PHO: A cultural icon and the Trademark controversy in United Kingdom

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October 30, 2024

Pho is widely celebrated as the quintessential national dish of Vietnam, symbolizing the country’s rich culinary heritage and enjoyed by people of all backgrounds. In 2007, “Pho” was added to the Shorter Oxford English Dictionary. As defined in Oxford Learner’’s Dictionary, “PHO is a type of Vietnamese soup, usually served with rice noodles, slices of beef or chicken, and herbs”.

Founded in 2005 by Stephen and Juliette after traveling to Vietnam and fell in love with the slow-simmered broth, The UK restaurant Chain now has 45 outlets, selling thousands of bowls of pho per week across Britain under the name “Pho Holdings Ltd.”.

The company has trademarked several variations of phrases that involve the word “Pho” since 2005. It registered the first trademark “Pho and device” for services related to restaurant and foods in class 43 with the UK’s Intellectual Property Office (UKIPO) in May, at the same year it was founded. Three months later, the company registered the second trademark “Pho and device” for products, among many others, like rice, noodle products, and noodle soups in class 30. In March 2007, it made the registration for the third trademark containing only the word “Pho” for services related to restaurant and foods in class 39 and class 43. In September 2011, it continued to register the fourth trademark “Pho and device” for among many others, products like rice and noodles, noodles soup in class 30 and services related to restaurant and foods in class 39 and 43. The company obtained 4 trademark certificates in November 2005, February 2006, May 2008, and October 2012 respectively.

In 2013, Mo Pho – a London–based Vietnamese restaurant, received a legal letter from Pho Holdings requesting it changes its name as it contained one word “Pho” – due to trademark infringement. Pho Holdings stating that it had not trademarked the Vietnamese dish, just the brand identity and logo to protect business. Because of the public outage, the chain admitted to making a mistake and tweeted they had dropped the dispute against the now-permanently closed Mo Pho, according to The Guardian.

PHO A cultural icon and the Trademark controversy in United Kingdom

After almost 2 decades, Vietnamese businesses in the UK are finally able to have “pho” in their names without risking legal reprisal. The issue resurfaced in 2024, a London – based Vietnamese Tiktoker @iamyenlikethemoney, called out the restaurant in a video for trademarking a culturally significant word. She stressed that trademarking “pho” is akin to claiming ownership to “fish and chips”, “sushi” – which are likewise “genetic” terms or descriptive terms in Intellectual Property. The video has since gone viral with over 2.6 millions views and thousands of comments expressing similar sentiments. As receiving backlash on social media due to that video, the chain released a statement saying that it would “never attempt” to trademark “pho” – Vietnamese’s national dish and how it is spelled there – and that it doesn’t belong to anyone but the people of Vietnam.

Since then, as per the UKIPO, the company filed a request to surrender its trademark on the word, reported British newspaper The Daily Mail on Oct 22. The process was officially completed two days later, meaning the Vietnamese word is now free and available for all businesses in the UK to use.

This case raises some critical issues: how did the UKIPO examine the non-descriptiveness of the “Pho” trademark in this case and how can a national dish be trademarked for a restaurant business serving that dish and other relevant foods? How do similar cases play out in other countries? This could provide a comparative perspective on cultural terms and trademarks.

Read more >> Trademark registration

Virtual meeting with G&W Partners LLP

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sblaw

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October 15, 2024

On the afternoon of October 08, 2024, SBLAW held a virtual meeting with Mr. Daniel Xinhua Wang, Managing Partner of the G&W PARTNERS LLP based in China to discuss future cooperation prospects.

About G&W Partners LLP

Founded in 1999, G&W Partners LLP is one of the earliest partnership law firms in China and originated from the former Great Wall Foreign Economic Law Firm (Great Wall Attorneys) of the Ministry of Foreign Trade and Economic Cooperation of the People’s Republic of China. G&W Partners is a full-scope service law firm and has been widely recognized as a leader in intellectual property law, commercial transaction and investment, corporate governance and compliance, real estate and infrastructure, energy and transportation, finance and securities and dispute solutions across a wide range of industries and sectors.

