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THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 122/2010/ND-CP
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Hanoi, December 31, 2010
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF
THE GOVERNMENT'S DECREE NO. 103/ 2006/ND-CP OF SEPTEMBER 22, 2006, DETAILING
AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY REGARDING
INDUSTRIAL PROPERTY
THE GOVERNMENT
Pursuant to the. December 25, 2001 Law on Organization of the
Government;
Pursuant to the. November 29, 2005 Law on Intellectual Property, which was
amended and supplemented on June 19, 2009:
At the proposal of the Science and Technology Minister;
DECREES:
Article 1.
To amend and supplement a number of articles of the Government's Decree No.
103/2006/ND-CP of September 22. 2006, detailing and guiding a number of
articles of the Law on Intellectual Property regarding industrial property
1. To amend Point h, Clause 2, Article 3 as follows:
"h/ To manage geographical indications belonging
to their localities, including geographical names and other signs indicating
the geographical origin of local specialties;"
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"3. The Ministry of Agriculture and Rural
Development and the Ministry of Industry and Trade shall assume the prime
responsibility for. and coordinate with People's Committees of provinces or
centrally run cities in. identifying specialties, features of products and
processes of production of specialties bearing geographical indications managed
by ministries, branches or localities.
4. People's Committees of provinces or centrally run
cities shall file applications for registration and organize the management of
geographical indications used for local specialties and license the
registration of collective marks or certification marks for geographical names
and other signs indicating the geographical origin of local specialties.
5. The Ministry of Science and Technology shall
specify criteria for identifying geographical names and other signs indicating
the geographical origin of products."
3. To add the following Chapter IIIa:
"Chapter IlIa. CONFIDENTIAL INVENTIONS
Article 23a.
Confidential inventions; confidential invention protection titles; contents of
and limitations on rights to confidential inventions
1. Inventions which are classified by competent slate
agencies as state secrets in the field of national defense and security under
the law on protection of state secrets are referred to as confidential
inventions.
2. Confidential inventions may only be granted
confidential invention patents or confidential utility solution patents.
3. Confidential invention registration applications,
confidential invention patents and confidential utility solution patents may
not be disclosed and must be kept confidential under the law on protection of
state secrets.
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5. The Minister of Public Security and the Minister
of National Defense may utilize or assign organizations or individuals to
utilize confidential inventions for the national defense or security purpose
under Articles 145.146 and 147 of the Law on intellectual Property.
6. After a confidential invention is disclosed by a
competent agency under the law on protection of state secrets, its registration
application and protection title shall be handled as follows:
a/ The confidential invention application shall be
further processed like an invention application;
b/ The confidential invention patent or confidential
utility solution patent shall be converted into an invention patent or utility
solution patent and published in the Industrial Property Official Gazette and
recorded in the National Register of Inventions.
Article 23b.
Security control of inventions before their overseas registration
1. Vietnamese organizations and individuals may only
register their confidential inventions in countries in which regulations on
protection of confidential inventions are available and shall obtain permission
of competent agencies under Clause 2, Article 23c of this Decree.
2. Inventions of Vietnamese organizations and
individuals and inventions created in Vietnam will not be protected by the
Vietnamese State if applications for industrial property protection
registration thereof have been filed overseas in contravention of the following
provisions on security control:
a/ Applications for industrial property protection
may only be filed overseas when invention registration applications have been
filed in Vietnam and the time limit of 6 months from the filing date has
expired, except the case specified at Point b of this Clause;
b/ Overseas filing of applications for industrial
property protection is not allowed when inventions are classified confidential
under the law on protection of state secrets as no lilied by competent
agencies.
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1. The identification and disclosure of confidential
inventions shall be conducted by the Ministry of National Defense and the
Ministry of Public Security under the law on protection of state secrets.
2. The Ministry of Public Security shall assume the
prime responsibility for. and coordinate with the Ministry of National Defense
and the Ministry of Science and Technology in. specifying procedures for
identification and disclosure of confidential inventions; protection of
confidential inventions; procedures for examination of applications and grant
of confidential invention protection titles: management of utilization, licensing
of confidential inventions, and overseas registration of industrial property
protection of confidential inventions in accordance with the law on protection
of state secrets and the law on intellectual property."
4. To amend and supplement Article 29 as follows:
"Article 29. Grant and revocation of industrial property representation service practice
certificates
1. Industrial property representation service
practice certificates shall be granted to applying individuals who satisfy the
conditions specified in Clause 2, Article 155 of the Law on Intellectual
Property after they pay prescribed fees and charges.
2. An industrial property representation service
practice certificate is revoked in the following cases:
a/ The certificate holder has quitted the job of
industrial property representation;
b/ The certificate holder no longer satisfies the
conditions specified in Clause 2. Article 155 of the Law on Intellectual
Property;
c/ The certificate holder is deprived of the right to
use the certificate under a competent state agency's decision.
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4. The Ministry of Science and Technology shall grant
and revoke industrial property representation service practice certificates.
5. To add the following Article 29a:
"Article 29a. Recording and deletion of names of organizations which fully satisfy
the conditions for providing industrial property representation services
1. Organizations which fully satisfy the conditions
specified in Article 154 of the Law on Intellectual Property which are detailed
in Clauses 2, 3 and 4 of this Article shall be recorded as industrial property
representation service organizations in the national register of industrial
property representatives and published in the Industrial Properly Official
Gazette at their request and after they pay prescribed fees and charges.
2. Organizations defined in Clause 1, Article 154 of
the Law on Intellectual Property include:
a/ Enterprises established and operating under the
law on enterprises;
b/ Cooperatives and unions of cooperatives
established and operating under the law on cooperatives;
c/ Law-practicing organizations established and
operating under the law on lawyers, excluding subsidiaries of foreign
law-practicing organizations, wholly foreign-owned limited liability law firms,
and limited liability law firms in the form of joint ventures between
Vietnamese law-practicing organizations and foreign law-practicing
organizations;
d/ Scientific and technological service organizations
established and operating under the law on science and technology.
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4. At-law representatives of industrial property
representation service organizations or persons belonging to organizations
authorized by these representatives to provide industrial property
representation services must satisfy the conditions for provision of industrial
property representation services specified in Clause I, Article 155 of the Law
on Intellectual Property.
5. An industrial property representation service
organization has its name deleted from the national register of industrial
property representatives and such deletion shall be published in the Industrial
Property Official Gazette in the following cases:
a/ It terminates the provision of industrial property
representation services:
b/ It no longer fully satisfies the conditions
specified in Article 154 of the Law on Intellectual Property Law.”
6. To add the following Clauses 2a, 2b and 3a to
Article 36:
"2a. Industrial property registration
applications filed with the National Office of Intellectual Properly in the
period from July 1, 2006, through December 31, 2009, shall be processed in
accordance with the 2005 Law on Intellectual Property and guiding documents.
2b. Industrial property registration applications filed
with the National Office of Intellectual Property from January 1, 2010, on,
shall be processed in accordance with the 2009 Law Amending and Supplementing a
Number of Articles of the intellectual Property and guiding documents.
3a. The National Office of Intellectual Property
shall grant registration certificates of geographical indications for
appellations of origin of Goods already registered in accordance with the
provisions of the Law on Intellectual Property regarding registration of
geographical indications. All rights and obligations of industrial property
right holders related to appellations of origin of goods comply with the
provisions of the Law on Intellectual Property regarding geographical
indications."
Article 2.
Effect
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Article 3.
Implementation guiding responsibility
1. The Minister of Science and Technology shall guide
the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, and chairpersons of provincial-level
People's Committees shall implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung