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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
06/2001/ND-CP
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Hanoi,
February 01, 2001
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DECREE
AMENDING AND
SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE No. 63/CP OF
OCTOBER 24, 1996 SPECIFYING THE INDUSTRIAL PROPERTY
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on
Organization of the Government;
Pursuant to the October 28, 1995 Civil Code and the Resolution on the implementation
of the Civil Code, adopted by the IXth National Assembly at its 8th session;
Pursuant to December 2, 1998 Law No. 09/1998/QH10 on Complaints and
Denunciations;
In order to contribute to enhancing the full and effective protection of
industrial property rights over inventions, utility solutions, industrial
designs, trademarks and goods origin appellations;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
Article 1.- To amend and
supplement a number of articles of the Governments Decree No. 63/CP specifying
the industrial property (hereinafter called Decree No. 63/CP) as follows:
1. Article 1 of Decree No. 63/CP is amended
as follows:
"Article 1.- Purpose and scope of
regulation
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The provisions of this Decree shall apply only
to inventions, utility solutions, industrial designs, trademarks, goods origin
appellations but not to other industrial property objects."
2. Article 2 of Decree No. 63/CP is added
with the following Clause 8A and Clause 8B : :
"8A. "Joint marks" are similar
trademarks registered by the same subject for use with products or services
being of the same or similar kinds, or inter-related, and identical trademarks
registered by the same subject for use with products or services being of
similar kinds or inter-related.
8B. "Well-known marks" are trademarks
that are used continuously for prestigious products or services so that they
become widely known."
3. Clause 4, Article 4 of Decree No. 63/CP is
amended at the last paragraph and added with one paragraph at its end as
follows:
"- Methods of prevention, diagnosis and
treatment of human and/or animal diseases;
- Processes of biological nature (except micro-organic
process) for production of plants and animals."
4. Point f, Clause 1, Article 6 of Decree No.
63/CP is amended as follows:
"f/ Neither identical with nor confusingly
similar to a protected trade name of another person, or with/to the protected
geographical indications (including goods origin appellations);"
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"3. Industrial property rights to
well-known marks shall arise on the basis of competent State bodies decisions
on recognition of such well-known marks."
6. Article 9 of Decree No. 63/CP is amended
and supplemented with Clause 3 as follows:
"Article 9.- Titles of
protection, registration of goods origin appellations, acceptance to protect
internationally registered trademarks, and recognition of well-known
marks."
1. Title of protection granted by the competent
State body is the sole certificate of the State to certify the industrial
property rights of the grantee, the rights of the author of an invention,
utility solution or industrial design and to certify the scope of protection of
the industrial property rights.
Titles of protection shall be valid in the whole
territory of the Socialist Republic of Vietnam.
The National Office of Industrial Property under
the Ministry of Science, Technology and Environment is the above-said competent
State body.
2. Forms of title of protection and valid
duration
a/ The title of protection of an invention is
the patent for the invention, which is valid from the issuing date till the end
of the 20-year duration starting from the date of filing the proper
application;
b/ The title of protection of a utility solution
is the patent for the utility solution, which is valid from the issuing date
till the end of the 10-year duration starting from the date of filing the
proper application;
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d/ The title of protection of a trademark is the
trademark registration certificate which is valid from the issuing date till
the end of the 10-year duration starting from the date of filing the proper
application, and can be extended for many consecutive times, 10 years for each
time,
e/ The title of protection of a goods origin
appellation is the certificate of the right to use the goods origin appellation,
which is valid indefinitely as from the issuing date;
3. Decisions on acceptance to protect goods
origin appellations, internationally registered trademarks and well-known marks
Decisions on registration of goods origin
appellations, decisions on acceptance to protect internationally registered
marks, decisions on recognition of well-known marks, issued by the competent
State body, shall serve as basis for certification of the relevant origin
appellations or trademarks protected by the State and for determination of the
scope of protection for these objects.
The National Office of Industrial Property under
the Ministry of Science, Technology and Environment is the above-said competent
State body."
7. Article 10 of Decree No. 63/CP is amended
as follows:
"Article 10.- Term of
protection; provisional rights of owners of inventions, utility solutions or
industrial designs:
1. Industrial property rights and rights of
authors of inventions, utility solutions or industrial designs, established on
the basis of the titles of protection, shall be protected by the State as from
the issuing date of the titles of protection till the date of expiration or
termination of validity of the titles of protection.
Industrial property rights over trademarks,
established on the basis of international registration, shall be protected by
the State from the date on which such international registration is published
in the International Trademarks Gazette of the World Intellectual Property
Organization till the date of expiration of validity of such international
registration under the Madrid Agreement.
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Goods origin appellations shall be protected
indefinitely as from the date the competent State body issues the decisions on
registration of the goods origin appellations, except cases where appear
factors that negate their distinctive characteristics prescribed in Clause 2.e,
Article 28 of this Decree.
2. During the time from the date of publication
of the application for the title of protection of an invention, utility
solution or industrial design in the Industrial Property Gazette to the date of
issuing of the title of protection, if a person commences to use an invention,
utility solution, industrial design, which is identical with the invention,
utility solution, industrial design described in the application, the applicant
shall be entitled to notify such user of the filed application. If, in spite of
the above notification, the user continues using the invention, utility
solution, industrial design, the owner of the title of protection, after being
granted the title of protection, shall be entitled to request such user to pay
a pecuniary compensation equivalent to the payment for the transfer of the
right to use the industrial property object in question (licensing) to another
person in a corresponding period of time."
8. Clause 1, Article 11 of Decree No. 63/CP
is amended as follows:
"1. Application for the title of protection
is a set of documents expressing the applicants request for the title of
protection of an invention, utility solution, industrial design, trademark or
goods origin appellation with the corresponding contents and scope of
protection, or for registration of a goods origin appellation or recognition of
a well-know mark."
9. Article 13 of Decree No. 63/CP is amended
in its heading and supplemented with Clause 1 as follows:
"Article 13.- Conversion of
the application for the title of protection of an invention into the
application for the title of protection of a utility solution and vice versa
1. Before completion of the content examination,
at the applicants request, the application for the title of protection of an
invention may be converted into the one for the title of protection of a
utility solution and vice versa. All data relating to the filing date and the
priority date of the application shall be determined according to the
pre-conversion application. The applicant shall have to pay an application
conversion fee.
2. Within 3 months from the date of notification
of the rejection of granting an invention patent, and at the applicants
request, the application for the title of protection of an invention can be
converted into the one for the title of protection of a utility solution. All
data relating to the filing date and priority date of the application shall
remain unchanged. If the application for the title of protection of an
invention is converted, the fees already paid for filing of the application and
for examination shall not be refunded and the applicant shall have to pay an
application conversion fee."
10. Clause 3, Article 14 of Decree No. 63/CP
is supplemented with the following Item d:
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11. Clause 2 and Clause 4, Article 18 of
Decree No. 63/CP are amended as follows:
"2. All applications for titles of
protection, which have been recognized as proper, shall be published by the
National Office of Industrial Property in the Industrial Property
Gazette."
"4. Procedures and time limits for the
examination of the form, publication and examination of the contents of the
applications for titles of protection shall be prescribed by the Minister of
Science, Technology and Environment."
12. Clause 3, Article 23 of Decree No. 63/CP
is amended as follows:
"3. If the applicant for the title of
protection of a goods origin appellation satisfies all criteria for use of the
goods origin appellation which has been entered into the national register, the
National Office of Industrial Property shall issue the decision to grant the
certificate of the right to use the goods origin appellation, clearly stating
the grantee�s name and
address; the serial number of the application, the filing date, the name of the
industrial property representation service organization, the products bearing
the goods origin appellation that are manufactured by the grantee, the goods
origin appellation, the serial numbers of registration and of the
certificate."
13. Article 27 of Decree No. 63/CP is amended
as follows:
"Article 27.- Complaints
about decisions related to establishment of industrial property rights
1. The following persons shall have the right to
complain about the National Office of Industrial Propertys decisions, notices
related to establishment of industrial property rights.
a/ First-time complaints:
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The applicants for international registration of
trademarks under the Madrid Agreement shall be entitled to file to the director
of the National Office of Industrial Property their complaints about the
refusal to protect such trademarks in Vietnam.