Regarding the IP services, G&W Partners provide a prestigious team with rich local experience and global vision working in offices in several cities in China and internationally, providing various services such as registering and enforcing intellectual property rights for patents, trademarks, industrial designs, and copyrights..

Future cooperation prospects

During the meeting, both firms presented an overview of our respective experiences, existing teams of lawyers and legal advisors, and the range of services we offer. Through our discussions, both parties recognized numerous similarities not only in our legal consulting work for businesses but also in the field of intellectual property.

SBLAW and G&W Partners both possess considerable expertise in activities related to intellectual property, such as, patent, trademark and industrial design registration and infringement analysis, extending services not only domestically but also internationally, including in the United States, Australia, Europe, East Asia, and Southeast Asia.

Moreover, SBLAW and G&W Partners have both engaged in legal consulting activities within each other’s markets for an extended period and have identified significant opportunities in the realm of intellectual property in both Vietnam and China. Given the recent breakthroughs in bilateral economic cooperation between the two countries, characterized by a substantial increase in foreign direct investment and a growing number of Chinese businesses entering the Vietnamese market.

This matter leads to a rising tide of legal issues emerging between Chinese and Vietnamese companies. Consequently, both parties proposed to consider collaboration in the field of intellectual property, initially focusing on Vietnam and China, with the potential to expand into other regions as opportunities arise.

The meeting concluded that afternoon in a warm and amicable atmosphere, fostering an open spirit. Both sides expressed a strong desire for an in-person meeting in Hanoi in the near future.

Read more >> Trademark in Vietnam

The Ministry of Finance reduces industrial property ownership fees by 50% to support citizens and businesses

By

sblaw

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July 10, 2024

On July 2, 2024, the Ministry of Finance officially issued Circular No. 43/2024/TT-BTC, which regulates the reduction of fees in the field of industrial property. This move aims to create more favorable conditions for individuals and businesses to register and protect their intellectual property rights, promoting innovation and business development domestically.

According to Circular 43, the fees for industrial property will be reduced by 50% of the fee rates specified in Section A of the Fee Schedule, the fee for industrial property issued together with Circular No. 263/2016/TT-BTC on November 14, 2016, by the Minister of Finance, which regulates the collection, payment, management, and use of fees for industrial property ownership.

This reduction will only apply to the fee rates and will not be applicable to the fees for industrial property specified in Section B of the aforementioned Circular. This regulation will take effect from July 1, 2024, until December 31, 2024.

Reducing registration and maintenance fees for industrial property rights brings many benefits to both individuals and businesses. Companies and individuals can save a significant amount of costs, allowing them to invest more in research and development of new products. Reducing registration fees promotes creativity and innovation, protects the rights of creators and businesses, and creates conditions for them to develop new products and services. With ownership of patents, trademarks, and industrial designs being protected, businesses can enhance their competitive capabilities in the market, not only domestically but also internationally.

The issuance of Circular 43/2024/TT-BTC on reducing fees in the field of industrial property is a positive step by the Ministry of Finance to support and promote the development of the creative community and businesses in Vietnam. This is a good opportunity for individuals and businesses to utilize and protect their intellectual property rights, and thereby contribute to the sustainable economic development of the country.

SBLAW has been ranked in The Legal 500 Asia Pacific 2023 Edition

By

sblaw

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February 8, 2023

We are so honored to be once again ranked in Tier 2 of Leading Intellectual Property local firms in Vietnam in the Legal 500 Asia Pacific 2023 Edition.

Please see this following link:

https://www.legal500.com/c/vietnam/intellectual-property-local-firms/

Reviewed by the publication:

SB LAW advises domestic and international clients on a range of trademark, patent, industrial design and copyright matters, including licensing and franchising, technology transfer agreements, enforcement and litigation, as well as anti-counterfeiting proceedings. Nguyen Thanh Ha is a key name.

Testimonials

‘SB Law’s experience in specific areas, together with reasonable prices, make the firm competitive when compared with others. The team is nice, responsive and provide a good consulting service.’

Key clients

EB Services Company

Tin Nghia Corporation

Early Start JSC

Electronics Communications Technology

Investment Development Joint Stock Company

Elsa Company

Bumhan Industries

VCC Vietnam Co.

Couple Group

Saigon Binh Tay Beer Group Joint Stock Company

Jones & Co

Mekong Capital Advisors

Work highlights

Represented Early Start in proceedings with trademark registrations in Indonesia and Thailand.
Advised Muddy Waters, LLC in registering their 05 trademarks in Vietnam.
Advised Thien Sinh Joint Stock Company on trademark registration in Laos.

We are so thankful to our clients for supporting and trusting in us! Thank you so much team for excellent performance, dedication and hard work!!!

Music Copyright registration in Vietnam

By

sblaw

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April 22, 2020

Question: We are foreign company and would like to register Music Copyright registration in Vietnam, please provide us the quoation?

Answer: Thanks for your conservation concerning the subject matter.

Regarding your enquiries, we would like to advise you on procedure and our updated fee schedule in relation to the copyright registration proceeding in Vietnam as follows:

1.Copyright information

Types of works: Music works

2. Fee schedule

Description	Fee (VND)
Fee for filling 01 copyright application	5.000.000
5%VAT:	250.000
Total In words	5.250.000 Five million two hundred and fifty thousand Dongs

Noted: The above fees are inclusive of 5%VAT, not include communication costs and bank charges.

3.Procedure and timeline

The duration of copyright application is around 20 -30 working days.

4.Required documents and information

02 Notarized copies of Certificate of Business Registration of the Owner;

02 copies of the author’s ID or passport;

02 copy version of music works;

SBLAW provides

02 Power of Attorney (POA) (SBLAW’s form);

02 Declarations of the author and the owner (If the author is the owner);

02 assigned decision (If the staff of the company/the owner is assigned tasks to indite/write a work);

02 contracts of lease of writing/inditing a software (If the owner hired a third party to indite/write a software program);

02 Commitments of the author(s) of work;

We hope the above is of your assistance. Should you have any inquiry, please do not hesitate to contact us.

Vietnam Trademark registration

By

sblaw

-

December 24, 2019

Question: I am a Singapore businessman. I would like to apply my trademark (word mark in class 25) in Vietnam.

Before go ahead with you, I have 3 quick questions:

1. May I make the payment via Paypal? It is convenient for both.

2. Do you provide official NOIP search? It seems NOIP stop official search since 2010.

3. On your website, it says “Class headings or general description of goods/services is no longer acceptable” by NOIP.

Please clarify “class heading or general description”. For example: 250003 Footwear, 250186 headwear, 250130 shoes, 250101 slippers, 250111 sandals, 250045 clothing, 250101 clippers, which are general/which are detailed?

Answer: As your request, we would like to advise as follows:

Please find our answer in red:

1. May I make the payment via Paypal? It is convenient for both.

Yes, of course.

2. Do you provide official NOIP search? It seems NOIP stop official search since 2010.

Please be noted that it is unofficial trademark search. It will be conducted by the examiner of NOIP on the internal database for your reference and not a final decision of NOIP

3. On your website, it says “Class headings or general description of goods/services is no longer acceptable” by NOIP. Please clarify “class heading or general description”. For example: 250003 Footwear, 250186 headwear, 250130 shoes, 250101 slippers, 250111 sandals, 250045 clothing, 250101 clippers, which are general/which are detailed?

These goods, which have code in Nice version XI, are detailed and acceptable for filing.

Should you have any questions, please do not hesitate to contact us.

PROCEDURE RELATED TO INDUSTRIAL DESIGN PATENTS IN VIETNAM

By

sblaw

-

October 6, 2019

1. General provisions on renewal of validity of protection titles

Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years. Request for renewal of one or several industrial design variations stated in the industrial design patent must include a basic variation.

To have the validity of his/ her industrial design protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal 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 delayed renewal fee for each month of delayed payment.

