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MINISTRY OF SCIENCE AND TECHNOLOGY
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 13/2010/TT-BKHCN
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Hanoi, July 30, 2010
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CIRCULAR
ON AMENDING AND SUPPLEMENTING A
NUMBER OF PROVISIONS OF THE CIRCULAR NO.17/2009/TT-BKHCN OF JUNE 18, 2009 AND THE
CIRCULAR NO.01/2007/TT-BKHCN OF FEBRUARY 14, 2007
Pursuant to the Government’s Decree No.28/2008/ND-CP of
March 14, 2008 on regulating functions, tasks, powers and organizational
structure of the Ministry of Science and Technology;
Pursuant to the Government’s Resolution No.25/NQ-CP of June 02,
2010 on simplifying 258 administrative procedures under the management
authorities of Ministries and branches;
Pursuant to the Law on product and goods quality of November
21, 2007 and the Government’s Decree No. 132/2008/ND-CP of December 31, 2008,
detailing the implementation of a number of articles of the Law on product and goods
quality;
Pursuant to the Law on Intellectual Property of November 29,
2005, the Law on amending
and supplementing a number of articles of the Law on Intellectual Property of
June 19, 2009 (hereinafter referred to as the Law on Intellectual Property) and
the Government’s 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;
The Minister of Science and Technology amends, supplements a
number of provisions of the Circular No. 17/2009/TT-BKHCN of June 18, 2009
guiding the state quality inspection of imported goods under the management
responsibility of the Ministry of Science and Technology and the Circular no.
01/2007/TT-BKHCN of February 14, 2007 guiding the implementation of the Government’s
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 as follows:
Article 1. To amend, supplement Clause 3, Article 6 of
Circular No.17/2009/TT-BKHCN as follows:
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Article 2. To amend, supplement a number of points of
Circular No. 01/2007/TT-BKHCN as follows
1. To amend, supplement point 56, 57 and 58 of Circular No.
01/2007/TT-BKHCN as follows:
“56. Recording of industrial property representatives
56.1. To be officially granted to implement business,
practice rights of industrial property representation service, organizations,
individuals who are eligible for business, practice shall carry out
procedures for being recorded in the national register of industrial property
representation specified in
compliance with provisions in Clause 1 Article 156 of the Law on Intellectual
Property, as stipulated in this point and shall pay fee as prescribed.
56.2. A dossier of request for recording of an industrial
property representation service organization in the national register of industrial
property representation by an organization that meets the conditions stipulated
in Article 154 of the Law on Intellectual Property undersigns, comprises 01
dossier of documents as follows:
a) 02 copies of the written declaration of requesting recording
of an industrial property representation service organization, made in
accordance with form 03-YCGN stipulated in the Annex E of this Circular, in
which filling fully information of the organization and information of the
representative of that organization possessing practice certificate:
b) Copies of the organizations business registration certificate
or operation registration certificate (present originals for comparison, unless
the copies have been authenticated)
c) Copies of the recruitment decision or labor contracts of
the organization with the individual possessing practice certificate who is the
authorized representative of the organization and a copy of written authorized
representation of the organization’s head (present the originals for
comparison, unless the copies have been authenticated)
d) Copies of fee receipt (case of paying fee via post
services or directly paying into the account of the National Office
of intellectual Property)
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a) 02 copies of the written declaration of requesting recording
of the industrial property representative, made in accordance with form 03-YCGN
stipulated in the Annex E of this Circular, in which filling fully information
of the individual and the industrial property representation organization where
the individual practices;
b) Copies of the recruitment decision or labor contract of
the industrial property representation service organization with the individual
(present originals for comparison, unless the copies have been authenticated);
c) Copies of fee receipt (case of paying fee via post
services or directly paying into the account of the National Office
of intellectual Property)
56.4. Within 15 days from the day of receiving dossier of request
for recording of an industrial property representation service organization, dossier
of request for recording of an industrial property representative, the National
Office of intellectual Property shall consider the dossier according to procedure similar to
the procedures for grant of industrial property representation service
practice certificates stipulated in point 53.3 of this Circular
57. Recording of modification of the industrial property
representation
57.1. Industrial property representation service
organizations, industrial property representatives may request the National
Office of intellectual Property to record changes related to information recorded in the
National Register of industrial property representation as stipulated in this
point and shall pay fee as prescribed.