The applicants for recognition of well-known
marks shall be entitled to file to the director of the National Office of
Industrial Property their complaints about the refusal to recognize well-known
marks.
Any third party that has rights and interests
directly related to the granting of titles of protection, the acceptance to
protect internationally registered trademarks under the Madrid Agreement or the
recognition of well-known marks shall be entitled to file complaints thereabout
to the director of the National Office of Industrial Property.
b/ Second-time complaints, initiation of
lawsuits:
If the first-time complainants disagree with
complaint-settling decisions of the director of the National Office of
Industrial Property, they may continue to file their complaints (second-time
complaints) to the Minister of Science, Technology and Environment or initiate
lawsuits according to administrative procedures.
2. The complaint must be made in writing,
clearly stating the complainant’s name (full name) and address; the serial
number, signing date and contents of the complained decision or notice; the
serial number of the relevant application for the title of protection; the
title of the object to be protected described in the application; the contents,
arguments and evidences to support the complaint arguments; specific proposals
on amendment or cancellation of the relevant decision or conclusion;
3. Statute of limitations for first-time
complaints
- 90 days from the date the person entitled to
complain receives or become aware of the refusal notice stated at Point a/,
Clause 1 of this Article, or
- Five years from the date the title of
protection or international registration becomes valid and throughout the
duration the industrial property rights to well-known marks are protected;
particularly for cases where the industrial property rights are established for
unhealthy motives of the applicants for such establishment, the statute of
limitations for complaints shall be the whole valid duration of the title of
protection or international registration.
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In cases where due to objective or force
majeure obstacles the complainant fails to exercise his/her right to lodge
complaint within the statute of limitations therefor, the time during which
such obstacles occur shall not be calculated into the statute of limitations
for complaint.
4. The time limits for settling first-time
complaints and second-time complaints shall be 30 days and 45 days
respectively, counting from the date of receipt of the written complaints. For
complicated cases, the time limits for settling first-time complaints and
second-time complaints may be 45 days and 60 days respectively, counting from
the date of receipt of the written complaints. The time for amending and
supplementing complaint dossiers must not be included in the above-said time
limits.
Written complaints shall be processed according
to the order and procedures prescribed in the Law on Complaints and
Denunciations. The complainants must pay complaint fees as prescribed."
14. Point e, Clause 2, Article 28 of Decree
No. 63/CP is amended as follows:
"e/ The geographical factors decisive to
distinctive characteristics have been changed, causing the loss of the
distinctiveness of such characteristics; in this case, the certificate of the
right to use the goods origin appellation and the decision on registration of
the goods origin appellation shall be suspended on the same date under the
decision of the National Office of Industrial Property;"
15. The first paragraph of Clause 2, Article
29 of Decree No. 63/CP is amended as follows:
"2. The validity of a title of protection
shall be entirely canceled when there emerge the following grounds to confirm
that the title of protection has been granted not in compliance the law
provisions that are effective at the time of granting such title of protection
for the following reasons:"
16. Article 30 of Decree No. 63/CP is
amended, and supplemented with Clause 2 as follows:
"Article 30.- Renewal of
validity of the titles of protection of industrial designs and trademarks
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2. The Minister of Science, Technology and
Environment shall prescribe the procedures for renewal of validity of the
titles of protection "
17. Point a, Clause 2, Article 31 of Decree
No. 63/CP is amended as follows:
"a/ Applications for the titles of
protection after such applications have been accepted to be valid;"
18. Clause 2, Article 33 of Decree No. 63/CP
is amended as follows:
"2. The owner of international registration
of a trademark under the Madrid Agreement, which has been accepted for
protection in Vietnam; Subjects having trademarks recognized as well-known
marks;"
19. Article 38 of Decree No. 63/CP has its
Clause 5 cancelled and Clause 4 amended as follows
"4. The transfer of industrial property
rights to trademarks must not cause confusion to distinctive characteristics or
the origin of goods or services bearing such trademarks.
The transfer of the right to own joint marks
shall be only effected simultaneously for all joint marks.
The transfer of the right to own well-known
marks must ensure the prestige of goods or services bearing such well-known
marks."
