|
THE
MINISTRY OF SCIENCE AND TECHNOLOGY
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------
|
|
No:
01/2007/TT-BKHCN
|
Hanoi,
February 14, 2007
|
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENTS 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
Pursuant to the November 29,
2005 Law on Intellectual Property;
Pursuant to the Government Decree No. 103/ 2006/ND-CF of September 22, 2006,
detailing and guiding the implementation of a number of articles of the Law on
Intellectual Property regarding industrial property;
Pursuant to the Government y Decree No. 54/ 2003/ND-CF of May 16, 2003,
defining the functions, tasks, powers and organizational structure of the
Ministry of Science and Technology, and Decree No. 28/2004/ND-CF of January 16,
2004, amending and supplementing a number of articles of Decree No. 5
4/2003/ND- CP;
The Ministry of Science and Technology guides the implementation of the
Government Decree No. 103/2006/ND-CF of September 22, 2006, as follows:
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 Governments 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.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.3
Industrial property rights to geographic indications shall be established under
decision of the NOIP on the grant of certificates registered geographical
indications to organizations managing those geographic indications.
1.4
Industrial property rights to mart internationally registered under the Madrid
Agreement and the Madrid Protocol (hereinafter referred to as internationally
registered mark shall be established under decisions on acceptance for
protection or certificates of protection in Vietnam of internationally
registered mark granted by the NOIP upon the request of mar proprietors. These
decisions and certificates are as valid as protection titles granted to person
registering marks in Vietnam.
1.5
Industrial property rights to well-known marks shall be established on the
basis of the 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 an upon the settlement of a dispute over a well known mark, its
proprietor shall evidence his/her its rights with appropriate proofs specified
ii Article 75 of the Intellectual Property Law.
1.6
Industrial property rights to trade name shall be established on the basis of
the lawful us of those trade names, and for those trade name the procedures for
registration with the NOIP i not required. While exercising the rights to an
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.
1.7
Industrial property rights to business secrets shall be established on the
basis a 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.
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.
2. Owners of industrial property registration
applications
2.1
Owners of industrial property registration applications (hereinafter referred
to as application owners) are organizations or individuals that file
applications for registration of inventions, layout designs, industrial
designs, marks or geographical indications. As soon as invention, layout
design, industrial design or mark protection titles are granted, application
owners are recognized as protection title holders. As soon as geographical
indication protection titles are granted, application owners are recognized as
geographical indication registrants.
2.2
Application owners must satisfy the conditions for the right of industrial
property registration provided for in Articles 86, 87 and 88 of the
Intellectual Property Law and Articles 7, 8 and 9 of the Decree on industrial
property. If those conditions are not satisfied, the industrial property
registration shall be considered invalid.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.1
Application owners may themselves carry out or authorize their lawful
representatives in Vietnam to carry out the procedures for industrial property
registration with the NOIP according to the provisions of this Point and Point
4 of this Circular.
3.2
The following organizations or individuals may act as representatives of
application owners:
a)
For organizations or individuals defined in Clause 1, Article 89 of the
Intellectual Property Law:
(i)
If application owners are individuals: Their representatives at law or mandated
representatives, or industrial property representation service organizations
under their mandate;
(ii)
If application owners are organizations: Their representatives at law or staffs
of organizations mandated by their representatives at law; industrial property
representation service organizations (under their mandate); heads of their
Vietnam-based representative offices or branches (for foreign organizations).
b)
For organizations or individuals defined in Clause 2, Article 89 of the
Intellectual Property Law: industrial property representation service
organizations (mandated by application owners).
3.3
When carrying out the procedures for industrial property registration, the NOIP
may only contact application owners or their lawful representatives.
Organizations or individuals that do not fall into the cases specified at Point
3.2 of this Circular shall be regarded as unlawful representatives of
application owners.
4. Mandate of representatives to carry out
industrial property registration procedures
4.1
The mandate of representatives and the carrying out by mandated representatives
of procedures for industrial property registration (hereinafter referred to as
mandate) must comply with the provisions on mandate in Part III of the Civil
Code and the provisions of this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Names (full names) and full addresses of the mandator and the mandated party;
b)
Name (full name) and full address of the party undertaking to act as a
surrogate mandated or sub-mandated party (if any);
c)
Scope of mandate and mandated work volume;
d)
Mandate duration (a power of attorney with an unspecified validity duration
will cease to be valid only when the mandator declares the termination of the
mandate);
e)
Date of signing of the power of attorney;
g)
Signature(s) (with full names, titles and seals, if any) of the lawful
representative of the mandator (and of the party undertaking to act as a
surrogate mandated or sub-mandated party, if any).
4.3
The date when a power of attorney takes legal effect in transactions with the
NOIP is determined to be:
a)
The date the NOIP receives a valid power of attorney;
b)
The date the NOIP approves the valid surrogate mandate or sub-mandate;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4.4
In case of surrogate mandate or sub- mandate, a power of attorney is considered
valid when the party acting as a surrogate mandated or sub-mandated party
commits to bear responsibility for all matters arising from prior transactions
conducted by the mandator with the NOIP.
4.5
If the scope of mandate stated in a power of attorney covers many independent
procedures and the original power of attorney has been submitted to the NOIP,
the mandated party, when carrying out subsequent procedures, shall submit
copies of the power of attorney and give an accurate indication of the serial
number of the application containing that power of attorney.
5. Responsibilities of application owners and
their representatives
5.1
Application owners and their representatives shall ensure the truthfulness of
information and documents supplied to the NOIP in the course of industrial
property registration according to the following regulations:
a)
All transaction documents must be certified with the signatures of application
owners or their representatives, appended with certification seals of
organizations (if any). If certification of a notary public or another
competent agency is required, such certification must be obtained;
b)
All Vietnamese translations of foreign language documents must be guaranteed by
application owners or their representatives to be verbatim translations of the
original documents.
5.2
Application owners are liable for all consequences and obligations arising from
transactions conducted by their representatives with the NOIP.
5.3
Representatives of application owners are accountable to application owners for
all consequences of the declaration or supply of untruthful information in
transactions with the NOIP and pay compensations for any damage caused.
5.4
Application owners and their representatives are below collectively referred to
as applicants, unless otherwise specifically provided for.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6.1
From the date an industrial property registration application is published in
the Industrial Property Official Gazette to the date prior to the issuance of a
decision on the grant of a protection title, any organization or individual may
send to the NOIP its/his/her written opinions on the registration right, the
right of priority, protection conditions and other issues related to the
industrial property registration application according to the provisions of
Article 112 of the Intellectual Property Law. Written opinions of the third
party shall be regarded as an information source for reference in the course of
processing an industrial property registration application.
6.2
Within one month after receiving written opinions of the third party, the NOIP
shall notify such opinions to the applicant and set a time limit of one month
from the date of notification for the applicant to give feedback in writing.
After receiving the applicants feedback, when necessary, the NOIP shall notify
the feedback to the third party and set a time limit of one month from the date
of notification for the third party to respond in writing to that feedback. The
NOIP shall process opinions of applicants and third parties on the basis of
proofs and arguments furnished by the parties and documents included in the
applications.
6.3
When considering opinions of the third party groundless, the NOIP is not
required to notify those opinions to the applicant but shall notify the third
party of its refusal to consider the opinions, clearly stating the reason for
refusal.
6.4
If opinions of the third party are related to the registration right, when
finding it impossible to determine whether or not such opinions are grounded,
the NOIP shall notify such to the third party so that the latter can file a
petition with a court for handling. Within one month after the NOIP issues the
notice, if the third party fails to notify the NOIP of the filing of a petition
with a court for handling, the NOIP shall regard the third party as having
withdrawn its opinions. If the NOIP is notified by the third party within the
above time limit, it shall suspend the application processing until the results
of dispute settlement by the court are obtained. After the results of dispute
settlement by the court are obtained, the application processing shall be
resumed in accordance with those results.
6.5
When necessary and upon the request of both parties, the NOIP shall organize
face-to-face meetings between the third party and the applicant to further
clarify the matter challenged by an opposition.
6.6
The time limit for the applicant to respond to the opposition of the third
party shall not be counted into the time limit for the NOIP to carry out
relevant procedures according to regulations.
7. General requirements for industrial property
registration applications
7.1
Minimum documents
The
NOIP shall only receive an industrial property registration application
(hereinafter referred to as the application) which, upon its filing, contains
at least the documents listed at Points a, b and e, Clause 1, Article 100, and
Clause 1, Article 108 of the Intellectual Property Law and specified as
follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
Declaration for registration;
(ii)
Documents, specimen and information disclosing the industrial property object
sought to be registered;
Particularly
for an invention registration application, a description of the invention; for
an industrial design registration application, a set of photos, a set of
drawings and a description of the industrial design; for a mark registration
application, the mark specimen and list of goods and services bearing the mark;
for a geographical indication, a description of particular characteristics and
quality of products bearing the geographical indication and a map of the
geographical area subject to the geographical indication;
(iii)
Fee and charge receipts.
In
case of absence of any of the above documents, the NOIP may refuse to accept
the application.
b)
For an application for registration of a collective mark or certification mark,
in addition to the documents specified at Point 7.1 .a above, the application
must also contain the following documents:
(i)
Rules on the use of the collective mark! certification mark;
(ii)
Explanation of particular characteristics and quality of the product bearing
the mark (if the to-be-registered mark is a collective mark used for a product
with unique characteristics or a mark for certification of the quality of a
product or a mark for certification of geographical origin);
(iii)
Map showing the indicated territory (if the to-be-registered mark is a mark for
certification of the geographical origin of a product).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Applications must meet the general requirements specified in Articles 100 and
101 of the Intellectual Property Law and specific requirements for each type of
industrial property object specified in Articles 102, 103, 104, 105 and 106 of
the Intellectual Property Law and guided in detail at Points 23, 28, 33, 37 and
43 of this Circular.
b)
To ensure the technical requirements in the course of processing, an
application must also satisfy the following formality requirements:
(i)
Each application can request grant of one protection title which is of a type
suitable to the industrial property object stated in the application;
(ii)
All documents of the application must be in Vietnamese, except for documents
that are allowed to made in another language according to the provisions of
Points 7.3 and 7.4 of this Circular;
(iii)
All documents of the application must be presented in the portrait format
(particularly, drawings, figures, charts and tables may be presented landscape)
onA4 paper sheets (210mm x 297 mm), of which the top, bottom, left and right
margins are all 20 mm, except for accompanied documents originally not intended
to be included in the application;
(iv)
For documents that must be made according to pre-designed forms, those forms
shall be used with all necessary information filled in appropriate sections;
(v)
A document consisting of many pages must have page numbers in Arabic;
(vi)
All documents must be typewritten or printed with a non-fading ink, clear and
clean, and free from erasures and modifications; if detecting any negligible
spelling error in a document submitted to the NOIP, the applicant may correct
such error but shall append his/her signature of certification (and a seal, if
any) at the corrected words;
(vii)
Terms used in the application must be common ones (other than dialects, rare
words, coined words). Symbols, units of measurement, electronic fonts and
spelling rules used in the application must conform to Vietnam standards;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
The application must fully satisfy the requirements on quantities of documents,
specimens, drawings and photos, and specific requirements for each type of
application specified in this Circular.
d)
The declaration form and other documents of the application must contain fully
mandatory and consistent information; the Vietnamese translations of the
applications documents must be true to the original documents; the power of
attorney must indicate the contents of work within the scope of mandate.
e)
The object(s) stated in the application must be accurately grouped and
classified according to regulations
g)
Documents that require certification of competent agencies (the agency that has
first received the application, the notary public, Peoples Committee, etc.)
must be affixed with those agencies seals of certification.
7.3
The following documents may be made in languages other than Vietnamese but must
be translated into Vietnamese:
a)
Power of attorney;
b)
Documents certifying the right of registration in case the applicant enjoys
another person's right of registration (inheritance certificate; certificate of
or agreement on transfer of the right to file an application, covering also the
transfer of a filed application; job assignment contract or labor contract,
etc.);
c)
Documents evidencing the grounds for enjoying the right of priority
(certification by the application-receiving agency of copies of the initial
application(s); the list of goods and services in the initial mark registration
application; the paper on transfer of the right of priority in case the
applicant enjoys that right from another person).
7.4
The following documents may be made in languages other than Vietnamese but must
be translated into Vietnamese upon the request of the NOIP:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Other documents annexed to the application.
8. Industrial property registration fees and
charges
8.1
Applicants shall pay fees and charges according to the Ministry of Finances
regulations.
8.2
Collection of fees and charges
a)
When receiving an application or a request for any other procedures to be
carried out, the NOIP shall ask the applicant to pay prescribed fees and
charges and check fee and charge receipts included in the application.
b)
If fees and charges are not yet fully paid according to regulations, the NOIP
shall issue a fee and charge collection notice to the applicant.
After
the applicant has fully paid fees and charges, the NOIP shall issue two
originals of each fee or charge receipt clearly indicating the fee or charge
amount paid, of which one shall be enclosed with the application as an evidence
of payment of fees and charges.
8.3
Refund of paid fee and charge amounts
a)
Paid fee and charge amounts shall be partially or wholly refunded upon the
request of the applicant in the following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
Jobs for which fees and charges have been paid are not performed due to
non-occurrence of circumstances requiring these jobs.
b)
In case of acceptance of a request for fee and charge refund, the NOIP shall
issue a fee and charge refund notice to the applicant, clearly stating the
refunded amount and the mode of refund.
c)
In case of rejection of a request for fee and charge refund, the NOIP shall
notify such to the applicant, clearly stating the reason for rejection.
9. Time limits
9.1
Time limits specified in the Intellectual Property Law, the Decree. on
industrial property and this Circular shall be counted according to the
provisions of Chapter VIII, Part I of the Civil Code.
9.2
The time limit for applicants and concerned parties to submit, modify or add
documents or give their opinions may be prolonged once for a period of time
equal to the set time limit, if the applicant submits a written request for
prolongation before the date of expiration of the set time limit and pay a
prescribed fee.
9.3
Applicants may request in writing the NOIP to carry out the procedures before
the set deadline and shall pay a prescribed fee. In case the NOIP rejects such
a request, it shall notify the applicant of the rejection, clearly stating the
reason.
10. Forms of documents and protection titles
10.1
Forms of application documents are provided in the Appendices to this Circular
(not printed herein). Applicants shall use these forms to compile documents of
their applications for industrial property registration.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
11. General procedures
All
types of industrial property registration application shall be processed by the
NOIP in the following order: receipt of applications; formality examination of
applications; publication of valid applications; substantive (ex-officio)
examination of applications (except for layout design registration
applications, which are not subject to substantive examination); grant of or
refusal to grant protection titles; official registration and publication of decisions
on the grant of protection titles.
12. Filing and receipt of applications
12.1
Applications may be filed with the NOIP or at other application receipt places
arranged by the NOIP. Applications may also be sent by post to the above places
of application receipt.
12.2
Upon receipt of an application, the NOIP shall check the applications documents
and compare them with those listed in the declaration before deciding whether
or not to receive the application:
a)
If the application contains all the minimum documents specified at Point 7.1 of
this Circular, the application-receiving officer shall accept the application,
affix a seal to certify the filing date and the serial number of the
application in the declaration form;
b)
If the application lacks any of the minimum documents specified at Point 7.1 of
this Circular, the application-receiving officer shall reject the application
or send a notice of the NOIPs rejection of the application to the applicant (if
the application is sent by post). For the rejected application, the NOIP is not
required to return the applications documents to the applicant, but shall
refund the paid fee and charge amounts according to the fee and charge refund
procedures specified at Point 8 of this Circular;
c)
In case of acceptance of the application, the NOIP shall hand over (send) to
the applicant one declaration form bearing the seal of certification of the
filing date, the serial number of the application and the result of the
checking of the list of application documents, and the full name and signature
of the application-receiving officer. This handed over (sent) declaration form
is valid as an application receipt.
13. Formality examination of applications
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Formality
examination of applications means examination of observance of regulations on
formalities applicable to applications, serving as a basis for concluding
whether applications are valid or invalid.
Valid
applications shall be further examined. Invalid applications shall be rejected
(shall not be further examined).
13.2
Valid applications
An
application is considered valid if it complies with the provisions of Point 7
of this Circular and does not fall into one of the following cases:
a)The
application is made in a language other than Vietnamese, unless otherwise
specified at Points 7.3 and 7.4 of this Circular;
b)
The declaration form contains insufficient information on the author (for
invention, industrial design or layout design registration applications), on
the applicant or his/her representative, the signature and/or seal of the
applicant or his/her representative; the mark registration application lacks
the list of goods and services; the geographical indication registration
application fails to list products bearing the geographical indication;
c)
There is a ground to confirm that the applicant does not have the right of
registration;
d)
The application is filed in contravention of the provisions of Article 89 of
the Intellectual Property Law;
e)
The application contains errors specified at Point 13.3 of this Circular, which
affect its validity, and the applicant, after receiving a request of the NOIP,
fails to amend or unsatisfactorily amends the application;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
For
an application that involves many objects and falls into the case specified at
Points 13.2.a, 13.3.b and 13.3.c of this Circular, if it contains errors
related to only one or some of the objects in that application, the application
shall be considered partially invalid (corresponding to erroneous object(s)).
For other objects, the application is still considered valid.
13.3
Correction of errors in applications at the stage of formality examination
If
an application still contains the following errors, the NOIP shall notify them
to the applicant for correction within one month from the date of notification:
a)
The application fails to satisfy the formality requirements specified at Point
7.2 of this Circular (containing an insufficient number of copies of any of
mandatory documents; failing to satisfy the uniformity requirement; failing to
satisfy the requirements on the presentation format; a mark registration
application fails to clearly state the mark sought to be registered, lacks the
mark description, inaccurately classifies goods and services, lacks
translations of documents enjoying priority, when necessary; or information on
the applicant in different documents is inconsistent or erased or not properly
certified);
b)
The application filing fee and publication fee have not yet been fully paid;
c)
There is no power of attorney or the power of attorney is invalid (for
applications filed through representatives).
13.4
Determination of filing date
The
filing date is determined as follows:
a)
The filing date is the date an application is accepted by the NOIP indicated in
the seal of receipt affixed on the declaration form according to the provisions
of Point 12.2.a of this Circular;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
13.5
Determination of date of priority
a)
If an application does not contain a claim for priority or contains a claim for
priority but that claim is not accepted by the NOIP, the application shall be
regarded as having no date of priority.
b)
If an application contains a claim for priority, the date(s) of priority is
(are) the date(s) stated in that claim and accepted by the NOIP.
c)
The determination of the date of priority according to the claim for priority
shall be based on the first application(s) filed in Vietnam in accordance with
the principles specified in Article 91 of the Intellectual Property Law and
relevant provisions of Points b, c and e, Clause 1, Article 10 of the Decree on
industrial property.
13.6
Notification of results of formality examination and acceptance of valid
applications
a)
For an application falling into one of the cases specified at Point 13.2 of
this Circular or containing errors specified at Point 13.3 of this Circular,
the NOIP shall send to the applicant a notice on its intended rejection of the
application. Such a notice must clearly state the name and address of the
applicant; the name of the industrial property representation service
organization (if the application is filed through that organization); the name
of the object stated in the application; the filing date and the serial number
of the application; errors and reasons for which the application is rejected;
and set a time limit of one month from the date of notification for the
applicant to give opinions or correct errors.
b)
For a valid application, the NOIP shall send to the applicant a notice on
acceptance of valid application, clearly stating the name and address of the
applicant, the name of the mandated representative (if any) and information on
the object stated in the application, the filing date and the date of priority
(in case a claim for priority is not accepted, the reason for non-acceptance
must be clearly stated).
