier of registration accepted as prescribed
in point a, clause 5 section II of this Circular.
c) The examination question shall
be selected randomly from bank of examination question specified in point b
clause 2 section II of this Circular.
4. Dossier
of registration for participation in
examination
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a) The declaration on registration
for participation in examination
on industrial property assessment professional qualifications, made in according to the Form specified in Annex I of this Circular;
b) Copy (authenticated) of
university degree or postgraduate degree;
c) Confirmation of working
duration, if the registrant to participate in examination has requirement to be
exempted from examination subject stated in point b and point c clause 1
section II of this Circular (being granted by agencies, organizations where
such person worked);
d) 02 3x4 cm photos;
e) Charge
and fee receipts.
5. Competence
of, procedures for consideration of dossier registering examination
participation
The national office of
intellectual property is agency receiving dossier of registration for participation in examination.
Within 15 days after receiving dossier, the national office of intellectual
property shall consider dossier in according to the following regulation:
a) In case dossier has sufficient
documents specified in clause 4, section II of this Circular and the registrant
meet fully condition to participate in examination, the Director of national
office of intellectual property shall issue a notification on acceptance of
dossier, in which stating clearly the plan on examination having been defined
or not yet been defined because not yet been sufficient registers to
participate in examination as prescribed in point b, clause 3 section II of
this Circular.
b) In case dossier has shortcoming or the registrant fails to satisfy fully condition to
participate in examination, the Director of National Office of Intellectual
Property shall issue notification of intending to refuse dossier, in which
stating clearly reason and defined time limit of 1 month since day of issuing
notification for registrant to fix shortcoming or giving opinion to oppose.
Upon expiring the defined time limit but registrant fails to fix shortcoming or
fails to meet requirement upon fixing shortcoming, has no
idea to oppose or has idea to oppose but not exact, the
Director of National Office of intellectual property shall issue an official
notification to refuse dossier, in which stating clearly reason of refusal.
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a) Exam papers shall be scored by
examination council in according to answers and score frame
of questions. The result of examination shall be approved
by the chairperson of Council.
b) Person getting exam score from
average or higher or being exempted from examination for exam subjects shall be
considered as meet requirement for such exam subjects.
c) Within 2 months from the day of
examination, the chairperson of Examination Council shall notify result of
examination for exam participants and grant certificates of professional
qualifications to do as industrial property assessor,
which are made in according to Form in Annex V of this Circular, for persons
meeting requirements with respect to all exam subjects, in which clearly
stating the assessment specialized sector corresponding to exam subject and
defining the valid time of certificate (used as document to file dossier
requesting grant of assessor card) is 1 year as from the day of granting.
d) Within 12 days as from the day
of issuing notification on result of examination, the exam participants are
entitled to request the Examination Council to verify their exam papers and must pay charges for verification as
prescribed. The verification is implemented under principle of exam paper
grading.
III. COMPETENCE
OF, PROCEDURES FOR GRANT, REVOCATION OF ASSESSOR CARD
1. Competence
of grant, re-grant, revocation of assessor card, elaboration and publication of
list of industrial property assessors
Director of the National Office of
Intellectual Property has right to grant, re-grant, revoke
assessor cards, elaborate and publish list of industrial property assessors
under the procedures specified in clauses 3, 4, 5 and 6, section III of this
Circular.
The National Office of Intellectual Property is agency receiving and considering dossier
requesting for grant, re-grant, revocation of assessor cards as prescribed in
clauses 2, 3 and 4 section III of this Circular.
2. Dossier
requesting grant of assessor card
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a) The declaration on request for
grant of assessor card, made in according to the Form specified in Annex II of
this Circular;
b) The original or copy of
certificate of professional qualifications to do as industrial property
assessor which being granted by chairperson of Examination Council as
prescribed in point c, clause 6 section II of this Circular;
c) Copy of identification card;
d) 02 3x4 cm photos;
e) Charge
and fee receipts.
3. Procedures
for grant of assessor card
Within 1 month after receiving
dossier, the National Office of Intellectual Property
shall consider dossier in according to the following regulation:
a) In case dossier meeting
regulation on clause 2 section III of this Circular and the applicant meeting conditions specified in clause 2 section I of this Circular,
director of the national office of intellectual property shall issue decision
to grant assessor card, in which clearly stating full name, permanent
residence, number of identification card and assessment specialized sector of
the person being granted card.
b) In case dossier has shortcoming or the applicant for assessor card fails to satisfy
conditions specified in clause 2 section I of this Circular, the Director of
National Office of Intellectual Property shall issue notification of intending
to refuse dossier, in which stating clearly reason and defining time limit of 1
month from the day of issuing notification for applicant for assessor card to
fix shortcoming or giving opinion to oppose. Upon expiring the defined time limit
but the applicant for assessor card fails to fix shortcoming or fails to meet
requirement upon fixing shortcoming, has no idea to oppose
or has idea to oppose but not exact, the Director of
National Office of intellectual property shall issue a decision to refuse grant
of assessor card, in which stating clearly reason of refusal.
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4. Re-grant
of assessor card
a) At the request of assessor,
director of the National Office of Intellectual Property
shall issue decision on re-grant of assessor card in case the assessor card is
lost, error, so corrupted (torn, soiled, faded, etc) that
not to use; or has changes about information recorded in assessor card as
prescribed in point a clause 3 section III of this Circular.
b) Assessors have obligation to
require the National Office of Intellectual Property to
re-grant their assessor card in order to record again changes in
above-mentioned point a.
c) Provisions in clause 2 and
clause 3 section III of this Circular shall be apply to procedures for re-grant
of assessor card; separately time limit for the National Office of Intellectual Property to consider dossier is 15 days, from the day of
receiving dossier.
d) In case the assessor card has
error which is caused by the National Office of Intellectual
Property, the National Office of Intellectual Property
shall re-grant card on free within 5 days after receiving requirement of person
issuing card.
5. Revocation
of assessor card
The director of National Office of
Intellectual Property shall issue decision on revocation of
assessor card in the following cases:
a) Having evidences to affirm that
the assessor card is granted contrary to provisions of law
b) Persons being granted assessor
card no longer meet conditions specified in clause 3, Article 44 of the Decree
No.105/2006/ND-CP and clause 2, section I of this Circular.
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d) Persons being granted assessor
card abandon assessment operation.
6. Compilation
and announcement of list of industrial property assessors, notification of
changes of information relating to assessor cards
a) The National Office of Intellectual Property shall set up List of industrial property
assessors, record, delete name of assessor in the List of industrial property
assessors in according to decisions on grant, re-grant, revocation of assessor
cards, record the operational form of assessors in conformity with the List of
organizations of industrial property assessment specified in point 6 section IV
of this Circular. The List of industrial property assessors must be published in the Industrial
Property Official Gazette and on the website of the
national office of intellectual property together with the List of organizations
of industrial property assessment above-mentioned.
b) The National Office of Intellectual Property shall notify to Departments of Science and
Technology for information on changes relating to assessor cards of assessors operating
in corresponding local organizations of industrial property assessment in order
to serve work of grant, re-grant and revocation of certificate of assessment
organizations in localities.
IV. COMPETENCE
OF, PROCEDURES FOR GRANT, REVOCATION OF CERTIFICATE OF ASSESSMENT ORGANIZATION
1. Competence
of grant, re-grant, revocation of certificate of assessment organization,
compilation and publication of list of industrial property assessment
organizations
a) The director of National Office
of Intellectual Property has right to grant, re-grant, revoke certificate of
assessment organization, set up and publish list of industrial property
assessment organizations under procedures specified in clauses 3, 4, 5 and 6
section IV of this Circular for organizations registering science and
technology operation at the Ministry of science and technology.
b) The directors of Departments of
Science and Technology have competence to grant, re-grant, revoke certificates
of assessment organizations under procedures specified in clauses 3, 4 and 5
section IV of this Circular for organizations registering science and
technology operation at the Ministry of Science and Technology.
c) The National Office of
Intellectual Property, Departments of Science and Technology are agencies
receiving and considering dossier requesting for grant of certificate
of assessment organization under corresponding competence specified in point a
and point b above-mentioned.
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Dossier requesting for grant of
certificate of assessment organization includes the following documents:
a) The declaration on request for
grant of certificate of assessment organization, made in according to the Form
specified in Annex III of this Circular;
b) Copy (authenticated) of
registration of science-techniological orperation specified in point b clause 3
Article 42 of the Decree No. 105/2006/ND-CP;
c) Copies (authenticated) of
decisions on recruitment or labor contracts between organization and industrial
property assessors operating for organization;
d) Charge
and fee reeipts.