– A request for renewal of protection titles’ validity includes:

+ Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/ TT-BKHCN);

+ Original protection title (if the extension is requested to be recorded in the protection title);

+ Power of attorney (in case the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.

– Result: If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title renewal.

Return the protection title to the owner.

– Fees and charges:

+ Official charge for renewal of protection titles: VND 100,000/ 01 variant;

+ Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;

+ Fee for examination request for renewal of protection titles: VND 160,000/ 01 protection title;

+ Fee for protection title usage: VND 700,000/ 01 variant;

+ Fee for publication of decision of renewal of protection titles: VND 120,000/ 01 request;

+ Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.

2. General provisions on grant of protection title duplicates and reissue of protection titles

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 IPVN to grant duplicates of the protection title but shall pay a fee therefor.

In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: the protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used.

– A request for grant of duplicates/ reissue of protection titles includes:

+ Declaration requesting grant of duplicates/ reissue of protection titles, (typing according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ Sets of photos or drawings of industrial designs;

+ Power of attorney (in case the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.

– Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the protection title.

Return the protection title to the owner.

– Fees and charges:

+ Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;

+ Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.

+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).

3. General provisions on amendment or change of holders of protection titles

The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: Change in the name or address of the protection title holder; change in the author’s name or nationality; 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…).

Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property

A request for narrowing of the protection coverage: request for reduction of one or several independent or dependent points within the (requested) protection coverage stated in the industrial design patent.

– A written request for amendment or change of holders of protection titles comprises the following documents:

+ Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;

+ Original protection title;

+ 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;

+ 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;

+ Documents explaining in detail the modified contents;

+ 05 sets of photos or drawings of industrial designs;

+ Power of attorney (if the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.

In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for industrial designs not exceeding 04 months and 20 days.

In complicated cases, the time limit for re-examination must be extended, however, it must not exceed the time limit for examination of applications for establishment of rights.

– Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title amendment.

Return the protection title to the owner.

– Fees and charges:

+ Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;

+ Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;

– Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;

+ Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.

– Fee for a re-examination in case narrowing of the protection coverage: VND 700,000 / 01 variant.

4. General provisions on assignment of protection titles

Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (hereinafter referred to as “contract”).

An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).

– A dossier for registration of an industrial property right assignment contracts comprises the following documents:

+ Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ The contract;

+ Original protection title;

+ Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;

+ Power of attorney (if the dossier is filed through a representative);

+ Fee and charge receipts;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.

– Result: If a dossier for registration of an assignment of protection titles contains no error, the IPVN shall issue a decision on registration of the contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title assignment.

Return (if any): the protection title to the owner.

– Fees and charges:

+ Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;

+ Fee for publication of decision of registration of assignment of protection titles: VND 120,000/ 01 request;

+ Fee for recording decision of registration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.

5. General provisions on licensing of industrial property objects

Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as “license contract”).

– A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:

+ Written declaration on the industrial property licensing contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ 02 originals or 02 valid copies of the contract;

+ Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;

+ Power of attorney (if the dossier is filed through a representative);

+ Fee and charge receipts;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the requests for registration of the license contract within 02 months from the date of receipt of the request.

– Result: If a dossier for registration of an industrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of an industrial property licensing contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for registration of an industrial property licensing contract.

Return (if any): certificate of registration of an industrial property licensing contract, the protection title to the owner.

– Fees and charges:

+ Fee for granting a certificate of registration of the contract of licensing of industrial property subject: VND 120,000/ 01 request;

+ Fee for examination request for registration of an industrial property licensing contract: VND 230,000/ 01 protection title;

+ Fee for publication of decision on the grant of a certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;

+ Fee for recording decision on the grant of a certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.

6. Recording of amendment of contents, extension and ahead-of-time termination of validity of contracts on licensing of industrial property objects

Amendment of the content of the industrial property licensing contract occurs in cases there is a change of name and address of the parties in the contract or changes in the content of the terms stated in the contract.

The extension of validity of the industrial property licensing contract occur in cases the parties agree to continue performing the contract after the term of the contract has expired, or the parties need to extend the validity of each IP object licensed in the contract.