13.7
Rejection of applications
If
the applicant to whom the NOIP has sent a notice on its intended rejection of
the application according to the provisions of Point 13.6.a of this Circular
fails to correct errors or unsatisfactorily corrects errors or makes no
opposition or makes unreasonable opposition to the intended rejection within
the set time limit, the NOIP shall send to the applicant a notice on its
rejection of the application and, upon the applicants request, refund the paid
fee and charge amounts for jobs to be done after the formality examination.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
The time limit for formality examination of an application is one month from
the filing date.
b)
In the course of formality examination, if the applicant corrects or
supplements documents on his/her own initiative or upon the request of the
NOIP, the time limit for formality examination may be prolonged for a period of
time during which documents are corrected or supplemented.
c)
Before the expiration of the time limit specified at Point 13.8.a above, the
NOIP shall complete the formality examination of applications and send notices
on examination results to applicants according to the provisions of Point 13.6
of this Circular.
14. Publication of valid applications
14.1
All applications accepted as valid shall be published by the NOIP in the
Industrial Property Official Gazette. Applicants shall pay a fee for such
publication.
14.2
Time limit for publication of applications
a)
Publication of invention registration applications:
(i)
An invention registration application shall be published in the nineteenth
month from the date of priority or the filing date in case the application has
no date of priority or within two months after it is accepted as a valid
application, whichever is later;
(ii)
An invention registration application under the Patent Cooperation Treaty
(hereinafter abbreviated to PCT) shall be published within two months from the
date it is accepted as a valid application and enters the national phase;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Publication of other applications: Layout design, industrial design, mark or
geographical indication registration applications shall be published within two
months from the date they are accepted as valid applications.
14.3
Contents of publication of applications
Information
related to valid applications, including divisional applications published in
the Industrial Property Official Gazette, includes information related to valid
applications formality as stated in notices on acceptance of valid
applications, information related to valid applications (transfer of
applications, division of applications, serial numbers of parent applications,
etc.); invention abstracts accompanied with drawings (if any); sets of photos
or drawings of industrial designs; specimens of marks and enclosed lists of
goods and services; summaries of particular characteristics and names of
products bearing geographical indications.
14.4
Access to information on published valid applications
Everyone
may access detailed information on the nature of objects stated in the
applications published in the Industrial Property Official Gazette or request
the NOIP to supply such information and is liable to pay an information supply
fee according to regulations.
15. Substantive examination of applications
15.1
Purpose and coverage of substantive examination
a)
The purpose of substantive examination of applications is to assess the
protectability of objects stated in those applications under the protection
conditions and corresponding protection coverage (volume).
b)
The procedures for substantive examination are not applicable to layout design
registration applications.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
in the course of substantive examination of invention/industrial design
registration applications with claims for priority, the NOIP may use the
results of information search and examination of those applications filed
overseas.
b)
Applicants may supply (on their own initiative or upon the NOIPs request) the
following documents for use in service of substantive examination of their
applications:
(i)
For an invention/industrial design registration application: Results of
information search or examination of the application filed overseas for the
object stated in the application; copies of the protection title granted on the
basis of a similar application filed overseas; documents on technical
conditions of the object stated in the invention registration application
supplied by a competent foreign authority to the applicant and other documents;
(ii)
For a mark or geographical indication registration application: Documents
proving that the mark or geographical indication has been protected in a
foreign country, including documents explaining the use of the mark or
geographical indication and other documents.
15.3
Correction of errors, explanation of the contents of applications, supply of
information.
a)
The NOIP may request applicants to explain the contents of their applications,
supply information pertaining to the nature of objects stated in the
applications, if full disclosure of the nature of objects is necessary for
substantive examination of the applications.
b)
All amendments or supplements to erroneous documents of applications shall be
made by applicants themselves. The NOIP may only make those amendments or
supplements when applicants so request in writing. Applicants shall pay a
prescribed fee for such amendment and supplementation. Written requests for
amendment or supplementation of applications shall be enclosed with relevant
documents of applications and regarded as official documents of applications.
15.4
Ahead-of-time termination of substantive examination of applications
a)
In the following cases, the substantive examination of an application shall
terminate ahead of time:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
The object is incompatible with the type of protection title applied for or the
object is ineligible for the States protection according to regulations;
(iii)
There is a ground to confirm that the object fails to satisfy one or several
protection conditions, and it is therefore unnecessary to assess other
conditions before conclusions can be made that the object fails to satisfy the
protection conditions;
(iv)
The applicant fails to fulfill the request for correction of errors or
explanation of contents of the application or fails to supply necessary
information upon the NOIP s request specified at Point 15.3 of this Circular;
(v)
The applicant requests termination of the substantive examination of the
application or declares to withdraw or cancel the application.
b)
Except for the cases specified at Point 15.4.a(v) above, the NOIP shall send to
the applicant a notice on ahead-of-time termination of substantive examination,
clearly stating the reason therefor and setting a time limit of two months from
the date of notice for the applicant to give opinions.
15.5
Resumption of substantive examination of applications
a)
If applicants make written oppositions to notices on termination of substantive
examination of applications within the time limit specified at Point 15.4.b of
this Circular, the NOIP shall consider those oppositions.
b)
If oppositions are reasonable, the NOIP shall resume the substantive
examination of applications, and the time for applicants to give their opinions
shall not be counted in the time limit for substantive examination.
If
oppositions are unreasonable, the NOIP shall officially terminate the
substantive examination of applications and issue notices on its refusal to
grant protection titles. Applicants may lodge complaints about those notices
according to the procedures specified at Point 22 of this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Substantive
examination of an application covers the following contents:
(i)
Assessment of compatibility of the object stated in the application with the
type of protection title applied for;
(ii)
Assessment of the object based on each protection condition;
(iii)
Inspection of observance of the first-to-file rule.
b)
The assessment of the object based on the protection conditions shall be
conducted for objects one after another (if the application contains many and
still ensures the uniformity). For each object, the assessment shall be
conducted based on each specific protection condition:
(i)
For an invention registration application, the assessment shall be conducted
with regard to the points stated in the (requested) protection coverage one
after another;
(ii)
For an industrial design registration application, the assessment shall be
conducted for the design of each product (if the application is for a set of
products); in case the application shows many variations of an industrial design,
those variations shall be assessed one after another, starting from the basic
variation (the first variation shown in the application);
(iii)
For a mark registration application, the assessment shall be conducted with
regard to each component of the mark for each goods or service on the list of
goods and services.
c)
The substantive examination with regard to each object specified at Point
15.6.b (i), (ii) and (iii) above shall be completed when that object has been
assessed based on all protection conditions and there are enough grounds to
conclude whether or not the object satisfies the protection conditions,
specifically:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
No reason is found to conclude that the object fails to satisfy at least one
protection condition.
d)
Before issuing a notice defined at Point 15.7.a of this Circular, the NOIP
shall review the results of substantive examination of the application by
checking relevant applications with earlier dates of priority received by it
after the substantive examination starts.
15.7
Jobs to complete the substantive examination
a)
Notification of results of substantive examination of applications
On
the date of expiration of the time limit for substantive examination of an
application specified at Point 15.8 of this Circular at the latest, the NOIP
shall send to the applicant one of the following notices:
(i)
If the object stated in the application fails to satisfy the protection
conditions, the NOIP shall issue a notice on its intended refusal to grant a
protection title, clearly stating the reason(s) for refusal, possibly guiding
the change of the protection coverage (volume) and setting a time limit of two
months from the date of issuance of the notice for the applicant to give
opinions and satisfy the requirements. The applicant may request prolongation
of the above time limit according the provisions of Point 9.2 of this Circular;
(ii)
If the object stated in the application satisfies the protection conditions but
the application still contains errors, the NOIP shall issue a notice on its
intended refusal to grant a protection title, clearly pointing out errors in
the application and setting a time limit of two months from the date of
issuance of the notice for the applicant to justify or correct errors. The
applicant may request prolongation of the above time limit according to the
provisions of Point 9.2 of this Circular;
(iii)
If the object stated in the application satisfies the protection conditions or
the applicant satisfactorily corrects errors or makes reasonable justifications
within the time limit specified at Points l5.7.a (i) and (ii) above, the NOIP
shall issue a notice on its intended grant of a protection title, setting a
time limit of one month from the date of issuance of the notice for the
applicant to pay the fee for the grant of a protection title, the fee for
notification of the protection title grant decision, the registration fee and
the fee for maintenance of the first years validity of invention patent. The
applicant may request prolongation of the above time limit according to the
provisions of Point 9.2 of this Circular.
b)
Upon the expiration of the time limit specified at Points 1 5.7.a (i) and (ii) above,
if the applicant fails to correct errors or unsatisfactorily corrects errors,
makes no opposition or an unreasonable opposition, the NOIP shall, within 15
days after the time limit expiration, issue a notice on its refusal to grant a
protection title. The applicant may lodge a complaint about this notice
according to the provisions of Point 22 of this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
15.8
Time limits
a)
The time limit for substantive examination of applications is determined as
follows:
(i)
For an invention registration application, 12 months from the date of receipt
of a request for substantive examination (if such request is made after the
application is published) or from the date of publication of the application
(if such request is made before the application is published);
(ii)
For a utility solution, mark or geographical indication registration
application, 6 months from the date of publication of the application.
b)
If the applicant, in the course of substantive examination, corrects or
supplements documents or makes justifications on his/her own initiative or upon
the request of the NOIP, the time limit for substantive examination may be
prolonged for a period of time during which the applicant does so.
16. Re-examination of applications
16.1
Re-examination of an application challenged by an opposition after the issuance
of a notice on intended grant/intended refusal to grant a protection title.
a)
The re-examination of an application according to the provisions of Clause 4,
Article 117 of the Intellectual Property Law shall be conducted in the
following cases:
(i)
A written opinion is sent by the applicant to the NOIP during the period from
the date of issuance of a notice on intended grant/intended refusal to grant a
protection title to the date prior to the issuance of a decision on grant/an
official notice on refusal to grant the relevant protection title; or a report
is made by a third party, stating justifiable reason(s) for the absence of a
reasonable condition or opportunity to express his/ her/its opinions;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iii)
Arguments or evidence to prove that opinions mentioned at Point 16.1 .a (i)
above are different from those previously furnished (if any), or though they
are not different from the previously furnished ones but the NOIP has not yet
replied according to the provisions of Point 6.2 of this Circular.
b)
The time limit for re-examination of applications is equal to two thirds of the
time limit for examination specified at Point 15.8 of this Circular; for
complicated cases involving many circumstances which need to be verified or
requiring expert opinions, that time limit may be prolonged but must not exceed
the time limit for examination.
c)
Contents and procedures for re-examination must comply with the relevant
provisions of Points 15.6 and 15.7 of this Circular.
d)
The re-examination of an application shall be conducted only once.
16.2
The re-examination of an application upon the protection title holders request
for narrowing of the protection coverage
If
a protection title holder requests narrowing of the coverage of the industrial
property rights protection according to the provisions of Clause 3, Article 97
of the Intellectual Property Law, the NOIP shall re-examine that application
according to the contents and procedures specified at Points 15.6 and 15.7 of
this Circular, if the requester pays the prescribed fees and charges.
17. Amendment/supplementation/division!
conversion/transfer of applications
17.1
Amendment and supplementation of applications
a)
Before the NOIP issues a notice on its rejection of an application, a notice on
its refusal to grant a protection title or a decision on the grant of a
protection title, the applicant may amend or supplement documents of the
application on his! her own initiative or upon the request of the NOIP.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
Invention description or abstract, for an invention registration application;
(ii)
Drawings, photos or description, for an industrial design registration
application;
(iii)
Mark specimen, list of goods and services bearing the mark, for a mark
registration application;
(iv)
Description of distinct characteristics, a map of the geographical area subject
to the geographical indication, for a geographical indication registration
application.
c)
The amendment and supplementation of an application must not expand the
protection coverage (or increase the protection volume) beyond the contents
disclosed in the description, for invention or industrial design registration
applications, in the list of goods and services, for mark registration
applications, and must not change the nature of the object stated in the
application. If the amendment expands the protection coverage (increases the
protection volume) or changes the nature of the object sought to be protected,
the applicant shall file a new application and all procedures shall be carried
out anew.
d)
The applicant may request correction of errors in the names and addresses of
the applicant and the author.
e)
All requests for amendment and supplementation must be made in writing
according to a set form (not printed herein). A request may be made for
amendment of the same content related to many applications, provided that the
requester pays a fee based on the number of to-be-amended applications.
g)
If the applicant amends or supplements the applications documents on his/her
own initiative after the NOIP issues a notice on acceptance of valid
application, the amendments or supplements shall be made according to the
provisions of Points 13.2, 13.3 and 13.6 of this Circular. Amended and
supplemented application contents shall be published in the Industrial Property
Official Gazette according to the provisions of Point 14 of this Circular and
applicants shall pay a prescribed fee for such publication.
h)
The amendment and supplementation of an application, including change of the
mandated party, which is made by the applicant on his/her own initiative or
upon the request of the NOIP, must be made in writing, clearly specifying the
amended and supplemented contents, and enclosed with an amendment and
supplementation fee receipt. Documents containing amendments and supplements to
applications must comply with the relevant provisions of Points 7, 10 and 13 of
this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
The applicant may divide, on his/her own initiative or upon the request of the
NOIP, his/her application (division and transfer of one or several technical
solutions in an invention registration application, one or several industrial
designs in an industrial design registration application, one or several
components of a mark or part of the list of goods and services in a mark
registration application to one or several new applications referred to as
divisional applications).
b)
A divisional application must bear a new serial number and is entitled to the
filing date or date(s) of priority (if any) of the parent application; and
shall be published according to the provisions of Point 14 of this Circular
after the issuance of the notice on acceptance of valid application.
c)
For each divisional application, the applicant shall pay a filing fee and all
fees and charges for procedures carried out independently from the parent
application but is exempted from the fee for claim for priority rights.
Divisional applications are subject to formality examination and shall be further
processed according to the procedures not yet completed for their parent
applications. Divisional applications shall be republished and applicants shall
pay a publication fee if the division is effected after the NOIP issues notices
on acceptance of valid applications for parent applications.
d)
Parent applications (after being divided) shall be further processed according
to normal procedures and applicants shall pay an amendment and supplement fee.
17.3
Conversion of applications
a)
Before the NOIP issues a notice of its refusal to grant a protection title or a
decision on the grant of a protection title, an invention registration
applicant may convert the application for an invention patent into one for a
utility solution patent or vice versa according to the provisions of Point e,
Clause 1 ,Article 115 of the Intellectual Property Law, if the applicant pays a
prescribed application conversion fee.
b)
After receiving a valid request for application conversion, the NOIP shall
continue carrying out the procedures for processing the converted application
according to relevant provisions but shall not carry out again the procedures
already completed for the application before the conversion request is made.
c)
Requests for application conversion made after the time limit specified at
Point 17.3.a above shall not be considered. Applicants may file new
applications bearing the filing dates (dates of priority, if any) of parent
applications.
17.4
Transfer of applications
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
18. Refusal to grant, grant or re-grant of
protection titles, grant of protection title duplicates
18.1
Refusal to grant protection titles
Applications
for protection titles may be rejected if they fall into one of the cases
specified in Clauses 1 and 2, Article 117 of the Intellectual Property Law. In
these cases, the NOIP shall carry out the procedures for refusal to grant
protection titles according to the provisions of Clauses 3 and 4, Article 117
of the Intellectual Property Law.
18.2
Grant of protection titles
a)
Within 10 days after applicants pay fully and on time the prescribed fees and
charges, the NOIP shall carry out the procedures for grant of protection titles
according to the provisions of Article 118 of the Intellectual Property Law.
b)
Upon receiving protection titles, if protection title holders detect errors
therein, they may request the NOIP to correct the protection titles according
to the provisions of Point 20.2 of this Circular.
c)
As from the date the NOIP issues decisions on grant of protection titles, the
transfer of applications shall not be considered.
18.3
Grant of protection title duplicates and renewal of protection titles
a)
In case the industrial property rights are under co-ownership, a protection
title shall only be granted to the first person named in the list of
co-applicants. Other co-holders may request the NOIP to grant duplicates of the
protection title but shall pay a fee therefor.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
The protection title/duplicate of protection title is lost;
(ii)
The protection title/duplicate of protection title is damaged, torn, stained or
faded out that it can no longer be used.
c)
Request for grant of duplicates/renewal of protection titles
Unless
it is already included in the registration declaration of an industrial
property object, any request for grant of a duplicate/renewal of protection
title must be made in writing and comprise the following documents:
(i)
Written declaration for the grant of duplicate/renewal of protection title,
made according to a set form (not printed herein);
(ii)
One mark specimen; one set of photos of industrial design drawing identical to
the mark specimen, and one set of photos of industrial design drawing in the
original protection title;
(iii)
Power of attorney (in case the request is filed through a representative);
(iv)
Receipt of the fee for grant of a protection title or the fee for grant of a
protection title duplicate.
d)
Handling of requests for grant of duplicates or renewal of protection titles
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
A protection title duplicate must contain all information of the original
protection title. A renewed protection title/protection title duplicate must
contain all information of the initially granted protection title/protection
title duplicate and the indication renewed, duplicate or renewed duplicate;
(iii)
If a request for renewal/grant of duplicates of a protection title fails to
satisfy the requirements specified at Point 18.3.c above, the NOIP shall issue
a notice on its refusal to grant duplicates/ refusal to renew the protection
title, clearly stating the reason(s) for the refusal.
19. The National Register of Industrial Property,
publication of decisions on grant of protection titles
19.1
The National Register of Industrial Property
a)
The National Register of Industrial Property serves as an official and public
database of the State, supplying all information on the legal status of
established industrial property rights. The National Register of Industrial
Property includes the following registers:
(i)
National Register of Inventions;
(ii)
National Register of Utility Solutions;
(iii)
National Register of Industrial Designs;
(iv)
National Register of Layout Designs of Semi-conductor Integrated Circuits;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(vi)
National Register of Geographical Indications;
(vii)
National Register of Assignment of Industrial Property Rights;
(viii)
National Register of Industrial Property Representation.
b)
The national registers specified at Point 19.1 .a (i), (ii), (iii), (iv), (v)
and (vi) above contains various sections relevant to each protection title, and
consists of:
(i)
Information on the protection title: serial number and date of grant; name of
the protected object, protection coverage/volume and validity duration; name
and address of the protection title holder/the registrant of the geographical
indication, name and address of the author of the invention, layout design or
industrial design;
(ii)
Information on the application for grant of the protection title (serial
number, filing date, date of priority, name of the industrial property
representation service organization, if any);
(iii)
All information on the amendment of the protection title, the validity status
of the protection title (maintenance, prolongation, termination of validity,
and invalidation); assignment of industrial property rights, licensing of the
industrial property object; serial number, date of grant and grantees of
duplicates or renewed protection title.
c)
The national register specified at Point 19.1 .a (vii) above contains various
sections relevant to each registered contract on assignment of industrial
property rights, specifically as follows:
(i)
Information on the certificate of registration of the contract on assignment of
industrial property rights (serial number and date of grant);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iii)
Information on changes related to the contract (amendments or supplements to,
extension, termination and invalidation of the contract);
(iv)
Information on compulsory licensing, termination of compulsory licensing of the
invention under decisions.
d)
The national register specified at Point 19.1.a (viii) above contains various
sections relevant to each industrial property representation service
organization, specifically as follows:
(i)
Information on the industrial property representation service organization
(full name, transaction name, address, recording or deletion of name,
modification of information on the industrial property representation service
organization);
(ii)
Information about the list of industrial property representatives of the
organization (full name, permanent residence address and serial number of the
practice certificate of each representative on the list);
(iii)
Information on changes in the list of industrial property representatives
(grant, renewal or withdrawal of practice certificates, etc.).
e)
The national registers shall be made by the NOIP and archived in the printed or
electronic form or in other media. Any person may refer to the electronic
registers or request the NOIP to issue copies or extracts of the registers but
shall pay a fee for copy issuance.