3. Procedures
for grant of certificate of assessment organization
Within 1 month after receiving dossier,
the National Office of Intellectual Property, Departments
of Science and Technology must consider dossier in according to the following
provisions:
a) In case dossier meets
provisions in clause 2 section IV of this Circular and organization meets conditions
specified in clause 3 section I of this Circular, the director of National
Office of Intellectual Property, directors of Departments of Science and
Technology shall issue decision on grant of certificate of assessment
organization, in which clearly stating full name, transaction name, address of
organization and assessment specialized sectors of organization corresponding
to assessment specialized sectors of sessors of organization, list of
industrial property assessors being members of organization.
b) In case dossier has shortcoming or organization fails to satisfy conditions specified in
clause 3 section I of this Circular, the Director of National office of
intellectual property, directors of Department of science and technology shall
issue notification of intending to refuse dossier, in which stating clearly
reason and defining time limit of 1 month from the day of issuing notification
for organization applying dossier to fix shortcoming or give opinion to oppose.
Upon expiring the defined time limit but the organization fails to fix
shortcoming or fails to meet requirement upon fixing shortcoming, has no idea to oppose or has idea to oppose but not
exact, the Director of National Office of intellectual property, directors of
Department of science and technology shall issue a decision to refuse grant of
certificate of assessment organization, in which stating clearly reason of
refusal.
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4. Re-grant
of certificate of assessment organization
a) At the request of assessement
organizations, director of the national office of intellectual property,
directors of Departments of science and technology shall issue decision on
re-grant of certificate of assessment organizations in case the certificates
are lost, error, so corrupted (torn, soiled, faded, etc) that not to use; or
have changes relating to information recorded in certificate as prescribed in
point a clause 3 section IV of this Circular.
b) The assessment organizations
have obligation to do procedures to request agencies having granted
certificates of assessment organizations to regrant certificate in order to
record again changes mentioned in point 1 this clause.
c) Provisions in clause 2 and
clause 3 section IV of this Circular shall be apply to procedures for re-grant
of assessment organization; separately time limit for the national office of
intellectual property, Departments of science and technology to consider
dossier is 15 days, from the day of receiving dossier.
d) In case the certificate of
assessment organization has error which is caused by the National Office of
Intellectual Property, or Department of Science and Technology
which has granted that certificate, the agency granted that certificate shall
re-grant certificate on free within 5 days after receiving requirement of
assessment organization.
5. Revocation
of certificate of assessment organization
The director of National Office of
Intellectual Property, directors of Departments of Science and
Technology shall issue decision on revocation of certificate of assessment
organization in the following cases:
a) Having evidences to affirm that
the certificate has been granted contrary to provisions of law;
b) Organization no longer meets
conditions specified in clause 3 section I of this Circular;
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6. Compilation
and publication of list of industrial property assessment organizations,
notification on changes relating to certificate of assessment organization
a) The National Office of Intellectual Property shall set up List of industrial property
assessment organizations, record and delete name of property assessment
organizations in List of industrial property assessment organizations according
to decisions on grant, re-grant, revocation of certificate of assessment
organization and publish in the Industrial Property Official Gazette and on the website of the national office of intellectual property.
b) The Departments of Science and Technology shall notify for the National Office of
Intellectual Property all information about grant, re-grant, revocation of
certificate of assessment organization in order to serve for compilation of
List of industrial property assessment organizations mentioned in point a this
clause.
V.
IMPLEMENTATION
1. Complaints,
denunciations
Complaints and handling of
complaints; denunciations and handling of denunciations for actions breaching
law relating to implementation of procedures for grant, re-grant, revocation of
assessor card, certificate of assessment organization are implemented as
prescribed by law on complaints, denunciations.
2. Charges
and Fees
Collection, remittance, management
and use of charges, fees for examination on assessment professional qualifications, appraisal
of dossiers of grant, re-grant of assessor card and certificate of assessment
organization specified in this Circular are temporarily applied under
corresponding regulations in respect to the industrial property representation
service in the Circular No. 132/2004/TT-BTC, of December 30, 2004 of the
Ministry of Finance guiding regime of collection, remittance, management and
use of charges, fees on industrial property until having other regulation.
3. Effectiveness
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In the course of implementation,
any arising problems should be reported to the Ministry of Science and
Technology for research and settlement.
FOR THE MINISTER OF SCIENCE AND TECHNOLOGY
DEPUTY MINISTER
Nguyen Quan