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"Article 41.- Prices, mode of
payment for transfer of industrial property rights
The price and mode of payment for transfer of
industrial property rights shall be agreed upon by the two parties in
accordance with the legislation on technology transfer.
21. Article 50 of Decree No. 63/CP is amended
in its Clause 1 and Clause 2 and supplemented with Clause 3 as follows:
"Article 50.- Rights of prior users of
inventions, utility solutions, industrial designs:
1. Where an individual, legal person or another
subject, before the date of filing of the application for the title of
protection of an invention, utility solution or industrial design, has used the
invention, utility solution or industrial design independently of the owner of
the industrial property object, that individual, legal person or other object
shall be entitled to continue such use within the scope and volume already used
before the date of filing of the application ("The prior use right").
The holder of the title of protection, the owner of the industrial property
object shall not be entitled to exercise the right to request the handling of,
initiate a lawsuit against, or the provisional right toward the individual,
legal person or other subject being the above prior user if the latter does not
extend the scope and/or volume of use as compared to before the date of filing
of the application.
2. Where an individual, legal person or another
subject, after the date of filing of the application for the title of
protection as stated in Clause 1 of this Article, extends the scope and/or
volume of use as compared to before such date, the extension shall not be
regarded under the prior use right."
3. The person with the prior use right shall not
be allowed to transfer such right to another person, except for cases where
he/she transfers the whole prior use right together with the business establishment
where the prior use is undertaken."
22. Clauses 2, 3, 6 and 8 of Article 51 of
Decree No. 63/CP are amended and supplemented as follows:
"2. The possessor of industrial property
rights shall be only forced to grant non-voluntary license in cases specified
in Article 802 of the Civil Code.
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The person forced to grant non-voluntary license
shall be entitled to request the suspension of the validity of such
non-voluntary license when the circumstance leading to the granting of such
license disappears and there is no possibility for it to reappear, on condition
that the validity suspension shall not cause damage to the grantee of
non-voluntary license."
"3. The Ministry of Science, Technology and
Environment is the body competent to consider applications for non-voluntary
license, issue decisions on compulsory granting of non-voluntary license and
issue decisions suspending the validity of non-voluntary license."
"6. In a decision on compulsory granting of
non-voluntary license, the Minister of Science, Technology and Environment
shall set licensing conditions conformable with the following provisions:
a/ Non-voluntary license is non-exclusive
license;
b/ Non-voluntary license shall be restricted
within the scope and time limit sufficient to satisfy the granting purpose of
such license;
c/ The grantee of non-voluntary license shall
not be allowed to transfer the use right under such license to another person,
except for cases he/she transfers it together with the business establishment
using such license, and shall not be allowed to grant secondary license to
another person;
d/ The grantee of non-voluntary license must pay
to the license grantor a sum of money equivalent to the economic value of the
use right under such license or to the price of contractual transfer of
voluntary license with a similar scope and duration.
The decision on compulsory granting of
non-voluntary license shall be published in the Industrial Property Gazette
within 1 month from the date of its signing."
8. The person who is forced to grant a
non-voluntary license shall be entitled to complain about the decision on the
grant of non-voluntary license to the Minister of Science, Technology and
Environment.
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The provisions on the procedures for lodging
complaints and settlement of complaints in Article 27 of this Decree shall also
apply to the complaints lodged to the Minister of Science, Technology and
Environment as prescribed in this Clause, where the Minister of Science,
Technology and Environment shall settle first-time complaints.
If disagreeing with the complaint-settling
decisions of the Minister of Science, Technology and Environment, the
complainants shall be entitled to either complain with the Prime Minister in
accordance with the Law on Complaints and Denunciations or initiate a lawsuit
according to administrative procedures."
23. Article 52 of Decree No. 63/CP is amended
and supplemented with Clause 2 as follows:
"Article 52.- Acts not
falling under the exclusive right of industrial property owners
1. Under Article 803 of the Civil Code, acts of
using an invention, utility solution or industrial design shall not fall under
the exclusive right of the industrial property owners who shall not be allowed
to exercise, as prescribed in Article 36 of this Decree, the right to request
the handling, or initiate a lawsuit against a third party who has done such
acts in the following cases:
a/ The use is made not for business purposes;
b/ The use of products circulated on the market,
even foreign market, by the owner of industrial property objects, the use right
transferee, the grantee of non-voluntary license or person with the prior use
right;
c/ The use is only for purposes of maintaining
operation of foreigners’ transport means in transit or temporary presence in
the Vietnamese territory.
2. The provisions at Point a/ and the
appropriate contents on trademarks and goods origin appellations prescribed at
Point b/, Clause 1 of this Article shall be also applicable to trademarks and
goods origin appellations."
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"1. Where one of the acts of using the
industrial property object during its protection duration as prescribed in
Article 805 of the Civil Code and specified in Article 34 of this Decree
without the permission of its owner is done by a person who is neither the
owner of such industrial property object nor the prior user as stipulated in
Article 50 of this Decree and such act does not fall within the cases specified
in Articles 51 and 52 of this Decree, it shall be regarded as infringement upon
the industrial property rights.
The following acts shall be also regarded as
infringement upon the rights of industrial property owners:
a/ Using industrial designs which are basically
not different from the protected industrial designs;
b/ Using signs identical with the trademark
protected under a trademark registration certificate or international
registration for a goods or service similar or related to a goods or service on
the list of registration list enclosed with such mark or/and using signs
similar to such mark for a goods or service of the same kind, similar or
related to a goods or service on the registration list enclosed with such mark,
if such using may possibly cause confusion regarding goods origin;
c/ Using signs identical with or similar to
well-known marks, or signs in form of words translated or transcribed from such
marks for any goods or services, even goods and service not of the same kind,
not similar nor related to the goods or services on the list of prestigious
goods and services bearing the well-known mark, if such using may possibly
cause confusion about goods origin or wrong impression on the relation between
the user of such signs and the subject having the trademark recognized as
well-known mark."
25. Article 55 of Decree No. 63/CP is amended
as follows:
"Article 55.- Concepts
The concepts used in this Chapter shall be
construed as follows:
"Industrial property representation service
organization" is an enterprise which has made business registration for
industrial property representation service in accordance with law.
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"Industrial property representation"
refers collectively to the industrial property representation service
organization and/or the industrial property representative."
26. Article 58 of Decree No. 63/CP is amended
as follows:
"Article 58.- Conditions for
doing business in and practicing industrial property representation
1. Conditions for being granted the industrial
property representatives card.
Only those individuals who fully meet the
following criteria may be granted the industrial property representatives card:
- Being a Vietnamese citizen, having full
capacity for civil acts;
- Permanently residing in Vietnam;
- Having obtained a university degree in law or
technique;
- Having obtained a certificate of graduation
from a formal course on industrial property; or having personally involved in
the legal work concerning industrial property for 5 or more consecutive years;
or having personally involved in the work of examination of industrial property
applications at national or international industrial property offices for 5 or
more consecutive years;
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- Not being the person who is currently working
for a State agency or organization other than enterprise;
2. Conditions for provision of the industrial
property representation service
Industrial property representation service
organizations must meet the following conditions:
- Being an enterprise established under the
legislation on enterprises;
- Having no foreign-invested capital;
- Having the function to provide the industrial
property representation service (inscribed in its operation charter and
business registration certificate);
- Having at least 2 official professional
members who are industrial property representatives, one of them is the head of
the organization or is authorized by the head of the organization to represent
such organization."
27. Article 59 of Decree No. 63/CP is amended
and supplemented with Clause 2 as follows:
"Article 59.- Procedures for granting of the
industrial property representatives card and the certificate of registration
for industrial property representation service provision
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The National Office of Industrial Property under
the Ministry of Science, Technology and Environment is the State body competent
to grant the industrial property representatives card.
2. The State bodies competent to make business
registration under the legislation on enterprises are bodies competent to grant
certificates of registration for industrial property representation service
provision to organizations that meet all conditions specified in Clause 2,
Article 58 of this Decree. The above bodies shall be entitled to seek opinions
of the National Office of Industrial Property on the registered enterprises
capability to meet the conditions for provision of the industrial property
representation services.