19.2
Publication of decisions on grant of protection titles
a)
All decisions on grant of protection titles, decisions on recognition of
international registrations shall be published by the NOIP in the Industrial
Property Official Gazette within two months from the date of their issuance and
after applicants pay the prescribed publication fee.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
20. Modification, change of holders of protection
titles, narrowing of protection coverage, maintenance or extension of validity
of protection titles
20.1
Recording of change in the name and address of the protection title holder,
narrowing of the protection coverage and modification of the description of the
nature/quality/reputation of the product bearing the geographical indication,
the map of the geographical area subject to the geographical indication, and
regulations on the use of collective or certification marks
a)
Requests for modification or change of holders of protection titles
The
holder of a protection title may request the NOIP to record changes in that
protection title in the following cases:
(i)
Change in the name or address of the protection title holder;
(ii)
Change of the protection title holder (transfer of ownership on the ground of
inheritance, succession, merger, separation, split- up, joint venture,
association or establishment of a new legal entity under the same owner,
transformation of the business operation, or under a decision of a competent
state agency).
The
requester for recording of the change in the name, address of or change of the
protection title holder shall pay the fee for protection title modification and
the fee for publication of a decision on recording of modification of the
protection title.
b)
Requests for narrowing of the protection coverage and modification of
descriptions of the nature/quality/reputation of products bearing geographical
indications, maps of geographical areas subject to geographical indications,
regulations on the use of collective or certification marks
A
request for narrowing of the protection coverage according to the provisions of
Clause 3, Article 97 of the Intellectual Property Law may contain any of the
following:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
Request for exclusion of one or several goods or services or groups of goods or
services from the list of goods or services specified in the certificate of registered
mark without any change in the mark specimen;
(iii)
Request for reduction of one or several independent or dependent points within
the (requested) protection coverage stated in the invention or utility solution
patent;;
(iv)
Request for exclusion of one or several industrial design variations, one or
several products from the set of products stated in the industrial design
patent; request for removal of one or several basic design features of the
industrial design.
c)
Written requests for modification of protection titles
Depending
on contents which need to be amended or supplemented as defined at Points
20.l.a and 20.l.b above and Point b, Clause 1, Article 97 of the Intellectual
Property Law, a written request comprises the following documents:
(i)
Written declaration requesting modification of the protection title, clearly
stating the request for recording of change in the name or address of the
protection title holder change of the protection title holder, request for
narrowing of the protection coverage or modification of the description of the
nature/quality/reputation of the product bearing the geographical indication,
the map of the geographical area subject to the geographical indication, or
regulations on the use of collective or certification marks, made according to
a set form (not printed herein);
(ii)
Original protection title;
(iii)
Documents certifying the change of the name or address (the originals or
notarized copies of the decision on rename or change of address; the business
registration certificate that records the name or address change; other
documents of legal validity evidencing the name or address change) in case the
content requested to be modified is such name or address;
(iv)
Documents evidencing the transfer of ownership according to the provisions of
Point 20.l.a (ii) above, for a request for change of the protection title
holder (documents evidencing the inheritance, succession, merger; separation, joint
venture, association, establishment of a new legal entity under the same owner,
transformation of business operation, or under a decision of a competent state
agency);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(vi)
Five modified mark specimens (for a request for modification of mark details);
five sets of industrial design photos or drawings (for a request for industrial
design modification); two descriptions of the nature/quality/reputation of the
product bearing a geographical indication, the map of the geographical area
subject to the modified geographical indication (for a request for geographical
indication modification); or two regulations on the use of the modified
collective or certification mark (for a request for collective or certification
mark modification);
(vii)
Power of attorney (if the request is filed through a representative);
(viii)
Receipts of the prescribed fee for modification of the protection title, the
fee for examination of the content of the request for narrowing of the
protection coverage, and the charge for publication of the modification
decision and registration.
A
written request for protection title modification may be made for many
protection titles that have the same content requested to be modified, if the
requester pays fees and charges for each protection title.
d)
Handling of requests for modification of protection titles
Within
one month after receiving an application, the NOIP shall consider the request
for modification of protection title. If the request is considered valid, the
NOIP shall issue a decision on modification of the protection title, register
and publish it in the Industrial Property Official Gazette. If the request is
considered invalid, the NO1P shall send to the requester a notice on its
intended refusal to accept the modification, clearly stating the reason for
refusal and setting a time limit of one month from the date of notice issuance
for the requester to correct errors or make an opposition. If within the set
time limit the requester fails to correct errors or unsatisfactorily corrects
errors, makes no opposition or an unreasonable opposition, the NOIP shall issue
a notice on its rejection of the request for protection title modification.
20.2
Correction of errors in protection titles
a)
When an error is detected in a protection title, the NOIP shall revoke, on its
own initiative or upon the request of the error-detecting person, the erroneous
protection title and grant a new protection title.
b)
The protection title holder shall pay a protection title correction fee
according to the provisions of Clause 1, Article 97 of the Intellectual
Property Law if the error is caused due to its fault. If the error is caused
due to the fault of the NOIP, the protection title holder is not required to
pay the fee.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
To
have the validity of his/her invention protection title maintained, a
protection title holder shall pay a validity maintenance fee within six months
before the expiration of the validity term. The payment of the validity
maintenance fee may be delayed for no more than six months after the expiration
of the current validity term but the protection title holder shall pay the
maintenance fee plus 10% for each month of delayed payment.
20.4
Extension of validity of protection titles
a)
The validity of invention patents, utility solution patents and certificates of
registered layout designs shall not be extended. The validity of an industrial
design patent may be extended at most twice for a period of five years each.
The validity of a certificate of registered mark may be extended many times for
a period of ten years each.
b)
To have the validity of an industrial design patent or certificate of
registered mark extended, the patent or certificate holder shall, within six
months before the date of expiration of the validity of the patent or
certificate, file an application for extension to the NOIP.
The
filing of the application for validity extension may be delayed for no more
than six months after the expiration of the protection titles validity but the
protection title holder shall pay an extension fee plus 10% for each month of
delayed filing.
c)
Applications for validity extension
An
application for extension of validity of a protection title comprises the
following documents:
(i)
Written declaration to request extension of the protection title validity, made
according to a set form (not printed herein);
(ii)
Original protection title (if the extension is requested to be recorded in the
protection title);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iv
Receipts of the prescribed fees for extension, publication and registration of
the decision on extension of the protection titles validity.
d)
Handling of applications for validity extension.
The
NOIP shall consider an application for validity extension within one month
after the date of its receipt. If the application is error-free, the NOIP shall
issue a decision on validity extension, record it in the protection title,
register and publish it in the Industrial Property Official Gazette.
The
NOIP shall issue a notice on its intended refusal to extend validity, clearly
stating the reason for refusal and setting a time limit of one month from the
date of notice issuance for the applicant to correct errors or make an opposition
if the application for validity extension falls into one of the following
cases:
(i)
It is invalid or filed in contravention of the prescribed procedures;
(ii)
The applicant is not the protection title holder.
If
within the set time limit the applicant fails to correct errors or
unsatisfactorily corrects errors, makes no opposition or an unreasonable
opposition, the NOIP shall issue a notice on its refusal to extend validity.
21. Termination or invalidation of protection
titles
21.1
Requests for termination or invalidation of protection titles
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
21.2
Written requests for termination or invalidation of protection titles
a)
A written request may invoke the same reason for termination or invalidation of
one or more than one protection titles, if the requester pays the prescribed
fee for each protection title.
b)
A written request for termination or invalidation of a protection title
comprises the following documents:
(i)
Written declaration to request termination or invalidation of the protection
title, made according to a set form (not printed herein;
(ii)
Proofs (if any);
(iii)
Power of attorney (if the written request is filed through a representative);
(iv)
Written justification of the reason for request (clearly stating the serial
number of the protection title, reason, legal grounds, contents of the request
for termination or invalidation of part of or the entire protection title) and
relevant documents specified at Points 7.2, 22.2 and 22.3 of this Circular;
(v)
Receipts of the prescribed fees and charges.
21.3
Handling of requests for termination or invalidation of protection titles
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
After considering opinions of the parties, the NOIP shall issue a decision on
termination/ invalidation of part of/the entire protection title or notify its
refusal to terminate! invalidate the protection title according to the
provisions of Clause 4, Article 95 and Clause 4, Article 96 of the Intellectual
Property Law.
c)
If disagreeing with the NOIP s decision on handling of the request for
termination or invalidation of the protection title, the requester or an
involved party may lodge a complaint about that decision or the relevant notice
according to the procedures specified at Point 22 of this Circular.
d)
A decision on termination or invalidation of a protection title shall be
published in the Industrial Property Official Gazette and recorded in the
National Register of Industrial Property within two months from the date of its
signing.
21.4
Termination or invalidation of international registrations of marks
a)
For a third party's application for termination or invalidation of an
international registration of mark under the Madrid Agreement or the Madrid
Protocol, the NOIP shall notify the content of the request for termination or
invalidation to the proprietor through the international Bureau, setting a time
limit of three months from the date of notification for the proprietor to
respond.
b)
A decision on termination or invalidation of an international registration of
mark shall be sent to the international Bureau for carrying out relevant
procedures under the Madrid Agreement or the Madrid Protocol and published in
the Industrial Property Official Gazette.
22. Complaints and settlement of complaints about
the procedures for establishment of industrial property rights
22.1
Persons with the right to complain, complaint objects and statute of
limitations for lodging complaints
Persons
with the right to complain defined in Clauses 1, Article 14 may carry out,
within the statute of limitations for lodging complaints specified in Clause 4,
Article 14 of the Decree on industrial property, the procedures for complaining
about official notices or decisions of the NOIP related to the procedures for
establishment of industrial property rights.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Each complaint should mention one complained decision or notice. A complaint
may mention two or more decisions or notices that have the same complained
content and for the same complaining reason, if the complainant pays the
prescribed complaint fee for each complained decision or notice.
b)
A complaint comprises the following documents:
(i)
Written declaration for complaining, made according to a set form (not printed
herein;
(ii)
Written explanation of the complaint and proofs supporting the complaining
reason (clearly stating the reason, legal grounds, complained contents,
enclosed list of proofs, if any);
(iii)
Copy of the NOIPs complained decision or notice;
(iv)
Copy of the decision on settlement of the first-time complaint (for a
second-time complaint);
(v)
Power of attorney (if the application is filed through a representative);
(vi)
Receipts of the prescribed fees and charges related to the complaint.
c)
Proofs include documents (evidence) or objects (exhibits) to prove or clarify
the complaining reason. A proof must satisfy the following requirements:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
If it is a document made and signed by an individual or organization that has
no lawful seal or a foreign individual or organization, the signature of that
individual or organization must be certified by a notary public or a competent
agency;
(iii)
If it is an information carrier (printed matter, video tape, etc.), the origin
and date of distribution or publication of that carrier, or the origin or the
date of publication of information stored in that carrier shall be clearly
indicated on a case-by-case basis;
(iv)
An exhibit must be accompanied with a written description of its features that
are directly related to the complained contents.
22.3
Responsibilities of complainants
A
complainant shall ensure the truthfulness of supplied proofs and are liable for
consequences of the supply of untruthful proofs.
22.4
Withdrawal of complaints
a)
At any time, a complainant may notify in writing the withdrawal of his/her
complaint. If the withdrawal of a complaint is made by an industrial property
representation service organization, the mandated withdrawal must be clearly
stated in the power of attorney.
b)
A withdrawn application shall be regarded as having not been filed. The written
complaint shall not be returned and the paid complaint fee and charge amounts
shall not be refunded to the complainant.
22.5
Acceptance of complaints
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
A complaint shall not be accepted if it falls into one of the following cases:
(i)
The complainant does not have the right to complain;
(ii)
The complaint is lodged after the expiration of the prescribed statute of
limitations;
(iii)
The complaint fails to satisfy the requirements specified at Points 22.1 and
22.2 of this Circular.
22.6
Related parties
a)
For an accepted complaint, the person competent to settle complaints shall
notify in writing the complained contents to persons with directly related
rights and benefits (related parties), setting a time limit of one month from
the date of notification for those parties to give their opinions.
b)
Related parties may supply information or proofs supporting their arguments
within the time limit specified at Point 22.6.a above, and the persons
competent to settle complaints shall consider those information or proofs while
settling the complaint.
c)
Upon the expiration of the above time limit, if related parties give no
opinions, the complaint shall be settled based on the complainants opinions.
22.7
Decisions on complaint settlement
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Before issuing a decision on complaint settlement, the person competent to
settle complaints shall notify the complainant or a related party of the other party's
arguments and proofs used in the settlement of the complaint, and complaint
settlement conclusions.
c)
A decision on complaint settlement must have the contents defined by the law on
complaints.
22.8
A decision on complaint settlement shall be published in the Industrial
Property Official Gazette within two months from the date of its signing.
22.9
Validity of decisions on complaint settlement
Any
procedure for establishment of industrial property rights that depends on the
complaint settlement results shall only be carried out on the basis of:
a)
A decision on settlement of the first-time complaint, if upon the expiration of
the statute of limitations for lodging second-time complaints the complainant
does not lodge a second-time complaint, or if upon the expiration of the
statute of limitations for institution of administrative lawsuits the
complainant does not file an administrative lawsuit; or
b)
A decision on settlement of the second-time complaint if the complainant fails
to file an administrative lawsuit within a set time limit, or under an
effective court ruling if the complainant has filed an administrative lawsuit.
Section 2.
PROCEDURES FOR REGISTRATION OF INVENTIONS
23. Requirements for invention registration
applications
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
23.2
An application must clearly indicate that the object sought to be protected is
a product or process complying with the provisions of Clause 12, Article 4 of
the Intellectual Property Law.
23.3
An application must ensure uniformity as specified in Clauses 1 and 2, Article
101 of the Intellectual Property Law, which is guided as follows.
An
application is considered uniform if:
a)
It requests protection of only one object; or,
b)
It requests protection of a group of technically interrelated objects that
demonstrate the sole inventive idea and fall into the following cases:
(i)
An object is used to create (produce, manufacture or prepare) another object;
(ii)
An object is used to accomplish another object;
(iii)
An object is used to utilize another object;
(iv)
Objects are of the same type and have the same function to secure the
achievement of the same result.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
23.5
Requirements for declaration
The
applicant shall submit two copies of a written declaration made according to a
set form (not printed herein). In the section International patent
classification in the written declaration, the applicant shall state the
classification criteria of technical solutions sought to be protected according
to the latest International Patent Classification (under the Strasbourg
Agreement) published by the NOIP in the Industrial Property Official Gazette.
If the applicant fails to classify or correctly classify, the NOIP shall
conduct the classification and the applicant shall pay a classification service
charge as prescribed.
23.6
Requirements for invention description
The
applicant shall submit two copies of an invention description. An invention
description must consist of the section of invention description and the
invention protection coverage.
a)
The description section must completely disclose the nature of the technical
solution sought to be registered. It must contain sufficient information based
on which any person with average skill in the art can deduce the solution. It
must clarify the novelty, inventive steps and susceptibility of industrial
application of the technical solution (if the protection title applied for is
an invention patent); clarify the novelty and susceptibility of industrial
application of the technical solution (if the protection title applied for is a
utility solution patent).
Person
with average skill in the art means a person who has ordinary technical
practice skills and is acquainted with publicly available general knowledge in
the art.
b)
The description section must contain the following:
(i)
Title of the invention, which briefly expresses the object or objects sought to
be registered (hereinafter collectively referred to as the object). The title
of the invention must be brief and must not be of a promoting or advertising nature;
(ii)
Use field of the invention: The field in which the object is utilized or to
which the object is relevant;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iv)
Technical nature of the invention: The nature of the object, with signs
(characteristics) featuring the object as well as those considered novel
compared to those of known similar technical solutions clearly indicated;
(v)
Brief description of accompanied drawings (if any);
(vi)
Detailed description of invention realization variations;
(vii)
Examples of invention realization;
(viii)
Benefits (effects) expected to be achieved.
c)
The invention protection coverage (hereinafter referred to as the protection
coverage or protection claim)
The
protection coverage (claim) shall be used to determine the scope of industrial
property rights to inventions. The protection coverage (claim) must be
presented briefly and clearly in conformity with the description and drawings,
making clear signs of novelty of the object sought to be protected (hereinafter
referred to as the object), and comply with the following regulations:
d)
The protection coverage (claim) must be adequately demonstrated by the
description, including prerequisite and sufficient substantial technical signs
to identify the object, achieve the set objective and distinguish the object
from a known object.
e)
Technical signs within the protection coverage (claim) must be clear, precise
and recognizable in the art.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h)
If the application contains drawings illustrating the protection claim, signs
shown in the protection coverage (claim) may be accompanied with indication
numbers put in brackets. Those indication numbers are not considered confining
the protection coverage (claim).
i)
The protection coverage (claim) should (is not required to) be expressed in two
sections: Restriction and Distinction. The section Restriction covers the title
of the object and signs of the object that are identical to those of the latest
known object and is connected to the section Distinction by the phrase
distinguishable by or characterized by or equivalent expressions. The section
Distinction covers signs that distinguish the object from the latest known object
and are combined with signs of the section Restriction to constitute the object
sought to be protected.
k)
The protection coverage (claim) may include one or more than one points. A
multi-point protection coverage (claim) may be used to present an object sought
to be protected, with the first point (called independent point) and subsequent
point(s) used to concretize the independent point (called dependent point(s));
or to present a group of objects sought to be protected, with several
independent points, each presenting an object sought to be protected in the
group. Such an independent point may have dependent point(s),
l)
Points of the protection coverage (claim) must be numbered with Arabic
numerals, followed by a dot.
m)
A multi-point protection coverage (claim) used to present a group of objects
must satisfy the following requirements: Independent points presenting
different objects must not invoke other points of the protection coverage
(claim), unless the invocation helps avoid total repetition of the content of
another point; dependent points must immediately follow the independent point
on which they are dependent..
23.7
Requirements for invention abstracts
An
applicant shall submit two copies of an invention abstract. An invention
abstract is used to concisely describe (with no more than 150 words) the nature
of the invention. The abstract must disclose principal details of the nature of
the technical solution for the informatory purpose. The abstract may contain
typical drawings or formulas.