Termination of the industrial property licensing contract occur in cases one of the parties requests to terminate the contract ahead of time.

The amendment 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 IPVN.

– A dossier requesting recording of amendment 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:

+ Written declaration requesting recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object (according to a set form 03-SĐHĐ Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ The original certificate of registration of the contract on licensing of an industrial property object (in case of registration of amendment of contents or extension of validity of the contract);

+ Documents evidencing the amendment of the names and addresses of the contracting parties;

+ 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;

+ Power of attorney (if the request is filed through a representative);

+ Fee and charge receipts;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the requests for recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object within 01 months from the date of receipt of the request.

– Result:

If the dossier is valid, the IPVN shall issue a decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object; record the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object; record the modified contents, extension or termination of validity of the contract on licensing of an industrial property object in the national register of assignment of industrial property rights; publish the decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object in the Industrial Property Official Gazette. If the dossier contains errors, the IPVN shall issue a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its refusal to record the amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object.

Return (if any): certificate of registration of an industrial property licensing contract that has updated the amendment or extension of the validity of the contract.

– Fees and charges:

+ Fee for examination request for recording of amendment of contents, extension or ahead-of-time termination of validity of an industrial property licensing contract: VND 160,000/ 01 protection title;

+ Fee for publication of decision on recording the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object: VND 120,000/ 01 request;

+ Fee for recording the modified contents, extension or termination of validity of the contract on licensing of an industrial property object into the National Register of Industrial Property: VND 120,000/ 01 protection title.

7. General provisions on grant of certificate of registration of an industrial property licensing contract duplicates and reissue of certificate of registration of an industrial property licensing contract

– A request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts includes:

+ Declaration requesting grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts (according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ Power of attorney (in case the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts within 01 month from the date of receipt of the request.

– Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a certificate of registration of an industrial property licensing contract fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the certificate of registration of an industrial property licensing contract.

Return the duplicated/ reissued certificate of registration of an industrial property licensing contract to the owner.

– Fees and charges:

+ Fee for publication of a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;

+ Fee for recording a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.

+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).

8. Termination of validity of protection titles (its owner declares to relinquish the industrial property rights)

In this case, the termination of validity of protection titles due to the fact that its owner declares to relinquish the industrial property rights. Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall examine the request and decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration.

– A request for termination of validity of protection title includes:

+ Declaration requesting termination of validity of protection titles (according to form 04-CDHB Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ Written description of the reason for requesting the termination of validity of protection title;

+ Power of attorney (in case the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the request for termination of validity of protection title within 10 days from the date of receipt of the request.

– Result: Based on the result of the examination of requests for termination of validity of protection titles and, the IPVN shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.

– Fees and charges:

+ Fee for requests for termination of validity of protection titles: VND 50,000/ 01 request;

+ Fee for examination requests for termination of validity of protection titles: VND 180,000/ 01 protection title;

+ Fee for publication of decision on the termination of validity of protection titles: VND 120,000/ 01 request;

+ Fee for recording decision on the termination of validity of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.

PROCEDURES FOR AMENDMENT/ TRANSFER OF APPLICATIONS FOR INDUSTRIAL DESIGN IN VIETNAM

By

sblaw

-

October 6, 2019

1. Procedure for amendment of industrial design applications
-Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/ her own initiative or upon the request of the IPVN.
– A request for application amendments includes:
(i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
(ii) Documents certifying the change of the application [In response to a request for amendment or supplementation of the industrial design registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: 04 sets of drawings or photos and a description. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the application];
(iii) Power of attorney (in case the request is filed through a representative);
(iv) Fee for application amendments request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application amendments in case the application has been accepted as a valid application).
In case the application is amended in terms of content (additional objects/ variants), the applicant needs to pay an application examination fee for additional objects/ variants (700,000 VND / 01 object/ variant), fee for the patent search for the examination process of additional objects/ variants (VND 480,000/ 01 object / variant), image-publishing fee for additional objects / variants (VND 60,000 / 01 image).
– An application amendments request is filed after the IPVN issues Notification of intended grant of certificates andpay fees, charges in case the amendment of information related to the nature of the object stated in the application (specifically, the set of photos/ drawings and the description), the application must be re-examinationand the fee for substantive re-examination is calculated based on the number of objects (VND 700,000/ 01 objects).
– The time limit for processing a dossier for registration of an industrial design application amendments request is 02 months.
– Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