After granting a certificate of registration of
industrial property representation service provision, the granting body must
notify the National Office of Industrial Property thereof so that the latter
can record the name of the concerned industrial property representation service
organization into the national register.
The list of individuals granted the industrial
property representatives card and industrial property representation service
organizations shall be recorded into national register on industrial
property."
28. Article 61 of Decree No. 63/CP is amended
as follows:
"Article 61.- Withdrawal of
the industrial property representatives card, withdrawal of the certificate of
registration of industrial property representation service provision
1. Conditions for withdrawal of the industrial
property representatives card, withdrawal of the certificate of registration
for industrial property representation service provision
a/ The National Office of Industrial Property
shall withdraw the industrial property representatives card, and delete the
holders name from the list of industrial property representatives in the
following cases:
- The card holder discontinues the industrial
property representation activities;
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- The card holder makes a serious mistake while
practicing his/her representation job, causing damage to legitimate interests
of the represented party or another person or harming the prestige of a State
body and/or the State.
b/ In the following cases the National Office of
Industrial Property shall notify the body competent to grant business
registration certificates so that the latter shall withdraw the certificate of
registration of industrial property representation service provision or delete
the domain of provision of industrial property representation service (if the
organization still conducts business in other domains):
- The organization no longer meets all the
criteria specified in Clause 2, Article 58 of this Decree;
- The organization breaches law provisions,
especially those in this Chapter.
The competent body must notify the National
Office of Industrial Property of the withdrawal of the certificate of
registration for industrial property representation service provision so that
the latter shall delete the name of the organization whose business
registration certificate has been withdrawn from the national register.
2. The decision on withdrawal of the certificate
of registration for industrial property representation service provision or the
industrial property representative’s card shall be published in the Industrial
Property Gazette.
3. Where the industrial property representation
service organization has its certificate of registration for industrial
property representation service provision withdrawn, all unfinished procedures
effected by the organization shall be permitted to be discontinued and the
represented party shall be entitled to resume such procedures within 3 months
from the date of publication of the decision on the certificate withdrawal in
the Industrial Property Gazette."
29. The title of Chapter 7 of Decree No.
63/CP is amended as follows:
"Chapter 7: State management
over industrial property activities."
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"Article 62.- State
management over industrial property activities
1. The Government shall exercise uniform State
management over the industrial property activities.
2. The contents of the State management over
industrial property activities include:
a/ Promulgating legal documents, policies,
strategies, plannings and plans on development of industrial property
activities;
b/ Organizing the filling in the procedures for
establishment of industrial property rights;
c/ Protecting legitimate interests of the State,
organizations and individuals in the domain of industrial property;
d/ Organizing the implementation of law
provisions and policies on industrial property;
e/ Organizing industrial property information
activities;
f/ Managing industrial property representation
and consultancy services;
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h/ Undertaking international cooperation on
industrial property;
i/ Guiding, inspecting and supervising the
implementation of policies, observance of laws on industrial property;
j/ Settling complaints, denunciations and
handling violations of the legislation on industrial property."
31. Article 62 and Article 66 of Decree No.
63/CP are combined into a new Article 65 as follows:
"Article 65.- Protection of national
interests and social interests in industrial property activities
1. The establishment and exercise of industrial
property rights must not infringe upon the State’s interests.
2. Protected industrial property objects of
which the respective owners are State organizations and enterprises or
organizations and enterprises having joint venture capital contributed by the
State shall be the assets of the State. Such organizations and enterprises
shall have the obligation to protect, preserve the prestige and develop the
value of these assets.
3. Confidential inventions, utility solutions
a/ Vietnams inventions and utility solutions
related to national defense and security or being of special economic value
shall be considered confidential inventions and utility solutions.
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4. Vietnams goods origin appellations are
national assets. The right to use goods origin appellations shall belong to the
owners of the certificates of the right to use goods origin appellations and
shall not be allowed to be transferred to other persons in any forms.
5. Only owners of industrial property objects
and only during the protection term may place indications that the products are
protected or under their exclusive right, including indications in the form of
signs, on such products, in advertisements or in transactions for business
purposes.
Where the products are produced under a license,
indications to this effect must be made on the products, in advertisements or
in transactions for business purposes.