23.8
Additional provisions applicable to applications for registration of inventions
concerning biotechnologies
a)
Apart from the general requirements for an invention description specified at
Point 23.6 of this Circular, for an application for registration of an
invention concerning genetic sequences or part of genetic sequences, the
description section must contain a list of genetic sequences presented
according to standard WIPO ST.25 section 2 (ii) (the standard of presentation
of a list of nucleotide sequences and amino acid sequences in an invention
registration application).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Particularly, an invention for/concerning biological materials, which can
neither be described nor adequately described so that any person with average
knowledge of biotechnology can realize, shall be regarded as being fully
disclosed only if it satisfies the following conditions:
(i)
The biological material sample is deposited at a competent depositary office
defined at Point 23.9 of this Circular no later than the filing date;
(ii)
The description section clearly discloses necessary information on the
characteristics of the biological material the applicant might obtain;
(iii)
The written declaration clearly defines the biological material depositary
office, the identification number of the deposited biological material granted
by the depositary office, and documents certifying such information shall be
submitted to the NOIP within 16 months from the date of priority or no later
than the date of filing the request for early publication of application (if
any), whichever is earlier, except for the cases specified at Point 23.9.d of
this Circular.
d)
If the applicant is not the depositor of the biological material, the written
declaration must clearly state the name and address of the depositor, and
documents certifying the lawful use of the biological material shall be
submitted to the NOIP within 16 months from the date of priority, or no later
than the date of filing the request for early publication of application (if
any), whichever is earlier, except for the cases specified at Point 23.9.d of
this Circular.
23.9
Deposit of samples of biological materials
a)
The deposit of samples of biological materials aims to serve the substantive
examination of applications for registration of inventions concerning those
biological materials.
b)
Samples of a biological material must be submitted to a competent biological
material depositary office no later than the date of filing the application for
registration of an invention concerning that biological material.
c)
Competent biological material depositary office is an office in Vietnam or a
foreign country designated or accredited by the Ministry of Science and
Technology as having the biological material depositary function.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
For samples of a biological material deposited at a foreign depositary office,
the NOIP may request the applicant to additionally deposit samples of the
biological material at a competent depositary office in Vietnam when it finds
it necessary to clarify the nature of the object sought to be protected or to
satisfy a third party's request for access to the object.
23.10
Additional provisions applicable to applications for registration of inventions
concerning pharmaceuticals.
Apart
from the general requirements for an invention description specified at Point
23.6 of this Circular, for an application for registration of an invention
concerning a pharmaceutical, the description section must state the results of
clinical trials and pharmaceutical effects of the pharmaceutical, including at
least the following information:
a
Used substances/mixtures;
b)
Employed trial method (system);
c)
Trial results;
d)
Correlation between the result of the pharmaceutical effects obtained in the
trials and the practical usage of the pharmaceutical in disease prevention,
diagnosis and treatment.
23.11
Additional provisions applicable to applications for registration of inventions
concerning gene source or traditional knowledge
Apart
from the general requirements for invention registration applications specified
at Points 23.1 thru 23.7 of this Circular, an application for registration of
an invention concerning gene source or traditional knowledge must also contain
documents explaining the origin of the gene source and/or traditional knowledge
accessed by the inventor or the applicant, if the invention is directly based
on that gene source and/or traditional knowledge. If the inventor or the
applicant cannot identify the origin of the gene source and/or traditional
knowledge, he/she shall so declare and bear responsibility for the truthfulness
of his/her declaration.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The
procedures for formality examination and publication of invention registration
applications shall comply with the general procedures specified at Points 13
and 14 of this Circular.
25. Substantive examination of invention
registration applications
25.1
Request for substantive examination of an invention registration application
a)
The applicant or any third party may request the NOIP to conduct the
substantive examination of an invention registration application according to
the provisions of Article 113 of the Intellectual Property Law and the
following specific provisions:
(i)
A request for substantive examination of an invention registration application
must be made in writing according to a set form (not printed herein) and
presented in the written declaration of the invention registration application
(if the requester is the applicant and such request is made upon the filing of
the application);
(ii)
A request for substantive examination of an invention registration application
must be filed within 42 months from the date of priority if the application
contains a request for grant of an invention patent, or within 36 month from
the date of priority if the application contains a request for grant of a
utility solution patent. The time limit for filing a request for substantive
examination may be prolonged for plausible reasons but must not exceed 6
months;
(iii)
A requester for substantive examination of an invention registration
application shall pay the prescribed search charge and substantive examination
charge. If a request for substantive examination is filed later than the set
time limit, the requester shall additionally pay a prolongation fee according
to the provisions of Point 20.4.b of this Circular. If the substantive
examination charge is not paid, the request for substantive examination filed
with the NOIP shall be considered invalid and the NOIP will not conduct the
substantive examination of the application .
b)
A request for substantive examination of an invention registration application
filed after the application is published shall be published in the Industrial
Property Official Gazette in the second month after it is received. If such a
request is made by a third party, it shall be notified to the applicant.
A
request for substantive examination of an invention registration application
filed before the application is published shall be published together with the
application.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
25.2
Order for carrying out the procedures for substantive examination
The
substantive examination of an invention registration application shall be
conducted according to the general order specified at Point 15 of this Circular
and specific provisions of this Point.
25.3
Assessment of compatibility of the object stated in the application with the
type of invention protection title
a)
The object stated in an invention registration application shall be considered
incompatible with the type of invention protection title applied for by the
applicant (invention patent/utility solution patent) if it is not a technical
solution, particularly not a product or a process. The method of identifying
technical solutions is provided at Point 25.3.b below.
b)
A technical solution an object to be protected as an invention - is a
collection of prerequisite and sufficient information on technical methods
and/or technical devices to accomplish a given task (solve a given problem.
A
technical solution may take one of the following forms:
(i)
A product in the form of a tangible object (tool, machine, equipment, part,
electric circuit, etc.) which is presented by a collection of information
identifying a man-made product, characterized by signs (features) of its
configuration, and functions (is utilized) as a device to meet a certain human
need; or a product in the form of a material (material, component, food,
pharmaceutical, etc.) which is presented by a collection of information
identifying a manmade product, characterized by signs (features) of its presence,
ratios and state of its elements, and functions (is utilized) as a device to
meet a certain human need; or a product in the form of a biological material
(gene, genetically modified plant/animal, etc.) which is presented by a
collection of information on a product containing genetic information modified
by human manipulations and capable of self-regeneration;
(ii)
A process (technological process; diagnosing, forecasting, checking or treating
method) which is presented by a collection of information identifying the
method of performing a given process or job, characterized by signs (features)
of the order conditions, components methods and devices for performing
manipulations to achieve a certain objective.
c)
An object stated in an application shall not be considered a technical solution
in the following cases:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
Problem (task) raised for solution is not a technical problem and cannot be
technically solved;
(iii)
Natural products other than those created by humans.
25.4
Assessment of susceptibility of industrial application according to the
provisions of Article 62 of the Intellectual Property Law
a)
A technical solution stated in an application shall be considered susceptible
of utilization if:
(i)
information on the nature of the solution and instructions on necessary
technical conditions are presented so clearly and adequately that any person
with average knowledge in the art can create, produce, utilize, exploit or
realize that solution;
The
concept person with average knowledge in the art is understood according to the
provisions of Point 23.6.a of this Circular;
(ii)
The creation, production, utilization, exploitation or realization of the above
solution may be repeated with the same result identical to the result stated in
the invention description.
b
A technical solution shall be considered unsusceptible of industrial
application in the following cases:
(i)
The nature of the object or instructions for realization of the object run
counter to the basic scientific principles (for instance, non-compliance with
the conservation of energy law...);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iii)
The object contains an inherent contradiction;
(iv)
Instructions on the object can only be realized in a limited number of times
(unrepeatable);
(v)
To be able to apply the solution, a person must have a special skill which
cannot be passed down or guided to others;
(vi)
Results achieved at different times of realization are not the same;
(vii)
Achieved results are different from those stated in the application;
(viii)
The most important instructions to realize the solution are totally absent or
insufficient;
(ix)
Other cases where there exist other justifiable reasons.
25.5
Assessment of novelty according to the provisions of Article 60 of the
Intellectual Property Law
a)
Mandatory minimum information source
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
All invention registration applications received by the NOIP with
classification criteria the same as those of the object stated in the
application currently under examination - considering also division criteria
(third-class criteria), and having publication dates earlier than the filing
date or the date of priority of the application currently under examination;
(ii)
Invention registration applications or invention protection titles published by
other organizations or countries within 25 years before the filing date or the
date of priority of the application currently under examination (if that
application enjoys priority) stored in the patent database of the NOIP and
other information sources defined by the NOIP, with the scope of search specified
at Point 25.5.a (i) above.
When
necessary and possible, the search may be extended to scientific presentations
and reports on achievements of research programs and projects and other
documents in the same technical field published and stored at the National
Center for Scientific and Technological Information.
b)
Purposes of the search
The
purpose of the information search is to find a technical solution with the
nature similar or identical to that of the technical solution stated in the
application.
At
this point:
(i)
Two technical solutions are considered identical when all their substantial
signs (features) are identical or equivalent (interchangeable);
(ii)
Two technical solutions are considered similar when most of their substantial
signs (features) are identical or equivalent (interchangeable);
(iii)
Control technical solution means a technical solution identical or most similar
to the technical solution stated in the application;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Search reports
Information
search results must be shown in a search report which clearly states the field
and scope of search, and search results within that scope (statistics on
control technical solutions found, clear indication of identical signs, titles
of control documents, numbers of pages and lines, origins of and dates of
publication of those documents) and the full name of the report maker (search
person).
d)
Method of assessing novelty of technical solutions
To
assess the novelty of a technical solution stated in an application, a
comparison must be made between substantial signs (features) of that technical
solution and signs of a control technical solution found through the
information search, in which:
(i)
Substantial signs of the technical solution may be its characteristics in terms
of function, utility, disposition, inter-connection, composition, etc., which
constitute, together with other substantial signs, a prerequisite and
sufficient combination to determine the nature (content) of the object;
(ii)
Substantial signs of the technical solution stated in the application and
protection titles are presented in the invention protection coverage (claim;
(iii)
Substantial signs of technical solutions stated in other documents are
expressed and noticed according to written descriptions or real forms of
expression of those technical solutions.
e)
Conclusions on novelty of technical solutions
Corresponding
to a point of the protection coverage (claim), the technical solution stated in
the application shall be considered novel to the technical level worldwide if:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
A control technical solution is found but the technical solution stated in the
application has at least one substantial sign not found in the control
technical solution (and such sign is called the distinctive substantial sign).
25.6
Assessment of inventive steps according to Article 61 of the Intellectual
Property Law
a)
Mandatory minimum information source
To
assess inventive steps of a technical solution, information search must be conducted
at least from (but not confined to) the mandatory source defined at Point
25.5.a of this Circular.
b)
Assessment of inventive steps
The
assessment of inventive steps of a technical solution stated in an application
shall be conducted through assessing distinctive substantial sign(s) stated in
the protection coverage (claim) before concluding:
(i)
Whether or not distinctive substantial sign(s) is/are regarded as having been
disclosed in the mandatory minimum information source, and;
(ii)
Whether or not the combination of distinctive substantial signs is considered
obvious to a person with average knowledge in the art.
Corresponding
to a point of the protection coverage (claim), the technical solution shall be
regarded as having inventive steps if the inclusion of a distinctive
substantial sign in a combination of substantial signs of the technical
solution is the result of inventive work and is not obvious to a person with
average knowledge in the art.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
The combination of distinctive substantial signs is obvious (any person with
average knowledge in the art knows that to perform a given function or to
achieve a set objective, it is a must to use that combination of signs and once
that combination of signs is used the set objective can necessarily be achieved
or the given function performed);
(ii)
The combination of distinctive substantial signs has been disclosed in the same
or similar form in one/several known technical solutions in the mandatory
minimum information source;
(iii)
The technical solution is a simple combination of known technical solutions and
its function, objective and effect are also simple combinations of those of
known technical solutions.
d)
At this point:
(i)
Two signs shall be considered the same if they have the same nature;
(ii)
Two signs shall be considered equivalent if they have similar natures, the same
objective and basically similar ways to achieve the objective.
25.7
Inspection of observance of the first-to- file rule defined in Article 90 of
the Intellectual Property Law
Before
issuing a decision on the grant of a protection title, the NOIP shall inspect
the observance of the first-to-file rule for invention registration
applications already substantively examined and concluded as having satisfied
the protection conditions according to the following provisions:
a)
Mandatory minimum information source
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
All
invention registration applications received by the NOIP (up to the date of
inspection) with classification criteria the same as those of the object stated
in the application currently under examination - taking into account the
division criteria (third-class criteria) and with filing dates or dates of
priority earlier than the filing date or date of priority of the application
currently under examination (if that application enjoys priority) and not yet
published, or with filing dates or dates of priority later than the filing date
or date of priority of the application currently under examination (if that
application enjoys priority);
b)
The purpose of the search is to find application(s) for registration of the
same invention and identify the application with the earliest filing date or
date of priority;
c)
If there are many applications for registration of the same invention, the
protection title shall only be granted for the valid application with the
earliest date of priority or filing date among applications satisfying the
conditions for grant of protection title;
d)
If there are many applications for registration of the same invention
satisfying the conditions for the grant of a protection title and having the
same date of priority or earliest filing date, the protection title may only be
granted for only one application among those applications as agreed upon by all
applicants. If no agreement is reached, all applications shall be refused;
e)
If an invention registration applicant makes a claim for priority on the basis
of an initial application for registration of the same invention already filed
in Vietnam, the protection title may only be granted for the accepted invention
registration application containing a claim for priority while the initial
application filed in Vietnam shall be considered withdrawn.
25.8
Notification of substantive examination results
The
notification of results of substantive examination of invention registration
applications shall be carried out according to the general procedures specified
at Point 15.7.a of this Circular.
26. Grant, registration and publication of
invention patents, utility solution patents
The
issuance of decisions on grant, registration or publication of invention
patents or utility solution patents shall comply with the general procedures
specified at Points 18 and, 19 of this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
27.1
Application-receiving agency
The
agency competent to receive international patent applications in Vietnam is the
NOIP.
The
NOIP shall:
a)
Receive international applications originating in Vietnam;
b)
Collect the fee for sending international applications and notify applicants of
the prescribed fees to be paid to the International Bureau and the
International Search Office under the Patent Cooperation Treaty - PCT
(hereinafter referred to as the Treaty);
c)
Check whether or not the fees are paid on time;
d)
Check and process international applications originating in Vietnam under the
Treaty;
e)
Identify objects sought to be protected: If objects sought to be protected of
applications are classified as national secrets, next steps shall not be
performed and paid fees shall be refunded to applicants, except for the fees
for sending and copying international applications;
g)
Send a copy (file copy) of an international application originating in Vietnam
to the International Bureau and another copy (search copy) to the International
Search Office;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
27.2
Languages
International
applications originating in Vietnam and filed to the NOIP must be in English.
An application shall be made in three copies.
For
applications with insufficient copies, the NOIP shall make additional copies
and applicants shall pay the copying fee.
27.3
International search offices and international preliminary examination offices
For
international applications originating in Vietnam, competent international
search offices and international preliminary examination offices are patent
offices, industrial property or intellectual property offices of Australia,
Austria, the Russian Federation, Sweden, the Republic of Korea and the European
Patent Office.
27.4
International applications designating Vietnam
a)
If an international application designates Vietnam, the NOIP is the designated
office. In this case, in order to enter the national phase, the applicant shall
submit, within 31 months from the date of priority, to the NOIP the following:
(i)
Written declaration requesting invention registration, made according to a set
form (not printed herein;
(ii)
Copy of the international application (if the applicant requests the entry into
the national phase before the date of publication of the international
publication);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iv)
National charges and fees.
b)
International applications filed with the NOIP within six months after the
expiration of the time limit specified at Point 27.4.a above may be accepted on
the condition that applicants pay the prescribed charges and fees.
27.5
International applications electing Vietnam
a)
If an international application elects Vietnam, the NOIP is the elected office.
In this case, if the election of Vietnam is made within 19 months from the date
of priority, in order to enter the national phase, the applicant shall submit,
within 31 months from the date of priority, to the NOIP the following
documents:
(i)
Written declaration requesting invention registration, made according to a set
form (not printed herein;
(ii)
Vietnamese translation of the international application: The description,
consisting of a description section, protection request, annotations for
drawings and abstract (the published copy or initially filed original
application, if the application has not yet been published, and modified copy and
explanation of modified contents, if the international application has been
modified under Article 19 and/or Article 34(2)(b) of the Treaty);
(iii)
Vietnamese translations of annexes to the international preliminary examination
report (when substantive examination of the application is requested);
(iv)
National charges and fees.
b)
International applications filed with the NOIP within six months after the
expiration of the time limit specified at Point 27.5.a above may be accepted on
the condition that applicants pay the prescribed charges and fees.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
To
enjoy the priority, an applicant shall reaffirm it in the written declaration,
pay the charge for priority claim and submit, upon the NOIPs request,
Vietnamese translations of necessary documents already submitted to the
International Bureau as defined in Rule 17.1(a) of the Regulation on
implementation of the Treaty.
For
PCT applications, the handling of claims for priority shall comply with the
Treaty and the Regulation on implementation of the Treaty.
27.7
Processing of international applications in the national phase
a)
Amendment and supplementation of documents in the national phase
In
compliance with Rule 5 ibis of the Regulation implementation of the Treaty, an
applicant shall submit the power of attorney and the paper on assignment of the
right to file an application in the national phase (if any) within 34 months
from the date of priority.
In
compliance with Articles 28 and 41 of the Treaty and Rules 52.1(b) and 78.1(b)
of the Regulation on implementation of the Treaty, an applicant may amend and
supplement documents of the application in the national phase. Right at the
time of entry into the national phase, the applicant may also amend and
supplement the description. The above amendment and supplementation shall
comply with the provisions of Article 17 of this Circular.
Amended
and supplemented documents submitted by the applicant to the NOIP must be in
Vietnamese..
b)
Time of beginning of the national phase
The
time when the processing of an international application designating or
electing Vietnam in the national phase starts is the first day of the thirty
second month from the date of priority if the applicant files no written
request for entry into the national phase earlier than the above time limits.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
After
entering the national phase, an international application shall be put to
formality examination and substantive examination according to the procedures
applicable to ordinary invention registration applications. If the applicant
requests in writing earlier examination of his/her application and pay the
prescribed charge, the international application shall be examined earlier than
the time limit specified at Point 27.7.b above in accordance with the
provisions of Article 2 3(2) of the Treaty.
d)
International applications considered withdrawn
In
addition to the cases where an international application is considered
withdrawn specified in the Treaty and the Regulation on implementation of the
Treaty, an international application designating or electing Vietnam shall be
considered withdrawn if the national fees are not paid to the NO1P or there is
no Vietnamese translation upon the expiration of the set time limit.
27.8
International registration charges and fees
a)
Applicants whose international applications enter the national phase shall pay
the prescribed charges and fees for invention registration applications
directly filed in Vietnam.
b)
Applicants whose international applications originate from Vietnam shall pay
the charges and fees prescribed by the Regulation on implementation of the
Treaty and the Ministry of Finances Circular guiding the collection,
remittance, management and use of industrial property charges and fees.
Section 3.