57.2. A dossier of request for recording of modification of
industrial property representation comprises 01 dossier of documents as
follows:
a) 02 copies of the written declaration of requesting recording
of modification of the industrial property representation service organization,
industrial property representative made in accordance with form 04-YCSD stipulated
in the Annex E of this Circular.
b) Copies of modified business registration certificate or
modified operation registration certificate of the industrial property
representation service organization in case of modification of name, address or
the legal representative of the organization (present originals for comparison,
unless the copies have been authenticated)
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d) Copies of fee receipt (case of paying fee via post
services or directly paying into the account of the National Office
of intellectual Property)
57.3. The procedures for processing dossier of request for
recording of modification on industrial property representation service
organizations, industrial property representatives is conducted similarly to the
procedures stipulated in point 56.4 of this Circular.
58. Deletion of names of industrial property representative
58.1. In cases stipulated in Clause 2 Article 156 of Law on
Intellectual Property, the National Office of intellectual
Property shall issue
the decision on deletion of names of the industrial property representation
service organization, the industrial property representative from the National
Register of industrial property representation; and publish the deletion of names
in the Industrial Property Official Gazette within 02 months from the day of
decision signing.
58.2. All organizations, individuals may request the National
Office of intellectual Property to delete
names of the industrial property representation organization, industrial
property representative if there is a ground to confirm that the organization,
individual is no longer eligible for business, practicing on industrial
property representation services.
58.3. The industrial property representative must conduct procedures
for deletion of the name in the National Register of industrial property
representation when terminating activities in the industrial property
representation organization and must conduct procedures for recording in the
National Register of industrial property when conducting in another industrial
property representation organization.
2. To replace the declaration form 03-YCGN and 04-YCSD in the
Annex E of the Circular No. 01/2007/TT-BKHCN with the declaration forms stipulated
in the Annex of this Circular.
3. To amend point 21.3.b of the Circular No.01/2007/TT-BKHCN
as follows:
“b) After considering opinions of the parties, the National
Office of intellectual Property shall
issue a decision on termination/invalidation of part of or entire the validity
of the protection title or notify refusal to terminate/invalidate the validity
of the protection title stipulated in clause 4 article 95 and clause 4 Article
96 of the Law on Intellectual property.
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In case the title owner himself/herself requests the
termination/invalidation of validity of the title, the aforementioned duration is
10 working days from the date of receiving the request.
Time of conducting the relevant procedures necessary for
solving the request for termination, invalidation of validity of a title is not
calculated in the aforementioned duration.
4. To amend point 8.5 of the Circular No. 01/2007/TT-BKHCN
as follows:
“8.2. Collection of charges and fees:
a) When receiving an application or a request for proceeding
any other procedures, the National Office of intellectual
Property shall ask the applicant to pay fees
and charges as prescribed (issue a fee and charge collection notice)
The National Office of intellectual Property shall issue 02 originals of fee,
charge receipt clearly indicating the colecting fee or charge amount, of which 01 shall be issued to the
payer and 01 shall be saved in the application dossier to serve the formality evaluation of applications.
b) For payments via post services or direct payments to the
account of the National Office of intellectual Property, the applicant must submit the
copies of fee and charge receipts together with the petition file.
c) In case fees and charges are not fully paid as
prescribed, the National Office of Intellectual Property shall notice to the applicant.”
5. To replace provisions in points 7.1.a(iii), 18.3.c(iv),
20.1.c(viii), 20.3.c(iv), 21.2.b(v), 22.2.b(vi), 47.1.g, 47.2.e, 49.2.a(vi),
50.2.d, 52.2.d, 53.2.d, 59.2.b(v), 64.2.c of the Circular No. 01/2007/TT-BKHCN
with this following provision:
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Article 3. Effect
This Circular takes effect after 45 days from the signing
date./.
FOR MINISTER
DEPUTY MINISTER
Nguyen Quan
ATTACHMENT
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