Where the products are produced in Vietnam under
foreign licenses or bearing trademarks which are likely to create the
impression that they are foreign trademarks or have foreign origins, the full
(not abbreviated) indication "Made in Vietnam" must be written on the
products.
32. Clause 1, the first paragraph of Clause
2, Point e of Clause 2 and Point a of Clause 3 of Article 63 of Decree No.
63/CP are amended as follows:
"1. The Ministry of Science, Technology and
Environment shall assist the Government in discharging the function to perform
the uniform State management over the industrial property throughout the
country, be responsible for organizing and directing the implementation of the
States regulations, policies and law provisions on industrial property."
"2. The National Office of Industrial
Property under the Ministry of Science, Technology and Environment shall be the
State management body having the responsibility to assist the Minister of
Science, Technology and Environment in performing the function mentioned in
Clause 1 of this Article."
"e/ Organizing examinations of professional
qualifications and granting the industrial property representatives cards and
managing the professional activities of organizations providing industrial
property representation services;"
"3.a/ Proposing to the ministers, the heads
of the ministerial-level agencies or the agencies attached to the Government,
the presidents of the People’s Committees of the provinces and centrally-run
cities measures to detail the implementation of the State’s policies on
industrial property and to organize the implementation of such measures; making
plans on development of industrial property activities and organizing the
implementation thereof in the branches and localities;"
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"2. The Ministry of Finance shall have to
coordinate with the Ministry of Science, Technology and Environment in
prescribing various industrial property charges and fees and rates thereof, the
regimes of management and use of such charges and fees."
"3. The Ministry of Agriculture and Rural
Development and the Ministry of Aquatic Resources shall have to revise
specialty products of all kinds; determine areas for the cultivation or
production and the properties of such agricultural and aquatic products, and
requesting the relevant Peoples Committees in these areas to guide concerned
individuals, organizations in registering goods origin appellations for these specialty
products. The Ministry of Agriculture and Rural Development shall have to
coordinate with the Ministry of Aquatic Resources and the Ministry of Science,
Technology and Environment in studying and submitting to the Government for
promulgation regulations on protection of the rights of individuals and
organizations that create new plant varieties and animal breeds."
34. Article 65 of Decree No. 63/CP is changed
to Article 66, arranged in Chapter 7 and amended as follows:
"Article 66.- Handling of
administrative violations in industrial property
Administrative violations in industrial property
shall be handled according to the provisions in the Government’s Decree No.
12/1999/ND-CP of March 6, 1999 on handling administrative violations in the
domain of industrial property and other relevant law provisions."
35. The title of Chapter 8 of Decree No.
63/CP is amended as follows:
"Chapter 8: Final provisions"
36. Article 69 of Decree No. 63/CP is amended
as follows:
"Article 69.- Transitional
provisions:
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2. The titles of protection granted under the
1981 Regulation on innovations and inventions, the 1988 Regulation on Utility
Solutions, the 1982 Regulation on Trademarks, the 1988 Regulation on Industrial
Designs or under the January 28, 1989 Ordinance on Protection of Industrial
Property shall remain valid until the expiry of their terms. After the expiry
of the relevant terms as mentioned above, if the owners of the titles of protection
request for extension thereof, the extension procedures prescribed in Clause 2,
Article 30 of this Decree shall be complied with, trademark registration
certificates and industrial design certificates shall continue to be extended.
All invention patents having a validity duration of under 20 years shall have
their validity duration extended for full 20 years counting from the date of
filing of proper applications.
3. All rights and obligations under the titles
of protection (including the titles of protection granted under the January 28,
1989 Ordinance on Protection of Industrial Property) and procedures for
maintaining, extending, amending, assigning and settling disputes related to
such titles of protection shall comply with this Decree.
4. Applications for the titles of protection
filed from July 1, 1996 but not yet processed shall be dealt with in accordance
with this Decree.
Article 2.- Implementation
provisions
1. This Decree takes effect 15 days after its
signing.
2. The Minister of Science, Technology and
Environment shall have to guide the implementation of this Decree.
3. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, and the presidents of the Peoples Committees of the provinces and
centrally-run cities shall have to implement this Decree.
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