PROCEDURES FOR REGISTRATION OF LAYOUT DESIGNS
28. Requirements for layout design registration
applications
28.1
A layout design registration application (application) must satisfy the general
requirements specified at Points 7 and 10 of this Circular and the specific
requirements specified at this Point.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Four sets of photos or four sets of drawings of the layout design;
b)
Four specimens of the integrated circuit manufactured under the layout design,
if that layout design has been commercially exploited;
c)
Description of the integrated circuit manufactured under the layout design,
including information disclosing the nature of the layout design.
28.3
An application must ensure uniformity according to the provisions of Clause 1,
Article 101 of the Intellectual Property Law, i.e., it requests protection of
only one layout design of an integrated circuit.
28.4
When having grounds (information, proofs) to doubt the truthfulness of
information in an application, the NOIP may request the applicant to submit
within one month documents certifying such information, especially documents
certifying the lawful right of registration, in case the applicant enjoys the
right to file from another person (certificate of inheritance right,
certificate or agreement on assignment of the right to file; contract on
assignment of jobs or labor contract, etc...);
28.5
Requirements for written declarations
An
applicant shall submit two copies of a written declaration, made according to a
set form (not printed herein).
28.6
Requirements for sets of photos and drawings of layout designs
a)
General requirements: A set of photos or drawings of a layout design must
adequately show the three-dimensional disposition of circuit elements and their
inter-connections in a semiconductor integrated circuit, based on which only
one layout design can be deduced.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Types of document:
A
set of photos/drawings of a layout design must include at least one of the
following three types of document:
(i)
Automated drawings of the layout design for each integrated circuit layer;
(ii)
Drawings or photos of photolithographic mask for the fabrication of each
integrated circuit layer;
(iii)
Photos of each layout design layer incorporated in the integrated circuit;
c)
Form of documents: A set of photos! drawings of a layout design must be
submitted in the paper form and may be annexed by carriers of the electronic
data of part of or the entire set of photos/drawings.
d)
Presentation of documents
(i)
A set of photos/drawings of a layout design must include (a combination of)
separate photos! drawings for each layout design layer, annotated by the symbol
of each layer, dimensions of the integrated circuit and the magnification;
(ii)
All photos/drawings of a layout design must be of the same scale. For paper
documents: Each photo/drawing of the layout design must be at least 20 times
larger than the original size of the integrated circuit and make basic circuit
designs visible to bare eyes;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iv)
Photos/drawings of a layout design must be clear and well defined.
28.7
Requirements for specimens of integrated circuits manufactured under layout
designs
a)
A specimen to be submitted must be part of or the entire integrated circuit
totally compatible with the layout design stated in the application. If an
integrated circuit manufactured under a layout design constitutes an integral
part of another product, such product shall be submitted together with a
document precisely indicating the section of the integrated circi.iit
manufactured under that layout design
b)
For a layout design that is commercially exported anywhere in the world before
the filing date, the applicant shall submit the commercially exploited
specimen.
28.8
Requirements for descriptions of semiconductor integrated circuits manufactured
under layout designs
B
A description must contain the following detailed information on a
semi-conductor integrated circuit manufactured under a layout design sought to
be protected:
a)
Appellation sign: A combination of letters and/or numerals used to distinguish
an integrated circuit from another when being circulated in the market;
b)
Description of basic functions of the integrated circuit (for example: memory
or logic function or other functions);
c)
Description of the basic disposition of the integrated circuit (for example:
bipolar, MOS, BiMOS or photo-electronic disposition or other dispositions);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
Description of main features to distinguish the integrated circuit from other
integrated circuits on the market at the time of filing the application or the
time of first commercial exploitation in the world, whichever is earlier.
29. Confidentiality of information in layout
design registration applications
An
applicant may file a written request for information confidentiality together
with a layout design registration application according to the following
provisions:
29.1
Permitted maximum degree of confidentiality:
a)
For a layout design not yet commercially exploited: 50% of each layers surface;
b)
For a commercially exploited layout design: two layers in each group of five
layers in a top- down hierarchy.
29.2
To enjoy information confidentiality, an applicant shall file a written request
for information confidentiality made under the NOIPs guidance and indicating
documents and materials containing confidential information.
29.3
Documents containing confidential information must be put in separate packs and
may be submitted in the following forms:
a)
Microfilm or similar forms, for documents showing dimensions of the design on
computer- aided drawings;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Drawings or photos containing invisible sections, provided that features of the
layout designs are basically visible.
29.4
The NOIP is obliged to keep confidential information upon the request of
applicants in accordance with the provisions of Point 29.1 of this Circular.
30. Formality examination of layout design
registration applications
30.1
The procedures for formality examination of layout design registration
applications shall comply with the general provisions of Points 13.1, 13.2,
13.3, 13.4 and 13.8 of this Circular and specific procedures applicable to
layout design registration applications specified at this Point.
30.2
Notification of results of formality examination
a)
If an application falls into one of the cases specified at Point 13.2 of this
Circular or still contains errors defined at Point 13.3 of this Circular, the
NOIP shall carry out the procedures specified at Point l3.6.a of this Circular.
b)
For a valid application, the NOIP shall send to the applicant a notice on
acceptance of valid application, clearly stating the name and address of the
applicant, the name of the representative (if any) and information on the
object stated in the application, the filing date, and concurrently declaring
that the object stated in the application may be granted a certificate of
registered layout design if no reasonable opposition is made by a third party
to the registration of that layout design within three months after the layout
design is published in the Industrial Property Official Gazette.
30.3
Refusal to accept applications
If
an applicant, after receiving a NOIP notice on the results of formality
examination, which points to errors and states the NOIPs intended refusal to
accept the application according to the provisions of Point 13.6.a of this
Circular, fails to correct errors or unsatisfactorily corrects errors or makes
no opposition or an unreasonable opposition within a set time limit, the NOIP
shall send to that applicant a notice on its refusal to accept the layout
design registration application and, at the applicants request, refund paid
charges and fees for jobs to be performed after the formality examination.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
31.1
A layout design registration application accepted as valid shall be published
according to the general procedures specified at Point 14 of this Circular and
this Point.
31.2
Access to detailed information on valid layout design registration applications
a)
After a layout design registration application is published in the Industrial
Property Official Gazette, any person may access detailed information on the
nature of the layout design stated in the published application, except for
information kept confidential according to the provisions of Article 29 of this
Circular.
b)
Only the agency competent to carry out procedures for invalidation of
protection titles or procedures for administrative handling of infringements of
rights to layout designs can access confidential information on layout designs.
32. Grant, registration and publication of
decisions on grant of certificates of registered layout designs
32.1
Notification of intended grant of certificates of registered layout designs
If
no opposition is made by a third party to the registration of a layout design
within three months after the layout design is published in the Industrial
Property Official Gazette or though an opposition is made, it is later proved
unreasonable through handling, the NOIP shall notify its intended grant of a
certificate of registered layout design for the object stated in the
application. The time limit for the applicant to pay the fees for publication,
registration and grant of a protection title is one month from the date of
notification.
32.2
Grant, registration and publication of decisions on grant of certificates of
registered layout designs
The
procedures for grant, registration and publication of certificates of
registered layout designs shall comply with the general procedures specified at
Points 18.2 and 19 of this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
If
an opposition is made by a third party to the grant of a certificate of
registered layout design within three months after the layout design is
published in the Industrial Property Official Gazette and that opposition is
proved reasonable, the NOIP shall carry out procedures for refusal to grant a
certificate of registered layout design according to the general procedures
specified at Point 18.1 of this Circular.
Section 4.
PROCEDURES FOR REGISTRATION OF INDUSTRIAL DESIGNS
33. Requirements for industrial design
registration applications
33.1
Industrial design registration applications must satisfy the general
requirements specified at Points 7 and 10.1 of this Circular and the specific
requirements specified at this Point.
33.2
Industrial design registration applications must ensure uniformity according to
the provisions of Clauses 1 and 3, Article 101 of the Intellectual Property Law
and the following provisions.
An
industrial design registration application is considered uniform if:
a)
It requests protection of an industrial design of a product; or
b)
It requests protection of industrial designs of more than one products in a set
of products, of which each product has its own industrial design; or
c)
It requests protection of an industrial design of a product accompanied with
one or several variations of that industrial design.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
When there is a ground (information, proof) to doubt the truthfulness of
information in an industrial design registration application, the NOIP may
request the applicant to submit within one month documents certifying such
information, especially documents certifying the lawful right of registration
in case the applicant enjoys the right to file from another person (certificate
of inheritance right, certificate or written agreement on assignment of the
right to file; contract on job assignment or labor contract, etc);
b)
The NOIP may also request the applicant to submit within one month documents
certifying the lawful ownership or the lawful right to use trade indications
(marks, geographical indications or trade names), protected industrial designs
of other persons, if it has a ground to doubt that the industrial design stated
in the application contains those objects.
33.4
Requirements for written declarations
An
applicant shall submit two copies of a written declaration made according to a
set form (not printed herein). Apart from sections that need to be filled in,
the written declaration must state the criteria for classification of the
industrial design sought to be protected in accordance with the International
Industrial Design Classification (under the Locarno Agreement). If the
applicant fails to classify or inaccurately classifies the industrial design,
the NOIP shall carry out the classification for which the applicant shall pay a
charge as prescribed.
33.5
Requirements for industrial design descriptions
An
applicant shall submit one copy of the industrial design description that
contains the following contents:
a)
Name of the industrial design, which is the name of the product imbued with the
industrial design, expressed in common words and phrases, not of the
advertising nature, does not contain symbols, annotations and trade
indications;
b)
Field in which the industrial design is used, which is a specific field in
which the product imbued with the industrial design is used, clearly stating
the use purpose of the product;
c)
The most similar industrial design: To clearly state an industrial design which
is least different from the industrial design of the same product stated in the
application and widely known before the filing date or the date of priority (if
the application contains a claim for priority), indicating the information
source publicly disclosing the most similar industrial design;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
The section of description of the industrial design must satisfy the following
provisions:
(i)
It fully discloses the nature of the industrial design sought to be protected,
adequately showing design features presenting the nature of the industrial
design as well as new design features that are distinguishable from the most
similar industrial design defined at Point 33.5.c above and consistent with
those shown in the set of photos or drawings;
(ii)
Design features of the industrial design sought to be protected must be
presented one after another in the following order: Configuration and line
features, correlation between configuration and/or line features, color
features (if any);
(iii)
For a product that have different usages (for example: a product with cover or
foldable), its industrial design must be described in different states;
(iv)
If an industrial design consists of many variations, distinctive
characteristics of the basic variation (the first variation stated in the
application) in comparison with those of remaining variations must be clearly
indicated);
(v)
If an industrial design is the design of a set of products, the design of each
product in the set must be described.
g)
Coverage of protection (or claim for protection) of the industrial design must
fully enumerate prerequisite and sufficient design features to identify the
nature of the industrial design sought to be protected and the scope of
industrial property rights to the industrial design, shown on photos or
drawings stated in the application, and including new and distinctive design
features as compared with known similar industrial designs.
33.6
Requirements for sets of photos or drawings of industrial designs
An
applicant shall submit five sets of photos or five sets of drawings of an
industrial design, sets of photos or drawings must fully present design
features of the industrial design sought to be protected, based on which any
person with average knowledge in the art can identify that industrial design,
and follow the following guidance:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Photos or drawings must show the industrial design on the same scale. The size
of the industrial design shown in photos or drawings must neither be smaller
than 90 mm x 120 mm nor larger than 190 mm x 277 mm.
c)
Photos and drawings must show the industrial design viewed in the same
direction and in the following order: three-dimensional picture of the
industrial design, front, rear, right-side- left- side, top-down and down-top
shadows of the industrial design; shown shadows must be frontispieces.
d)
For an industrial design with symmetrical shadows, its photos or drawings are
not required to show more symmetrical shadows, provided that such is clearly
stated in the list of photos and drawings in the description.
e)
For the industrial design of an expandable product (for instance: box,
package), shadows of the industrial design may be replaced with photos or
drawings of the industrial design in an expanded state.
g)
Depending on the complexity of an industrial design, more photos or
three-dimensional drawings from other angles, cross-sections or magnified
pictures of parts, pictures of knocked down components of the product, etc.,
may be required to clearly show new and distinctive design features of the
industrial design sought to be protected.
h)
For a product that have different usages (for example: a product with cover or
foldable), there must be photos or drawings of its industrial design in
different states.
i)
For the industrial design of a part of a complete product, there must be more
photos or drawings illustrating the position for fitting or use of such part on
the complete product.
k)
For each variation of the industrial design, there must be a set of photos or
drawings fully presenting it according to the provisions of this Point.
l)
For a set of products, there must be three- dimensional pictures of the whole
set and a set of photos or drawings of each product in the set according to the
provisions of this Point.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Design features of an industrial design are elements presented in the form of
lines, configurations, colors, position or size correlation, which constitute,
in combination with other features (signs), a gathering necessary and
sufficient for the formation of that industrial design.
b)
The following elements are not regarded as design features of an industrial
design:
(i)
Configurations and lines dictated by the technical functions of the product
(for example: the flat shape of data-recording disks is dictated by the
relative motion between disks and reading heads...);
(ii)
Elements whose presence in the combination of signs gives no aesthetic
impression (impression of the shape of the product remains unchanged with or
without those elements; for example: if a change in a familiar configuration or
line is not impressive enough to be noticed, the changed configuration or line
will therefore be taken as old one);
(iii)
Materials used for manufacture of the product;
(iv)
Signs affixed or stuck on the product merely for the purpose of informing or
guiding the origin, features, composition, utility and usage of the product,
for example: words in a goods label;
(v)
Size of the product, except for change of size of patterns of a fabric sample
or similar materials.
c)
Substantial and insubstantial design features
Substantial
design features are design features that are easily noticeable/memorable,
necessary and sufficient to identify an industrial design and distinguish it
from another one used for the same type of product.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
34. Formality examination and publication of
industrial design registration applications
Procedures
for formality examination and publication of industrial design registration
applications shall comply with the general procedures specified at Points 13
and 14 of this Circular.
35. Substantive examination of industrial design
registration applications
35.1
Assessment of similarity of industrial designs:
a)
Two industrial designs are considered identical when they are used for the same
type of product and have the same gathering of substantial and insubstantial
design features;
b)
Two industrial designs are considered similar when they are used for the same
type of product and have several identical substantial design features;
c)
Two industrial designs are considered most similar when the number of their
identical substantial design features is larger than that of all other similar
industrial designs.
35.2
Order for carrying out procedures for substantive examination of industrial
design registration applications
The
substantive examination of industrial design registration applications
(applications) shall be conducted according to the general order specified at
Point 15 of this Circular and specific provisions of this Point.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
An
object stated in an application shall be considered incompatible with the type
of industrial design protection title when:
a)
The object is not the appearance of a product;
b)
The object stated in the application is:
(i)
A products appearance dictated by its technical characteristics;
(ii)
A civil or industrial construction works appearance;
(iii)
Interior design (invisible part) of a product in use (exploitation of a
products utility by ordinary methods and by any consumer excluding its
maintenance, preservation or repair).
35.4
Information search
a)
Purpose of information search
The
purpose of information search is to find in the mandatory minimum information
source industrial designs identical or similar to the industrial design stated
in the application.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
Industrial design registration applications already received by the NOIP and
having dates of publications earlier than the filing date or date of priority
of the examined application (if it enjoys priority);
(ii)
Industrial design registration applications and industrial design protection
titles published by other organizations or countries within 25 years before the
filing date or date of priority of the examined application (if it enjoys
priority), which are archived in the NOIPs database on existing industrial
designs;
(iii)
Other information related to industrial designs collected and archived by the
NOIP;
(iv)
Industrial design registration applications received by the NOIP and having
filing dates or dates of priority (if they enjoy priority) earlier than the
filing date or date of priority of the examined application (used to inspect
the observance of the first-to-file rule specified at Point 35.9 of this
Circular).
c)
When necessary and possible, the search may be expanded beyond the mandatory
minimum information source.
35.5
Search reports
Search
results shall be presented in a search report that clearly states the searched
field, search scope, search results within that scope (statistics on and clear
indication of control industrial designs found, information sources and date of
publication of information) and the full name of the report maker (search
person).
At
this point, a control industrial design means an industrial design identical or
similar to the industrial design stated in the application and compared with
the latter upon assessment of novelty and creativity.
35.6
Assessment of susceptibility of industrial application of industrial designs
according to Article 67 of the Intellectual Property Law
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The
concept any person with average knowledge in the art is understood according to
the relevant provisions of Point 23.6.a of this Circular.
b)
In the following cases, the object stated in the application shall be
considered insusceptible of industrial application:
(i)
It is the shape of a product with an unfixed state of existence (products in
gaseous or liquid form);
(ii)
A product whose shape identical to the object stated in the application can
only be created with special skills or it is impossible to repeatedly
manufacture a product whose shape identical to the object stated in the
application;
(iii)
Cases where there exist other justifiable reasons.
35.7
Assessment of novelty of industrial designs according to the provisions of
Article 65 of the Intellectual Property Law .
a)
Method of assessment of novelty of industrial designs
To
assess the novelty of an industrial design stated in an application, it is
necessary to compare the gathering of substantial design features of that
industrial design with that of an identical/the most similar industrial design
used as a control industrial design found through the information search.
b)
Conclusion on novelty of industrial designs
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
No control industrial design is found in the mandatory minimum information
source; or
(ii)
Though a control industrial design is found in the mandatory minimum
information source but the industrial design stated in the application has at
least one substantial design feature not found in (not belonging to) the
gathering of substantial design features of the control industrial design; or
(iii)
The control industrial design is the very industrial design stated in the
application published/disclosed in the cases specified in Clauses 3 and 4,
Article 65 of the Intellectual Property Law.
35.8
Assessment of creativity of industrial designs according to the provisions of
Article 66 of the Intellectual Property Law
a)
Method of assessment of creativity of industrial designs
To
assess the creativity of an industrial design stated in an application, it is
necessary to compare the gathering of substantial design features of that
industrial design with that of each identical or similar control industrial
design found through the information search.
b)
Conclusion on creativity of industrial designs
In
the following cases, the industrial design stated in an application shall be
considered non- creative:
(i)
It is a simple combination of known design features (publicly disclosed design
features are put together or assembled in such a simple way as replacement,
interchange of positions, increase or decrease of quantity);
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iii)
It is a simple reproduction of the shape of a product or work well known or
publicly known in Vietnam or worldwide;
(iv)
It is an imitation of an industrial design in another field, if such an
imitation is widely known in reality (for example: toys imitating cars,
motorcycles, etc...).
If
not falling into the above cases, an industrial design is considered creative.
35.9
Inspection of the first-to-file rule according to the provisions of Article 90
of the Intellectual Property Law
a)
To inspect the first-to-file rule, it is necessary to search information from
the mandatory source defined at Point 35.4.b (iv) of this Circular.
b)
The industrial design stated in the application shall be considered satisfying
the first- to-file rule if no identical or substantially indistinguishable
industrial design is found in applications that have satisfied the conditions
for grant of industrial design patents found through information search.
c)
The industrial design of a component of a product stated in the application
shall also be considered satisfying the first-to-file rule if no identical or
substantially indistinguishable industrial design of a component of a product
and! or a product is found in applications that have satisfied the conditions
for grant of industrial design patents found through information search .
d)
When different applications for registration of identical or substantially
indistinguishable industrial designs satisfy the conditions for grant of
industrial design patents and have the same date of priority or the earliest
filing date, the industrial design stated in the application is still
considered satisfying the first-to-file rule defined in Clause 2, Article 90 of
the Intellectual Property Law if all applicants reach an agreement on
designation of the applicant in only one application among those applications
to be granted an industrial design patent.
