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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.:
04/2012/TT-BKHCN
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Hanoi,
February 13, 2012
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CIRCULAR
AMENDING
AND SUPPLEMENTING SOME PROVISIONS OF THE CIRCULAR NO. 01/2008/TT-BKHCN, OF
FEBRUARY 25, 2008 GUIDING GRANT AND REVOCATION OF INDUSTRIAL PROPERTY ASSESSOR
CARD AND CERTIFICATE OF ORGANIZATION ELIGIBLE TO OPERATE IN INDUSTRIAL PROPERTY
ASSESSMENT, BEING AMENDED AND SUPPLEMENTED BY THE CIRCULAR NO.
04/2009/TT-BKHCN, OF MARCH 27, 2009 AND THE CIRCULAR NO. 18/2011/TT-BKHCN, OF
JULY 22, 2011
Pursuant to the Law on
intellectual property No. 50/2005/QH11, of November 29, 2005 and the Law No.
36/2009/QH12, of June 19, 2009 amending and supplementing a number of articles
of the Law on intellectual property, of November 29, 2005 ( hereinafter
referred to as “the Law on intellectual property”);
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 and the Government's Decree No. 119/2010/ND-CP, of December
30, 2010 amending and supplementing a number of articles of the Decree No.
105/2006/ND-CP (hereinafter referred to as “the amended Decree No.
105/2006/ND-CP”);
Pursuant to the Government’s
Decree No. 28/2008/ND-CP, of March 14, 2008, defining the functions, tasks,
powers and organizational structure of the Ministry of science and technology;
The Minister of science and
technology amends and supplements some provisions of the Circular No.
01/2008/TT-BKHCN, of February 25, 2008 guiding grant and revocation of industrial
property assessor card and certificate of organization eligible to operate in
industrial property assessment, being amended and supplemented by the Circular
No. 04/2009/TT-BKHCN, of March 27, 2009 and the Circular No. 18/2011/TT-BKHCN,
of July 22, 2011 (hereinafter referred to as "the Circular No.
01/2008/TT-BKHCN") as follows:
Article 1. To amend and supplement
some provisions of the Circular No. 01/2008/TT-BKHCN:
1. To amend clause 1 section I of the
Circular No. 01/2008/TT-BKHCN as follows:
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The field of industrial property
assessment specified in Article 201 of the Law on intellectual property and
point b clause 2 Article 39 of the amended Decree No. 105/2006/ND-CP includes
the following specialized sectors:
a) Assessment on inventions and
layout designs of semiconductor integrated circuits;
b) Assessment of industrial designs;
c) Assessment of marks and
geographical indications;
d) Assessment of other industrial
property right".
2. To amend, supplement clause 2
section I of the Circular No. 01/2008/TT-BKHCN as follows:
“2. Condition to grant industrial
property assessor card and forms of assessment activities
2.1. Conditions to be granted
industrial property assessor card (hereinafter referred to as “assessor card”)
specified in clause 3, Article 201 of the Law on intellectual property are
construed as follows:
a) Condition of “Permanently residing
in Vietnam” means having a sustainable and permanent living place without time
limit in Vietnam and having registered for permanent residence as prescribed by
law on residence;
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c) Condition of “Possessing a university or higher degree in the specialized area of field
requesting to be granted the assessor card" means having a university
degree or postgraduate degree in technical, science and physical, chemical or
biological sectors for specialized sectors of assessment of invention and
layout design of semiconductor integrated circuit; having a university degree
or postgraduate degree in any sector for other specialized sectors of
assessment;
d) Condition of “having conducted
actual professional activities in domains which an assessor card is applied for
five years or more” means directly having conducted work of solving disputes,
complaints, inspections, examinations, legal affairs, consultancy on industrial property
law, science research with a title as researcher, teaching
on industrial property with a title as lecturer from 5 years or more, or being
persons who directly having conducted work of explaining, guiding
implementation of law, elaborating regulation, directly conducted or approved
results of appraisal of application for registration of inventions (including
utility solution), or application for registration of industrial designs, or
application for registration of trademarks or application for registration of
geographical indications (including goods origin appellations) at national or
international industrial property agencies from 5 years or more, or being
persons having practiced industrial property representation service from 5
years or more.