35.10
Notification of substantive examination results
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
36. Grant, registration and publication of
industrial design patents
Procedures
for issuance of decisions on grant, registration and publication of decisions
on grant of industrial design patents shall comply with the general procedures
specified in Points 18 and 19 of this Circular.
Section 5.
PROCEDURES FOR REGISTRATION OF MARKS
37. Requirements for mark registration applications
37.1
Mark registration applications must satisfy the general requirements on
application documents specified at Points 7 and 10.1 of this Circular and the
specific requirements at this Point.
37.2
Applications must ensure uniformity defined in Clauses 1 and 4, Article 101 of
the Intellectual Property Law. Each application may request registration of a
mark used for one or more than one goods or services.
37.3
If doubting about the truthfulness of information supplied in an application,
the NOIP may request the applicant to submit within one month the following
documents in order to certify such information:
a)
Documents evidencing the status of the applicant:
(i)
Business registration certificate, contract or another document certifying the
applicants goods production or service provision activities according to the
provisions of Clause 1, Article 87 of the Intellectual Property Law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iii)
Establishment decision or license, or organization charter certifying the
function and competence to manage a collective mark or a mark of certification
of the quality or geographical origin of goods or services according to the
provisions of Clauses 3 and 4, Article 87 of the Intellectual Property Law;
(iv)
Agreement, business registration certificate or documents related to the mark
registration by co-proprietors according to the provisions of Clause 5, Article
87 of the Intellectual Property Law;
(v)
Documents certifying that the applicant enjoys the right of mark registration
from another person according to the provisions of Clause 6, Article 87 of the
Intellectual Property Law;
(vi)
Written agreement or consent of the mark proprietor certifying the right of
mark registration in the name of a representative or agent according to the
provisions of Clause 7, Article 87 of the Intellectual Property Law and Article
6septies of the Paris Convention for the Protection of Industrial Property
Rights.
b)
Documents evidencing the status of the application owners representative: the
applicants original power of attorney; documents certifying that the
application owners representative is the representative at law of the
organization registering the mark or authorized person; papers certifying that
the applicants mandated person satisfies the requirements for acting as the
application owners representative according to the provisions of Point 3 of
this Circular.
c)
Documents evidencing the right to use/register a mark containing special
symbols, for:
(i)
Names, emblems, flags or armorial bearings of domestic or international
agencies and organizations or certification, control or warranty hallmarks of
international organizations as defined in Clauses 2 and 4, Article 73 of the
Intellectual Property Law;
(ii)
Names of characters or figures in publicly known works under copyright
protection or trade names, trade indications, origin indications, prizes,
medals or particular signs of a type of product, which may cause confusion, as
defined in Clause 5, Article 73 of the Intellectual Property Law;
(iii)
Signs covered by the protection of industrial property rights of other persons
as defined at Point m, Clause 2, Article 74 of the Intellectual Property Law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e)
Information necessary for verification or affirmation of contents specified in
the regulation on use of a collective mark or a certification mark or in other
documents of the application.
37.4
Requirements for written declarations
An
applicant shall submit two written declarations, made according to a set form
(not printed herein), with the following attentions:
a)
The section of mark description in the application must clearly indicate the
type of mark sought to be registered (common mark, collective mark, association
mark, certification mark);
b)
If the mark sought to be registered is an association mark, the applicant shall
clearly indicate associated elements being marks or goods or services according
to the following provisions:
(i)
If associated elements are marks (similar to another mark of the very applicant
used for the same goods or service or used for similar goods or services), the
applicant shall clearly indicate a mark considered substantial among those
association marks (if any). If one or several of those marks have been
registered or stated in the previously filed applications, the applicant shall
clearly indicate the serial numbers of the protection titles and the previously
filed applications;
(ii)
If associated elements are goods or services (a mark used for similar or
interrelated goods or services), the applicant shall clearly indicate a goods
or service considered substantial among those goods or services (if any). If
one of those goods or services has been previously registered or stated in a
previously filed application, the applicant shall clearly indicate the serial
numbers of the protection title and previously filed application;
(iii)
If the applicant fails to clearly indicate a substantial mark or a substantial
goods or service, then all marks and all goods or services related to the mark
stated in his/her application shall be considered independent from one another.
The assessment of distinctiveness of the mark stated in the application may not
exceptionally apply to association marks defined at Point e, Clause 2, Article 74
of the Intellectual Property Law, but must comply with general provisions on
assessment of distinctiveness of Point 39 of this Circular.
c)
For a certification mark, the applicant shall clearly indicate in the written
declaration the certification purpose, content and method (certify what:
certification of quality, origin, geographical origin or combination thereof;
certification content: specific conditions on the entity, goods or services;
how to certify: order and procedures for grant of certification licenses,
method of inspection and maintenance of the certification purpose and content).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
If the mark consists of many elements, those elements and their combinations
must be clearly indicated. If the mark contains configuration elements,
contents and significance of those elements must be clearly defined;
(ii)
If the protection is claimed for a colored mark, such a claim must be clearly
stated and colors on the mark must be named;
(iii)
If the mark contains letters, words or expressions in languages other than
Vietnamese, their pronunciations (transliterated into Vietnamese) must be
clearly annotated and their meanings (if any) must be translated into
Vietnamese;
(iv)
If the mark contains numerals other than Arabic and Roman numerals, those
numerals must be transliterated into Arabic numerals.
e)
The section List of goods and services bearing the mark in the written
declaration must be divided into groups in accordance with the International
Classification of Goods and Services under the Nice Agreement published by the
NOIP in the Industrial Property Official Gazette.
37.5
Requirements for mark specimens
In
addition to the mark specimen attached to the written declaration, the
application must be enclosed with 9 identical mark specimens that satisfy the
following requirements:
a)
A mark specimen must be clearly presented with the dimensions of each element
of the mark ranging between 8 mm and 80 mm, and the entire mark must be
presented within a mark model of 80 mm x 80 mm in size in the written
declaration;
b)
For a mark being a three-dimensional figure, the mark specimen must be
accompanied with a photo or drawing showing the three-dimensional disposition
and may be accompanied with a descriptive specimen in the projection form;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
37.6
Requirements for regulations on use of collective marks and certification marks
A
regulation on use of a collective mark and a regulation on use of a
certification mark must have relevant contents specified in Clauses 4 and 5,
Article 105 of the Intellectual Property Law and clarify the following matters:
a)
Brief information on the mark, the mark proprietor and goods and services
bearing the mark;
b)
Conditions for the mark registrant to license the mark and conditions for
termination of the right to use the mark;
c)
Obligations of the mark user (assuring the particular quality and
characteristics of a goods or service bearing the mark, submitting to the
control of the mark registrant, paying the mark management charge, etc.);
d)
Rights of the mark registrant (controlling compliance with the regulation on
use of the mark, collecting the mark management charge, suspending the mark use
right of a person who fails to satisfy the conditions specified in the mark use
regulation, etc).
e)
Mechanism of licensing, control and inspection of use of the mark and assurance
of the quality and reputation of goods and services bearing the mark;
g)
Dispute settlement mechanism.
37.7
Requirements on documents certifying the permission for registration and use of
marks certifying geographical origins
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
If the area or locality bearing the geographical origin indication cannot be
identified based on the administrative boundaries and the local administrations
permission mentioned at Point 37.7 above, the NOIP shall request the applicant
to supply a geographical map clearly indicating the area or locality bearing
the geographical origin indication of goods and services with the concerned
local administrations certification.
38. Formality examination and publication of mark registration
applications
Procedures
for formality examination and publication of mark registration applications
shall comply with the general procedures specified at Points 13 and 14 of this
Circular.
39. Substantive examination of mark registration
applications
39.1
The NOIP shall conduct the substantive examination of valid applications
according to the general order specified at Point 15 of this Circular and
specific provisions of this Point.
39.2
Assessment of conformity of objects stated in mark registration applications
with requests for grant of certificates of registered marks
a)
According to the provisions of Clause 1, Article 72 of the Intellectual
Property Law, signs eligible for being registered as marks must be visible ones
in the form of letters, numerals, words, pictures, images, including three-
dimensional images or their combinations, presented in one or several given
colors.
b)
The following types of sign shall not be protected as marks:
(i)
Signs that are merely colors and neither combined with character signs or
figure signs nor presented in the form of character signs or figure signs ;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iii)
Signs that are contrary to the public order or prejudicial to national
security.
39.3
Assessment of distinctiveness of signs in the form of letters or numerals
(hereinafter referred to as character signs) according to the provisions of
Clause 2, Article 74 of the Intellectual Property Law.
Except
for the exceptions specified at Point 39.5 of this Circular, the following
character signs shall be considered indistinctive:
a)
Characters of languages that are imperceptible and unmemorable to the common
knowledge of Vietnamese consumers (unreadable, incomprehensible and
unmemorable), such as characters not of Latin origin: Arabic, Slavonic,
Sanskrit, Chinese, Japanese, Korean or Thai characters, etc.; except when
characters of these languages combine with other components to formulate a
distinctive whole or are presented in a graphic form or other special forms
b)
A Latin-origin character that consists of only one letter or consists of
numerals only, or consists of two letters which cannot be pronounced as a word,
even if it is accompanied with numerals, except when it is presented in a
graphic form or other special forms;
c)
A combination of too many letters or words that is imperceptible and
unmemorable, such as a sequence of too many characters not arranged according
to a given order or rule, or a text or a paragraph;
d)
A Latin-origin character that is a meaningful word, the meaning of which has
been so frequently and widely used in a relevant field in Vietnam that it loses
its distinctiveness;
e)
A word or phrase that is used in Vietnam as the common name of the very related
goods or service;
g)
A word or phrase that describes the very goods or service bearing the mark,
such as a sign indicating time, location, geographical origin (except when the
registered mark is a mark certifying the geographical origin of a goods or a
collective mark), method of manufacture, type, quantity, quality and
characteristics (except when the registered mark is a mark certifying the
quality of a goods or service), composition, utility and value of a goods or
service;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
i)
A character sign that is identical or similar to any of objects covered by the
protection of industrial property rights of other persons according to the
provisions of Points e, f, g, h, i, j and k, Clause 2, Article 74 of the
Intellectual Property Law;
k)
Character signs that cause misunderstanding or confusion or mislead consumers
as to the origin, utility, quality, value or other characteristics such as
ingredients, process of manufacture, materials or superiority of a goods or
service according to the provisions of Clause 5, Article 73 of the Intellectual
Property Law;
l)
Character signs that are identical or confusingly similar to real names, alias
or pseudonyms of leaders, national heroes or personalities of Vietnam or
foreign countries; identical or confusingly similar to names of characters or
figures in other persons widely known works under copyright protection, unless
it is so permitted by the owners of those works.
39.4
Assessment of distinctiveness of signs in the form of pictures or images
(hereinafter referred to as figure signs) according to the provisions of Clause
2, Article 74 of the Intellectual Property Law
Except
for the exceptions specified at Point 39.5 of this Circular, a figure sign
shall be considered indistinctive if:
a)
It is a common figure or geometric figure, such as round, ellipse, triangle,
quadrangle, etc., or a simple drawing; a picture or image used merely as a
background or ornamental pattern of a product or a product package;
b)
It is a picture or image that is too tangled or complicated for consumers to
easily perceive and memorize its details, i.e. a sign that consists of too many
combined or overlapped images or lines;
c)
It is a widely used picture, image, emblem or symbol;
d)
It is a picture or image liable to describe the very goods or service bearing
the mark; location and method of manufacture, geographical origin, type,
quantity, quality, properties, composition, utility, value or other
characteristics of the goods or service bearing the mark;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g)
It is identical or confusingly similar to images of leaders, national heroes or
personalities of Vietnam or foreign countries; identical or confusingly similar
to images of characters or figures in other persons widely known works under
copyright protection, unless it is so permitted by the owners of those works.
39.5
The following exceptions shall apply upon assessment of distinctiveness of
character signs or figure signs:
a)
A sign that falls into the cases specified at Points 39.3.a, b, c, f and g and
Points 39.4.a, b, c, d and e of this Circular has been used as a mark and
widely known to consumers and that mark therefore become distinguishable from
relevant goods and services.
b)
To be subject to the application of this exception, the applicant shall furnish
evidence of the wide use of that mark (the time of beginning of the use,
present scope and level of use, etc., in which, the mark shall be considered in
use when the use is made in lawful production, business, commercial,
advertising or marketing activities) and evidence of the marks distinctiveness
from the mark proprietors relevant goods and services. In this case, that mark
shall be recognized distinctive if it is presented in the form in which it has
been uninterruptedly and widely used in the reality.
39.6
Assessment of distinctiveness of signs being combinations of character signs
and figure signs (hereinafter referred to a combined signs)
A
combined sign shall be considered distinctive when a character sign combines
with a figure sign in a distinctive whole, specifically as follows:
a)
The character sign and the figure sign are all distinctive and combined into a
distinctive whole;
b)
The strong component of the mark (the element that has a strong effect on the
senses of consumers, attracts their attention to and gives an impression of the
mark) is a distinctive character sign or figure sign, while other components
are indistinctive or insignificantly distinctive;
c)
If the combined sign consists of indistinctive or insignificantly distinctive
character signs and figure signs, but a unique combination of those signs gives
a particular impression, that combined whole is still considered distinctive;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
39.7
Minimum information source
a)
To assess the ability of a sign stated in an application to cause confusion,
the NOIP shall conduct the search in the following minimum information source:
(i)
Mark registration applications filed with the NOIP with filing dates or dates
of priority earlier than the filing date or date of priority of the application
currently under examination and mark registration international applications
designating Vietnam notified by the WIPO to the NOIP with filing dates or dates
of priority earlier than the filing date or date of priority of the application
currently under examination for identical or similar goods and services;
(ii)
Marks already registered or recognized for protection still effective in
Vietnam (including well-known marks), for identical, similar or relevant goods
and services;
(iii)
Registered marks that have ceased to be valid for more than five years, except for
those invalidated for non-use defined at Point d, Clause 1, Article 95 of the
Intellectual Property Law, for identical or similar goods and services;
(iv)
Geographical indications currently protected in Vietnam;
(v)
Indications to the geographical origin of goods and services; geographical
names, quality or control hallmarks; national flags and emblems of nations;
flags, names and emblems of Vietnamese and international agencies and
organizations; names and images of leaders, national heroes, names and images
of personalities of Vietnam and foreign countries, etc., collected and stored
by the NOIP.
b)
When necessary, the search may be conducted in reference information sources
other than the minimum information source defined at Point 39.7.a above, such as
industrial design registration applications, trade names, etc;
39.8
Assessment of confusing similarity of signs sought to be registered to other
marks
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Signs identical to control marks: A sign shall be considered identical to a
control mark if it resembles the control mark in terms of disposition, content,
significance and form of expression.
c)
A sign considered confusingly similar to a control mark if:
(i)
It is similar to the control mark in terms of disposition or/and content or/and
pronunciation or/and significance or/and form of expression in such a way that
makes consumers misjudge these two objects as one or an object as a variation
of the other or these two objects of the same origin;
(ii)
It is merely a transliteration or translation of the control mark, in case the
control mark is a well-known mark.
39.9
Assessment of similarity of goods and services
a)
Two goods or two services shall be considered identical (of the same type) if
these two goods or services have the following characteristics:
(i)
They have the same nature (composition, ingredients) and the same function and
utility; or
(ii)
They have similar natures and the same function and utility;
b)
Two goods or two services shall be considered similar if these two goods or
services have the following characteristics:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
They are similar in function or utility; and
(iii)
They are marketed in the same commercial channel (they are distributed by the
same mode, or sold together or compete with each other in the same type of shop...);
c)
A goods and a service shall be considered similar if they fall into one or
several of the following cases:
(i)
They have a correlation in nature (a goods or service or a material or
component of a goods or service forms constitutes part of the other); or
(ii)
They have a correlation in function (to accomplish the function of a goods or
service, it is necessary to use the other or they are usually used together);
or
(iii)
They have a close correlation in method of realization (a goods or service is
the result of the use or exploitation of the other); or
39.10
Inspection of the first-to-file rule
Before
issuing decisions on the grant of certificates of registered marks, the NOIP
shall inspect the observance of the first-to-file rule defined in Article 90 of
the Intellectual Property Law.
39.11
Conclusion on the ability of signs to be confused with control marks
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
It is identical to the control mark and goods and services bearing it are
identical or similar to goods and services bearing the control mark;
(ii)
It is identical to the control mark and goods and services bearing it are
identical to goods and services bearing the control mark of the same mark
proprietor;
(iii)
It is confusingly similar to the control mark and goods and services bearing it
are identical or similar to goods and services bearing the control mark, except
when the similarity of goods and services and the similarity of signs are
unable to cause confusion when similar signs are used;
(iv)
It is identical or similar to the control mark being a well-known mark and
goods and services bearing it are neither identical nor similar to goods and
services bearing the mark, but its use as a mark may make consumers believe
that there exists a relationship between goods and services bearing it and the
proprietor of the well-known mark and make it possible to reduce the
distinctiveness or damage the reputation of the well-known mark.
39.12
Assessment of the ability of signs to cause other confusions
The
assessment of the ability of signs to cause other confusions shall comply with
the provisions of Article 73 and Clause 2, Article 74 of the Intellectual
Property Law and the following specific provisions.
a)
A sign shall be considered having caused confusion of origin of goods or
services in the following cases:
(i)
It is identical or similar to the name or emblem of a nation or territory (national
flag, national emblem, name of the nation or a locality) or confusingly similar
to the name or emblem of a nation or territory, causing a mislead that goods or
services bearing the mark originate from that nation or territory;
(ii)
It is identical or similar to a protected geographical indication, in case its
use may mislead consumers as to the geographical origin of goods; it is
identical to a geographical indication or contains a geographical indication or
is translated or inscribed from a geographical indication protected for a wine
or spirit, in case the sign sought to be registered as a mark for a wine or
spirit does not originate in the geographical area subject to that geographical
indication;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iv)
It is identical or similar to real names, alias, pseudonyms or images of
leaders, national heroes or personalities of Vietnam or foreign countries; it
is identical or similar to names or images of typical human characters or
figures in widely known works, in case its use can make consumers believe that
goods or services bearing it are manufactured or provided by owners of those
works;
(v)
It is identical to or not substantially distinguishable from industrial designs
of other persons protected on the basis of industrial design registration
applications with filing dates or dates of priority earlier than the filing
date or date of priority of the mark registration application.
b)
In the following cases, a sign shall be considered able to cause confusion or
mislead to the nature and value of goods and services:
(i)
The sign is a word, picture, image or symbol that gives a misleading impression
of properties or utilities of a goods or service, i.e., a sign identical or
similar to a mark or another sign used so widely that it has been regarded as
being associated with a function or utility of a given type of goods or service
and thereby making consumers believe that goods and services bearing the sign
also have such function or utility;
(ii)
The sign is a word or image that gives a misleading impression of composition
or ingredients of a goods or service, i.e., a description of another goods or
service relevant to the goods or service bearing the sign gives a misleading
impression that the goods or service bearing the sign is composed of or has the
same nature as the described goods or service.
40. Grant, registration and publication of
certificates of registered marks
Procedures
for grant, registration and publication of certificates of registered marks
shall comply with the general procedures specified at Points 18 and 19 of this
Circular.