2.2. An industrial property assessor
may operate in an industrial property assessment organization under name of
such organization, or operate independently. In case operationg under name of
an industrial property assessment organization, information of 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.”
3. To amend, supplement clause 3
section I of the Circular No. 01/2008/TT-BKHCN as follows:
“3. Organizations being granted
certificate of organization eligible to operate in industrial property
assessment
3.1. Organizations meeting conditions
specified in clause 2 Article 201 of the Law on intellectual property are granted
certificates of organization eligible to operate in industrial property
assessment (hereinafter referred to as “certificate of assessment
organization”).
3.2. Organizations specified in
clause 1 Article 42 of the amended Decree No. 105/2006/ND-CP include the
following organizations:
a) Enterprises, including: limited
liability companies, joint-stock companies, partnerships and private
enterprises of all economic sectors established and operate as prescribed by
law on enterprises;
b) Cooperatives and
inter-cooperatives established and operate as prescribed by law on
cooperatives;
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d) Law-practicing organizations of
Vietnam established and operate as prescribed by law on lawyers, including:
Lawyers' offices; limited-liability law firms; law partnerships; except for
branches of foreign law-practicing organizations, limited-liability law firms
with 100% foreign capital, limited liability law firms under joint-venture
between law-practicing organizations of Vietnam and foreign law-practicing
organizations.
Branches and other dependent units of
organizations under cases specified in this clause may operate assessment only
under name of organizations which they depend on according to authorization of
those organizations”.
4. To cancel clause 4 section I of
the Circular No. 01/2008/TT-BKHCN.
5. To amend point a clause 1 section
II of the Circular No. 01/2008/TT-BKHCN as follows:
“a) Contents of inspection of
assessment professional skills specified in clause 3 Article 201 of the Law on
intellectual property include subject on law on industrial property and
specialized subjects on assessment.”
6. To amend clause 5 section III of
the Circular No. 01/2008/TT-BKHCN as follows:
“5. Revocation of assessor card
The director of National Office of
Intellectual Property shall issue decisions 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;
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c) Persons being granted assessor
card abandon assessment operation”.
7. To amend clause 1 section IV of
the Circular No. 01/2008/TT-BKHCN as follows:
“1. Competence of grant, re-grant,
revocation of certificate of assessment organization
a) The director of National Office of
Intellectual Property has right to grant, re-grant, revoke certificates of
assessment organization as prescribed in clauses 2, 3, 4 and 5 section IV of
this Circular for non-business units being science and technology organizations
registered 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 organization as prescribed in clauses 2, 3, 4 and 5 section IV of
this Circular for organizations specified in clause 3 section I of this
Circular registered trading and operation at competent state agencies of their
localities.
c) The National Office of
Intellectual Property, Departments of Science and Technology are agencies
receiving and considering dossiers requesting for grant of certificate of
assessment organization under corresponding competence specified in point a and
point b above-mentioned”.
8. To amend point b, clause 2 section
IV of the Circular No. 01/2008/TT-BKHCN as follows:
“2. Dossier requesting for grant of
certificate of assessment organization includes a set of documents as follows:
b) Copies of Enterprise registration
certificate (for enterprises), Certificate of Business registration (for
cooperatives, inter-cooperatives), Certificate of registration of
science-techniological orperation (for non-business units being science and
technology organizations), decision on establishment and operation registration
(in case law prescribed compulsorily operation registration – for non-business
units not being science and technology organizations) or Operation registration
for law-practicing organizations (present originals for comparison, unless
copies have been authenticated).
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“Charges and Fees
Collection, remittance, management
and use of charges, fees in examination of assessment professional skills,
appraisal of dossiers of grant, re-grant of assessor card and certificate of assessment
organization specified in this Circular are implemented as prescribed in the
Circular No. 22/2009/TT-BTC, of February 04, 2009, of the Ministry of Finance
stipulating rates, the collection, remittance, management and use of industrial
property charges and fees".
Article 2. Effectiveness
This Circular takes effect after 45
days from the day of signing.
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
Tran Van Tung