41.
Processing of mark international registration applications originating in
Vietnam and mark international registration applications designating Vietnam
41.1 Procedures for mark international
registration applications originating in Vietnam
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
41.2
Right of international registration of marks is based on basic mark
registrations in Vietnam.
a)
Persons who are granted certificates of registered marks in Vietnam enjoy the
right of international registration of those marks under the Madrid Agreement;
b)
Persons who have filed mark registration applications in Vietnam and persons
who are granted certificates of registered marks in Vietnam enjoy the right of
international registration of those marks under the Madrid Agreement.
41.3
Mark international registration applications originating in Vietnam
a)
A mark international registration application that designates a nation being a
contracting party to the Madrid Agreement in which the protection is sought to
be registered and does not designate any nation being a contracting party to
the Madrid Protocol must be in French.
b)
A mark international registration application that designates at least one
nation being a contracting party to the Madrid Protocol, and designates also a
nation being a contracting party to the Madrid Agreement must be in English or
French.
c)
An applicant shall submit a written declaration requesting international
registration of a mark made according to a set form (not printed herein) and a
mark international registration application made according to a form supplied
free of charge by the NOIP. The applicant shall clearly indicate in the written
declaration countries being contracting parties to the Madrid Agreement (which
may concurrently be contracting parties to the Madrid Protocol) as well as
those contracting to only the Madrid Protocol in which he/she seeks the
protection of a mark. A mark international registration application must be
made by accurately and fully filling information in sections reserved for the
applicant and accompanied with mark specimens true to those already registered
in Vietnam.
d)
An applicant should preliminarily calculate the total amount of fees and
charges according to the fee tariff printed in the application form or may
request the NOIP to notify the exact amount of fees and charges to be paid to
the International Bureau. He/she shall pay those fees and charges directly to
the International Bureau and additionally pay relevant fees and charges set by
the NOIP.
e)
An applicant shall guarantee that information (especially his/her name and
address, goods, services and classification thereof) supplied in a mark
international registration application, including the language and translations
thereof, are accurate and consistent with information stated in the relevant
basic mark registration certificate or basic mark registration application.
He/she shall pay amounts of fees due for the modification or supplementation of
the mark international registration application containing inaccurate or
inconsistent information under notices of the International Bureau.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
41.4
The agency receiving mark international registration application originating in
Vietnam
a)
Mark international registration applications shall be filed with the
International Bureau through the NOIP. The NOIP shall transfer mark
international registration applications to the International Bureau within 30
days after receiving complete and valid application documents.
b)
The date the NOIP receives a mark international registration application shall
be considered the date of filing a mark international registration application
in case the International Bureau receives that application within two months
from the date indicated in the NOIPs seal of application receipt. If the
application is not completed by the applicant before it is sent to the
International Bureau within the above time limit, the date of receipt of the
application by the International Bureau shall be considered the date of filing
the mark international registration application.
41.5
Supplementation, modification and transfer of mark international registration
applications, mark international registrations originating in Vietnam
a)
After an application is filed with the International Bureau, all transactions
between the applicant and the International Bureau related to the modification
of the name and address, narrowing of the list of goods and services stated in
the mark international registration application, mark international
registration and extension of validity of mark international registration shall
be established in writing according to a set form (not printed herein) and
effected through the NOIP. The applicant shall pay prescribed fees and charges
for those transactions.
b)
A mark proprietor shall request, through the NOIP (or directly request the
International Bureau for international registrations of marks in nations
acceding only to the Madrid Protocol), the International Bureau to record the
transfer of the proprietorship under according to the international registration
of mark and relevant treaties and pay prescribed fees and charges.
41.6
Processing of mark international registration applications designating Vietnam
a)
After receiving a notice of the International Bureau on a mark international
registration application designating Vietnam, the NOIP shall conduct the
substantive examination of the application according to the procedures
applicable to mark registration application filed directly with the NOIP.
Within 12 months after the International Bureau issues the notice, the NOIP
shall make a conclusion on protectability of the mark.
b)
For a mark protectable under Vietnamese law, the NOIP shall issue a decision on
protection of internationally registered mark, publish it in the Industrial
Property Official Gazette, and record it in the national register of marks
within one month from the date of its issuance. The protection coverage
(volume) shall be certified according to the content of the request of the mark
international registration application recorded by the World Intellectual
Property Organization (WIPO) and certified by the NOIP.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
Within three months after the NOIP sends a notice on its refusal, the applicant
may lodge a complaint about the NOIPs refusal. Procedures for lodging and
settling complaints shall be carried out as for mark registration applications
filed directly with the NOIP. Results of complaint settlement shall be notified
by the NOIP to the International Bureau and the applicant.
e)
As from the date a recognized mark international registration becomes valid in
Vietnam, the NOIP shall, upon the request of the mark proprietor, grant a
certificate of protection in Vietnam of internationally registered mark, if the
requester pays the prescribed fee.
41.7
Extension of validity of mark international registrations originating in
Vietnam
Within
six months before the date of expiration of the valid duration of a mark
international registration (20 years from the filing date of a mark
international registration application for nations being contracting parties to
the Madrid Agreement, including those concurrently contracting to the Madrid
Protocol; 10 years from the filing date of a mark international registration
application for nations contracting only to the Madrid Protocol), the applicant
shall pay the fee for extension of validity of mark international registrations
according to notices of the International Bureau.
41.8
Mark registration applications converted due to invalidation of mark
international registrations
a)
If a mark international registration in Vietnam of a mark proprietor who is a
national of a nation contracting only to the Madrid Protocol is invalidated
under Article 9quinquies of the Madrid Protocol, such person may file a
converted mark registration application made according to a set form (not
printed herein) to the NOIP for registration of protection of the very mark for
part of or the whole goods or services on the list of goods and services
recorded in the invalidated mark international registration.
b)
A converted mark registration application shall be accepted if it satisfies the
following conditions:
(i)
It is filed within three months from the date of invalidation of the relevant
mark international registration;
(ii)
Goods or services stated in the converted mark registration application are on
the list of goods and services stated in an ordinary mark international
registration;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
A converted mark registration application is allowed to bear the filing date or
the date of priority of the relevant mark international registration
application (if the mark international registration application enjoys the
right of priority under treaties).
d)
The NOIP shall process applications for registration of converted marks as for
ordinary marks.
42. Recognition of well-known marks
42.1
Well-known marks are protected by Vietnamese law in accordance with the
provisions of Article 75 of the Intellectual Property Law and Article 6bis of
the Paris Convention for the Protection of Industrial Property.
42.2
Rights to well known marks are protected and belong to proprietors of those
marks without any registration procedures. Mark proprietors may use documents
specified at Point 42.3 of this Circular to evidence their ownership of marks
and prove that their marks satisfy the conditions for being considered
well-known.
42.3
Documents evidencing the ownership and reputation of a mark include information
on the scope, scale, level and continuity of the use of the mark, including an
explanation of origin, history and time of continuous use of the mark; number
of nations in which the mark has been registered or recognized as a well-known
mark; list of goods and services bearing the mark; the territorial area in
which the mark is circulated, turnover from products sold or services provided;
quantity of goods and services bearing the mark manufactured or sold; property
value of the mark, price of assignment or licensing of the mark and value of
investment capital contributed in the form of the mark; investment in and
expenses for advertising and marketing of the mark, including those for
participation in national and international exhibitions; infringements,
disputes and decisions or rulings of the court or competent agencies; surveyed
number of consumers knowing the mark through sale, purchase, use, advertisement
and marketing; rating and evaluation of reputation of the mark by national or
international organizations or the mass media; prizes and medals awarded on the
mark; results of examinations held by intellectual property examination
organizations.
42.4
If a well-known mark is recognized according to civil procedures or under a
recognition decision of the NOIP, that well-known mark shall be recorded in the
list of well-known marks kept at the NOIP.
Section 6.
PROCEDURES FOR REGISTRATION OF GEOGRAPHICAL INDICATIONS
43. Requirements for geographical indication registration
applications
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
43.2
Applications must ensure uniformity as required specified in Clause 1, Article
101 of the Intellectual Property Law. Each application may register only one
geographical indication used for one product.
43.3
Application documents: Written application, made according to a set form (not
printed herein); description of the nature/quality! reputation of the product;
map of geographical area subject to the geographical indication (all made in
two copies) and 10 specimens showing the presentation of the geographical
indication to be used, of a size of between 20 mm x 20 mm and 80 mm x 80 mm (if
the geographical indication does not consist of words).
43.4
Requirements for the description of the nature/quality/reputation of the
product
a)
A description of the nature/quality/reputation of the product must have the
following principal information:
(i)
Enumeration of the given nature/quality of the product bearing the geographical
indication dictated by geographical conditions - by means of sense, qualitative
and quantitative indicators to physical, chemical and biological properties,
which can be tested by technical devices or experts using a specified testing
method; and/or
(ii)
Reputation of the product bearing the geographical indication dictated by
geographical conditions - determined through the widespread knowledge of
interested consumers about that product, which can be tested; and
(iii)
Geographical conditions liable to the nature/quality and reputation of the
product bearing the geographical indication, including unique meteorological,
hydrological, geological, topographic and ecological elements and other natural
conditions; unique elements being skills of producers, including also a
traditional production process of the locality (which might cover one, several
or all production stages, from production of materials, processing of materials
to making of products, and even the stage of product packing if this stage has
an effect on the nature/quality and reputation of the product) if that process
is liable to create and maintain the nature/quality and reputation of the
product bearing the geographical indication, which contain information that is
clear and detailed enough to be tested (if the above information contains
secrets or technical know-how not yet disclosed or widely known beyond the
locality, the applicant may refuse to supply detailed information on those
secrets or know-how without being assured of confidentiality of those
information upon his/her request); and
(iv)
Correlation between particular nature/ quality and reputation of the product
bearing the geographical indication defined at Points 43.4.a (i) and (ii) and
geographical conditions defined at Point 43.4.a (iii) above.
b)
The description of the nature/quality/ reputation of the product must be
accompanied with documents proving that information on the
nature/quality/reputation are grounded and true (results of examination,
research, survey, etc).
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
A
map of a geographical area subject to a geographical indication must be
adequately informative, based on which the geographical area where exist all
natural conditions liable to the particular nature/quality and reputation of
the product can be accurately identified. The map may be submitted together
with documents describing the geographical area subject to the geographical
indication.
44. Formality examination and publication of
geographical indication registration applications
Procedures
for formality examination and publication of geographical indication registration
applications shall comply with the general procedures specified at Points 13
and 14 of this Circular.
45. Substantive examination of geographical
indication registration applications
45.1
Order of carrying out procedures for substantive examination
The
substantive examination of geographical indication registration applications
shall be conducted according to the general order specified at Point 15 of this
Circular and specific provisions of this Point.
45.2
Assessment of compatibility of objects stated in applications with certificates
of registered geographical indications
An
object stated in a geographical indication registration application shall be
considered incompatible with the type of geographical indication protection
title if it is not a visible sign used to indicate a product originating in a
specific area, locality, territory or nation according to the provisions of
Clause 22, Article 4 of the Intellectual Property Law.
45.3
Assessment of geographical indications based on protection conditions
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
There exists a geographical area subject to the geographical indication stated
in the application;
(ii)
The product originates in the above geographical area;
(iii)
The product has a given nature/quality and! or reputation dictated by
geographical conditions of the above geographical area according to the
provisions of Article 82 of the Intellectual Property Law;
b)
In the following cases, a geographical indication stated in an application is
not registered:
(i)
It has become a common name of goods in Vietnam;
(ii)
It belongs to a foreign country and it is not protected or ceases to be
protected or has fallen into disuse in that country;
(iii)
It is identical or similar to a protected mark in Vietnam and its use can
mislead as to the origin of a product;
(iv)
It misleads consumers as to the true geographical origin of the product bearing
it.
c)
Method of assessment of geographical indications based on the protection
conditions
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(i)
Marks currently protected in Vietnam for products identical or similar to the
product bearing the geographical indication, with the dates on which the
protection starts earlier than the filing date of the geographical indication
registration application, including marks protected under treaties to which
Vietnam is a contracting party;
(ii)
Marks recognized by the NOIP as well known marks.
If
a mark identical or similar to the geographical indication is found, the NOIP
shall notify such to the mark proprietor for the latter to give opinions on the
registration of the geographical indication within one month from the date of
signing of the notice, clearly stating the mark proprietors right of opposition
to the registration of the geographical indication on the condition of
sufficient grounds to prove that the geographical indication falls into the
case specified in Clause 3, Article 80 of the Intellectual Property Law.
Opinions of the mark proprietor shall be considered according to the provisions
of Point 6 of this Circular on consideration of opinions of a third party.
A
geographical indication that misleads consumers as to the true geographical
origin of the product bearing that geographical indication when it is
considered identical or indistinguishably similar to a sign known to Vietnamese
consumers as an indication of geographical origin of a goods or service.
45.Notification
of results of substantive examination
Results
of substantive examination of geographical indication registration applications
shall be notified according to the general provisions of Point 15.7 of this
Circular.
46. Grant, registration and publication of
certificates of registered geographical indications
Procedures
for issuance of decisions on grant, registration and publication of
certificates of registered geographical indications shall comply with the
general provisions of Points 18 and 19 of this Circular.
Chapter II
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Section 1. PROCEDURES
FOR REGISTRATION OF CONTRACTS ON ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS
47. Dossiers for registration of contracts on
assignment of industrial property rights
47.1
A dossier for registration of a contract on transfer of industrial property
rights comprises the following documents:
a)
Two copies of the written declaration for registration of the contract on transfer
of industrial property rights, made according to a set form (not printed
herein);
b)
Two originals or two valid copies of the contract; if the contract is made in a
language other than Vietnamese, it must be enclosed with its Vietnamese
translation; if the contract consists of many pages, each page must be appended
with the parties signatures for certification or every two adjoining pages must
be appended with a seal on their inner edges;
c)
Original protection title;
d)
Written consent of co-owners to the transfer of industrial property rights, if
those industrial property rights are under common ownership;
e)
Power of attorney (if the dossier is filed through a representative);
g)
Fee and charge receipts.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Two copies of the written declaration on the industrial property licensing
contract, made according to a set form (not printed herein);
b)
Two originals or two valid copies; if the contract is made in a language other
than Vietnamese, it must be enclosed with its Vietnamese translation; if the
contract consists of many pages, each page must be appended with the parties
signatures for certification or every two adjoining pages must be appended with
a seal on their inner edges;
c)
Written consent of co-owners to the licensing of the industrial property
object, if the relevant industrial property rights are under common ownership;
d)
Power of attorney (if the dossier is filed through a representative);
e)
Fee and charge receipts.
48 Procedures for processing of registration
dossiers
48.1
If a dossier for registration of a contract on transfer of industrial property
rights contains no error defined at Point 48.3 of this Circular, the NOIP shall
carry out the following activities:
a)
To issue a decision on the grant of a certificate of registration of the
contract on transfer of industrial property rights/licensing of an industrial
property object;
b)
(For a contract on transfer of industrial property rights): To record in the
protection title the new owner; in case of partial transfer of the list of
goods and services bearing the protected mark, to grant a new certificate of
registered mark to the transferee and confine the list of goods/ services in
the original protection title for the transferred part; or (for a contract on
licensing of an industrial property object): To grant a certificate of
registration of the contract on licensing of an industrial property object to
the dossier-filing person; to append the registration seal on two originals or
copies of the contract, of which one shall be handed to the dossier-filing
person and the other kept by it;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)
To publish the decision on grant of a certificate of registration of the
contract on assignment of industrial property rights in the Industrial Property
Official Gazette within two months from the date of signing the decision.
48.2
If a dossier for registration of a contract on assignment of industrial
property rights contains errors defined at Point 48.3 of this Circular, the
NOIP shall carry out the following procedures:
a)
To issue a notice on its intended refusal of registration of the contract,
clearly stating errors of the dossier and setting a time limit of one month
from the date of signing of the notice for the dossier-filing person to correct
the errors and make an opposition to the intended refusal of registration of
the contract;
b)
To issue a notice on its refusal of registration of the contract if the
dossier-filing person fails to correct or unsatisfactorily corrects the errors,
makes no opposition or an unreasonable opposition to the intended refusal of
registration of the contract within the set time limit.
48.3
A dossier for registration of a contract on assignment of industrial property
rights shall be considered erroneous if it falls into one of the following
cases:
a)
The written declaration is invalid;
b)
One of the documents on the list of required documents is absent;
c)
The power of attorney is invalid;
d)
The contract copies are not duly certified;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g)
The contract does not contain all signatures (and seals, if any) of the
assignor and the assignee;
h)
The transferor is not the protection title holder;
i)
The term of protection of the concerned industrial property object has expired
or there is a dispute over that object;
k)
The assignment contract lacks required contents specified in Article 140 or
Clause 1, Article 144 of the Intellectual Property Law;
l)
The contract contains a content incompliant with the provisions on conditions
for restriction of transfer of industrial property rights specified in Article
139 of the Intellectual Property Law or contains clauses on unreasonable
restriction of rights of the industrial property object licensee specified in
Clause 2, Article 144 of the Intellectual Property Law;
m)
There is a ground to confirm that the transfer of industrial property rights
infringes upon industrial property rights of a third party.
48.4
The time limit for processing a dossier for registration of a contract on
assignment of industrial property rights is two months (not including the time
for the dossier-filing person to correct errors).
49. Recording of modification of contents,
extension and ahead-of-time termination of validity of contracts on licensing
of industrial property objects
49.1
The modification of contents, extension and ahead-of-time termination of
validity of registered contracts on licensing of industrial property objects
shall all be recorded by the NOIP according to the provisions of this Point.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
A dossier requesting recording of modification of contents, extension or ahead-of-
time termination of validity of a contract on licensing of an industrial
property object must be made in writing and comprise the following documents:
(i)
Two copies of the written declaration requesting recording of modification of
contents, extension or termination of validity of the contract on licensing of
an industrial property object, made according to a set form (not printed
herein;
(ii)
The original certificate of registration of the contract on licensing of an
industrial property object (in case of registration of modification of contents
or extension of validity of the contract);
(iii)
Documents evidencing the modification of the names and addresses of the
contracting parties;
(iv)
Agreements or documents on recording of specific contract clauses that need to
be modified or supplemented, including the extension or ahead-of-time
termination of validity of the contract;
(v)
Power of attorney (if the request is filed through a representative);
(vi)
Fee receipt.
b)
A dossier requesting extension of a contract must be filed at least one month
before the expiration of the contract term stated in the certificate of
registration of the contract on licensing of an industrial property object.
49.3
Within one month after receiving a dossier requesting recording of modification
of contents, extension or termination of validity of a contract, the NOIP shall
examine the dossier according to the following provisions:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
If the dossier contains errors, the NOIP shall issue a notice on its intended
refusal to record the modification of contents, extension or termination of
validity of the contract on licensing of an industrial property object, clearly
stating the dossiers errors and setting a time limit of one month from the date
of issuance of the notice on its intended refusal for the dossier-filing person
to correct the errors or make an opposition to the intended refusal of
registration of the contract; issue a notice on its refusal to record the
modification of contents, extension or termination of validity of the contract
on licensing of an industrial property object if the dossier-filing person
fails to correct or unsatisfactorily corrects the dossiers errors, makes no
opposition or an unreasonable opposition within the set time limit.
Section 2.
PROCEDURES FOR MAKING DECISIONS ON COMPULSORY LICENSING OF PATENTS
50. Dossiers for requesting issuance of decisions
on compulsory licensing of patents
50.1
Organizations or individuals that are capable, obliged or have a need to use
patents defined at Points a, b and c or are targeted by anti- competitive
practices specified at Point d, Clause 1, Article 145 of the Intellectual
Property Law may request competent persons defined in Clause 1, Article 147 of
the Intellectual Property Law to issue decisions on compulsory licensing of
patents to them according to the specific provisions of this Section.
50.2
A dossier for requesting issuance of a decision on compulsory licensing of a
patent must comprise the following documents:
a)
Two copies of the written declaration ft requesting compulsory licensing of a
patent, mad according to a set form (not printed herein;
b)
Documents proving that the request ft issuance of a decision on compulsory licensing
of a patent is reasonably grounded according t law, specifically:
(i)
If the request for issuance of a decision o compulsory patent licensing is
based on the provisions of Point a, Clause 1, Article 145 of the Intellectual
Property Law, the dossier must contain documents proving that at the time of
filing the application, there exists a practical demand f use of the patent for
the public, non-commercial defense, security, disease prevention and treatment
or peoples nutrition purpose or to me other urgent needs of the society, but
the patent holder fails to use the patent and the non-use ( the patent will
affect the achievement of the above purposes;
(ii)
If the request for issuance of a decision o compulsory patent licensing is
based on the provisions of Point b, Clause 1, Article 145 ( the Intellectual
Property Law, the dossier mu contain documents proving that the patent hold
fails to perform the obligation to use the patent specified in Clause 1,
Article 136 and Clause Article 142 of the Intellectual Property Law and by the
time of filing of the dossier the time limit of four years from the date of
filing the invention registration application and the time limit of 04 years
from the date of grant of the patent has expired;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iv)
If the request for issuance of a decision on compulsory patent licensing is
based on the provisions of Point c, Clause 1, Article 145 of the Intellectual
Property Law, the dossier must contain documents proving that the patent holder
has committed acts regarded as prohibited anti- competitive practices defined
by the competition law;
(v)
For a request for issuance of a decision on compulsory patent licensing in the
domain of semi-conductor technology, the dossier must contain documents proving
that the use of the patent is for the public or non-commercial purpose only or
produce documents proving that the patent holder has committed acts regarded as
prohibited anti-competitive practices defined by the competition law;
c)
Power of attorney (if the dossier is filed through a representative);
d)
Fee receipt.
51. Procedures for processing dossiers for
requesting issuance of decisions on compulsory patent licensing
51.1
Dossiers shall be filed according to the following provisions:
a)
Dossiers falling into the cases specified at Point b, c and d, Clause 1,
Article 145 of the Intellectual Property Law shall be filed with the NOIP;
b)
Dossiers falling into the cases specified at Point a, Clause 1, Article 145 of
the Intellectual Property Law shall be filed with the ministries or
ministerial-level agencies in charge of patent management.
51.2
Examination of dossiers
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Within
two months after receiving a dossier, the NOIP or the dossier examination
agency of the ministries or ministerial-level agencies (hereinafter referred to
as the dossier examination agency) shall consider it according to the following
provisions:
a)
If the dossier is valid: Within 15 days after receiving the dossier, the
dossier examination agency shall issue a notice on request for patent licensing
under a compulsory decision to the patent holder and request the latter to give
written opinions within one month from the date of notice issuance; request
concerned parties to overcome divergent opinions to negotiate again on the
signing of a contract on patent licensing, when necessary; if no agreement is
reached by the parties and when considering the patent holders refusal to sign
the contract on patent licensing unreasonable, report on the dossier
consideration results and propose the Minister of Science and Technology and
heads of ministerial-level agencies to issue a decision on compulsory patent
licensing.
If
the request falls into the cases specified at Point a, Clause 1, Article 145 of
the Intellectual Property Law and the use of the patent is for public or
non-commercial purposes, the ministries or ministerial-level agencies may issue
a decision ;1 on compulsory patent licensing without having to request the patent
holder to make opinions and the concerned parties to negotiate.
b)
If a request for issuance of a decision on patent licensing is not reasonably
grounded according to the provisions of Article 145 of the Intellectual
Property Law, the dossier examination agency shall report on the dossier
consideration results to and propose the Minister of Science and Technology,
ministers or heads of ministerial- level agencies to issue a notice on intended
refusal, clearly stating the reason for refusal and setting a time limit of one
month from the date of notice issuance for the dossier-filing person to make
opinions on the intended refusal.
The
time limit for the dossier-filing person to correct the dossiers errors or make
an opposition shall not be counted in the time limit for dossier consideration.
c)
For a dossier falling into the cases specified at Point a, Clause 1 ,Article
145 of the Intellectual Property Law, the dossier examination agency of the
ministries or ministerial-level agencies shall copy and send copies of the
dossier (through the NOIP) to the Ministry of Science and Technology for
comments before submitting it to the ministers or heads of ministerial-level
agencies for decision according to the provisions of Points a and b above.
Within 15 days after receiving the dossier, the NOIP shall consider and report
it to the Minister of Science and Technology for him/her to request in writing
the ministers or heads of ministerial-level agencies to issue a decision on
compulsory patent licensing or a notice on refusal.
51.3
Within 15 days after receiving a report of the NOIP on dossier consideration
results, the Minister of Science and Technology shall consider and issue a
decision on compulsory patent licensing, or send to the dossier-filing person a
notice on its refusal of compulsory patent licensing, clearly stating the
reason for refusal.
Within
15 days after receiving a written request of the Minister of Science and
Technology, the ministers or heads of ministerial-level agencies shall consider
and issue a decision on compulsory patent licensing, or send to the dossier-filing
person a notice on its refusal of compulsory patent licensing, clearly stating
the reason for refusal.
If
disagreeing with the request of the Minister of Science and Technology, the
ministers or head of ministerial-level agencies shall notify the disagreement
in writing, clearly stating the reason for disagreement .
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
52. Requests for termination of patent licensing
under compulsory decisions
52.1
The termination of patent licensing under compulsory decisions shall be decided
b ministers or heads of ministerial-level agencies who have issued decisions on
compulsory licensing.
52.2
A request for termination of patent licensing under a compulsory decision must
comprise the following documents:
a)
Written request for termination of patent licensing under a compulsory
decision;
b)
Documents proving that the grounds for patent licensing under a compulsory
decision no longer exist and are unlikely to revive, and at the same time the
termination of patent licensing will cause no damage to the patent licensee;
c)
Power of attorney (if the request is filed through a representative);
d)
Fee receipts.
52.3
Procedures for receiving and handling requests for termination of patent
licensing under compulsory decisions and issuing termination decisions shall be
carried out like procedures for receiving and processing dossiers for
requesting patent licensing under compulsory decisions specified at Point 51 of
this Circular.
Chapter III
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Section 1. GRANT
AND WITHDRAWAL OF INDUSTRIAL PROPERTY REPRESENTATION SER VICE PRACTICE CERTIFICATES
53. Grant of practice certificates
53.1
Conditions for grant of practice certificates
Only
persons who fully satisfy the conditions specified in Clause 2, Article 155 of
the Intellectual Property Law may be granted industrial property representation
service practice certificates. To be granted certificates, those persons shall
file dossiers of application with the NOIP according to the provisions of this
Point.
53.2
Dossiers of application for practice certificates
a)
A dossier of application for an industrial property representation service
practice certificate must comprise the following documents:
(i)
Two copies of the written declaration for requesting grant of an industrial
property representation service practice certificate (practice certificate),
made according to a set form (not printed herein);
(ii)
A copy of the notice on the pass of an examination of professional
qualifications for industrial property representation organized by the NOIP;
(iii)
Two 3 cm x 4 cm photos;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
53.3
Processing of dossiers of application for practice certificates:
For
a valid dossier, the NOIP shall, within one month after receiving the dossier,
base itself on the dossier consideration, issue a decision on grant of a
practice certificate and grant a practice certificate to the dossier-filing
person; record the grant of a practice certificate in the national register of
industrial property representation; publish the grant of a practice certificate
in the Industrial Property Official Gazette within two months from the date of
decision signing; or notify errors in the dossier and set a time limit of one
month for the dossier-filing person to correct the errors; or issue a notice on
its refusal to grant a practice certificate, clearly stating the reason for
refusal, if the dossier-filing person fails to correct or unsatisfactorily
corrects the errors or the dossier is invalid.
54. Withdrawal of practice certificates
If
an industrial property representative commits a violation and is imposed with
the sanction of withdrawal of practice certificate, the NOIP shall, based on a
decision on withdrawal of industrial property representation service practice
certificate, issued by a state agency competent to handle administrative
violations, issue a decision on withdrawal of practice certificate; delete the
name of the industrial property representative from the list of industrial
property representatives of the industrial property representation service
organization; publish the withdrawal of practice certificate in the Industrial
Property Official Gazette within two months from the date of decision signing.
55. Renewal of practice certificates
The
NOIP shall carry out procedures for renewal of industrial property
representation service practice certificates upon written requests made
according a set form by industrial property representatives in case their
practice certificates are lost or irreparably damaged (torn, stained or faded).
Procedures
for renewal of practice certificates shall be carried out like procedures for
grant of practice certificates specified at Point 53.3 of this Circular.
Section 2.
RECORDING MODIFICATION AND DELETION OF NAMES OF INDUSTRIAL PROPER TV
REPRESENTATION SER VICE ORGANIZATIONS
56. Recording of industrial property representation
service organizations
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
56.2
A dossier of request for recording of an industrial property representation
service organization in the national register of industrial property
representation must comprise the following documents:
a)
Two copies of the written declaration requesting recording of an industrial
property representation service organization, mad according to a set form (not
printed herein;
b)
List of the organizations member possessing industrial property representation
service practice certificates enclosed with copies of their employment
decisions/labor contracts;
c)
Copies of the organizations business registration certificate/operation
registration certificate;
d)
The organizations industrial property representation service charge tariff;
e)
The organization heads written mandate c representation for one of the members
on the list specified at Point 56.2.b above (when necessary);
g)
Fee receipt.
56.3
Within one month after receiving dossier of request for recording of an industrial
property representation service organization, the NOIP shall consider it
according to procedure similar to the procedures for grant of industrial
property representation service practice certificates specified at Point 53.3
of this Circular.
57. Recording of modification of information on
industrial property representation service organizations
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
57.2
A dossier of request for recording of modification of information on an
industrial property representation service organization must comprise the
following documents:
a)
Two copies of the written declaration for requesting recording of modification
of information on industrial property representation service organization, made
according to a set form (not printed herein);
b)
Copies of the modified business registration certificate/operation registration
certificate of the industrial property representation service organization (in
case of change of the organizations name or address);
c)
Decision on employment or decision on termination of the labor contract of an
industrial property representative being a member of the organization (in case
of change of a member on the organizations list of industrial property
representatives);
d)
Fee receipt.
57.3
Procedures for processing dossiers of request for modification of information
on industrial property representation service organizations shall be carried
out like the procedures specified at Point 53.3. of this Circular.
58. Deletion of names of industrial property
representation service organizations
in
the cases specified in Clause 2, Article 156 of the Intellectual Property Law,
the NOIP shall issue decisions on deletion of names of industrial property
representation service organizations; record the deletion of names of
industrial property representation service organizations from the national
register of industrial property representation; notify the deletion of names of
industrial property representation service organizations to competent agencies
that have granted business registration certificates or operation registration
certificates to those organizations; and publish the deletion of names in the
Industrial Property Official Gazette within two months from the dates of
decision signing.
Section 3.
EXAMINATION OF PROFESSIONAL QUALIFICATIONS FOR INDUSTRIAL PROPERTY REPRESENTATION
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The
examination of professional qualifications for industrial property
representation (hereinafter referred to as the examination) according to the
provisions of Article 28 of the Decree on industrial property shall be
conducted according to the following specific provisions.
59.1
The Council for examination of professional qualifications for industrial
property representation:
The
Council for examination of professional qualifications for industrial property
representation (hereinafter referred to as the Examination Council) shall be
set up by the NOIP director to prepare examination questions and mark
examination papers under the Regulation on examination of professional
qualifications for intellectual property representation promulgated by the NOIP
director (hereinafter referred to as the examination regulation).
The
Examination Council is composed of the chairman being the NOIP director, vice
chairman, secretary and other members appointed by the chairman from the list
of experts qualified for joining the Examination Council. The list of experts
qualified for joining the Examination Council include experts who are
knowledgeable of the law on establishment of industrial property rights and its
practical enforcement from the NOIP and socio-professional organizations
engaged in industrial property representation approved by the Minister of
Science and Technology at the proposal of those agencies and organizations.
Decisions
of the Council shall be adopted by votes of the Councils members, of which two
thirds are votes for.
Remunerations
for the Councils members shall be paid with the collected charge for
examination of professional qualifications for industrial property
representation under the Examination Regulation.
59.2
Registration for participation in examination:
a)
Only persons fully satisfying the conditions specified at Points a through e,
Clause 2, Article 155 of the Intellectual Property Law are allowed to register
for participation in examination according to the provisions of this Point.
b)
A dossier for registration for participation in examination filed with the NOIP
must comprise the following documents:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(ii)
Copy of the university diploma;
(iii)
Documents proving that the dossier-filing person has been trained in industrial
property law or is experienced in this operation: Copies of certificates of
graduation from training courses on industrial property law recognized by the
Ministry of Science and Technology or certificate of the training establishment
where the dossier- filing person has made his/her graduation or postgraduate
dissertation on industrial property; written certification of a competent
agency that the dossier-filing person has been personally engaged in the
examination of industrial property registration applications at a national or
international industrial property office for five or more consecutive years or
in industrial property law-related activities defined at Point d, Clause 1,
Article 155 of the Intellectual Property Law (including inspection,
examination, procuracy, adjudication, legal affairs, consultancy on industrial
property law; or scientific research (with title of industrial property
researcher) or lecturing of industrial property);
(iv)
Two 3 cm x 4 cm photos;
(v)
Receipt of the examination fee.
59.3
For a valid dossier, the NOIP shall notify the dossier-filing person of his/her
qualification for participation in the examination, and concurrently notify in
detail the examination date, time, venue and schedule.
59.4
Examination contents and questions:
a)
Examination contents include:
(i)
Vietnams industrial property law and treaties to which Vietnam is a contracting
party;
(ii)
Professional operation of compilation, filing and pursuit of industrial
property registration applications;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
(iv)
Other contents, when necessary.
b)
Examination questions accompanied with answers and a score frame shall be
prepared by the Examination Council, approved by the Examination Councils
chairman and kept secret until the examination starts.
59.5
Organization of examination
a)
An examination shall be organized (irregularly) whenever there are five or more
persons properly register for examination.
b)
Examination papers shall be marked by the Examination Council according to the
approved answers and score frame.
c)
Examination results shall be notified by the NOIP to examinees. Examinees may
request the NOIP to review examination papers and the Examination Council shall
review examination papers according to the regulations of the NOIP director.
Examination
results shall be valid for two years for the grant of industrial property
representation service practice certificates.
Chapter IV
60. Building and management of a national database
on industrial property
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
60.2
The national database on industrial property consists of disclosed information
specified below, which are collected in a selective and systematic manner to
suit the search purpose:
a)
Industrial property registration applications;
b)
Granted protection titles and industrial property rights recognized for
protection in Vietnam;
c)
Invention patents granted by countries/regions with the most advanced science
and technology;
d)
Some other types of industrial property protection title, depending on
information use purposes.
61. Access to and exploitation of industrial
property information in the national database
61.1
All organizations and individuals may access and exploit information in the
national database on industrial property after subscribing as information users
with the NOIP.
61.2
Persons who wish to access and exploit industrial property information
(information users) shall themselves search for information in the national database.
Information users may request the NOIP to search for information in the
national database and shall pay the prescribed search charge.
62. Service of industrial property information
search
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
62.2
Within one month after receiving a search request slip, the NOIP shall reply to
the information user.
For
a valid search request (with a valid search request slip defined at Point 62.1
of this Circular and a receipt of the search charge), the NOIP shall reply by
sending a search report to the information user, clearly stating the results of
information search made at the request of the information user.
For
an invalid search request (with an invalid search request slip, unclear search
purpose and scope, no payment of the search charge), the NOIP shall notify its
refusal to fulfill the search request clearly stating the reasons for refusal.
62.3
A search report contains only information found and indications to origins of
such information. If no information is found in sources requested to be
searched, the search report must also state that.
A
search report must not contain comments or assessments of found information.
62.4
A search report must clearly state the full name of the person conducting the
search and responsible for the search results.
63. Assurance of industrial property information
in localities
63.1
Depending on their respective conditions and capability, state administration
agencies in charge of industrial property (Science and Technology Services) in
provinces or centrally run cities may set up and manage industrial property
databases in order to assure industrial property information for research,
application, development, production and business activities and protect
industrial property rights in their respective localities.
63.2
State administration agencies in charge of industrial property in the provinces
or centrally run cities shall and may conduct activities to assure industrial
property information according to this Circular.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
64.1
All concerned organizations and individuals may request the NOIP to issue
copies of documents distributed or archived by the NOIP, including
certification of true copies of original or archived documents. Particularly for
documents related to unpublished applications, only applicants may request
issuance of copies. Persons requesting issuance of copies shall pay the
prescribed charge.
64.2
A request for issuance of copies of documents comprises:
a)
Written request for issuance of copies of documents, made in two copies;
b)
Original documents distributed by the NOIP (if those documents are not archived
at the NOIP);
c)
Receipt of the charge.
64.3
Within three working days after receiving a request for issuance of copies, the
NOIP shall issue copies or issue a notice on its refusal, clearly stating the
reason for refusal.
Chapter V
IMPLEMENTATION PROVISIONS
65. Regulation on carrying out of industrial
property procedures
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
66. Transitional provisions
66.1
An invention registration application referred to in this Circular means both
an invention patent application and a utility solution patent application
referred to in previous regulations.
66.2
For an internationally registered mark already recognized for protection in
Vietnam according to previous stipulations, the issue of the WIPOs Official
Gazette or the NOIPs Industrial Property Official Gazette in which that
internationally registered mark is published is valid as an evidence of rights
to that mark.
66.3
Pending the promulgation of new charge and fee rates, the charge and fee rates
mentioned in this Circular comply with the Ministry of Finances Circular No.
l32/2004/TT-BTC of December 30, 2004, guiding the collection, remittance,
management and use of industrial property charges and fees.
66.4
Existing document forms will continue to be used until the NOIP complete
technical conditions and officially announce the document forms specified in
this Circular for application.
67. Implementation effect
67.1
This Circular replaces the following Circulars:
a)
The Ministry of Science, Technology and Environments Circular No. 3055/TT-SHCN
of December 31, 1996, guiding the implementation of the provisions on
procedures for establishment of industrial property rights and some other
procedures under the Governments Decree No. 63/CP of October 24, 1996, detailing
industrial property;
b)
The Ministry of Science and Technology's Circular No. 29/2003/TT-BKHCN of
November 5, 2003, guiding the implementation of the procedures for
establishment of industrial property rights to industrial designs;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
67.2
This Circular takes effect 15 days after its publication in the Official
Gazette.
MINISTER
Hoang Van Phong