(i) Paper filing
The applicant may submit a request for application amendments directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing a request for application amendments by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

(ii) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing a request for application amendments on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.
2. Procedure for transfer of industrial design applications
– Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/ her application to another person.
– A request for application transfer includes:
(i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
(ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
(iii) Power of attorney (in case the request is filed through a representative);
(iv) Fee for application transfer request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application transfer in case the application has been accepted as a valid application).
– The time limit for processing a dossier for registration of an industrial design application transfer request is 02 months.
– Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

(i) Paper filing
The applicant may submit an application transfer request directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing an application transfer request by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

(ii) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing an application transfer request on the IPVN’s Online Application Receiving System.After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

3. Procedure for division of industrial design applications
– Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the IPVN, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).
– A request for application division includes:
(i) 02 Declaration for registration which are typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parent application must be specified;
(ii) 01 descriptions of the industrial design;
(iii) Documents request in writing, proposal for divide industrial design application;
(iv) Power of attorney (in case the request is filed through a representative);
(v) For each divisional application, the applicant shall pay all fees and charges for procedures:
+ In case the parent application has had the result of substantive examination of applications:
. Official charges for filing application: VND 150,000/ 01 application;
. Fee for publication of application: VND 120,000/ 01 application;
. Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
. Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment fee (VND 160,000).
+ In case the parent application has not yet had the result of substantive examination of applications:
* If the variants stated in the parent application are divided into divisional applications, the divisional application must bear the fees/ charges:
. Official charges for filing application: VND 150,000/ 01 application;
. Fee for publication of application: VND 120,000/ 01 application;
* If the variants are not stated in the parent application, the applicant shall pay all fees and charges for procedures carried out independently from the parent application for each divisional application.
– The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.
– Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

(i) Paper filing
The applicant may submit a request for application division directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing a request for application division by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

(ii) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing a request for application division on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

Application form:

REGISTRATION PROCEDURE FOR INDUSTRIAL DESIGNS IN VIETNAM

By

sblaw

-

October 6, 2019

1. Minimum documents
– 02 Declaration for registration which are typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN;
– 01 copy of the industrial design description; [a description of the industrial design description must satisfy the general requirements specified at Points 33.5 of Circular No. 01/2007/TT-BKHCN and must be contains the following contents:
+ Name of the industrial design;
+ Field in which the industrial design is used;
+ The most similar industrial design;
+ List of photos or drawings;
+ Detailed description of the industrial design;
+ Coverage of protection (or claim for protection) of the industrial design].
– 04 sets of photos or 04 sets of drawings of an industrial design.
– Fee and charge receipts.

2. Other documents (if any)
– Power of attorney (in case the request is filed through a representative);
– Paper on assignment of the right to file an application (if any);
– Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
– Documents evidencing the right of priority (if the patent application has a claim for priority right).

3. General requirements for industrial property (IP) registration applications
– Each application can request grant of one protection title which is of a type suitable to the industrial design stated in the application;
– All documents of the application must be in Vietnamese. For documents that are allowed to made in another language according to the provisions of Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN must be translated into Vietnamese;
– All documents of the application must be presented in the portrait format (particularly, drawings, figures, charts and tables may be presented landscape) on A4 paper sheets (210 mm x 297 mm), of which the top, bottom, left and right margins are all 20 mm, in Times New Roman font, text is not smaller than size 13, except for accompanied documents originally not intended to be included in the application;
– For documents that must be made according to pre-designed forms, those forms shall be used with all necessary information filled in appropriate sections;
– A document consisting of many pages must have page numbers in Arabic;
– 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 Intellectual Property Office of Viet Nam (IPVN), the applicant may correct such error but shall append his/her signature of certification (and a seal, if any) at the corrected words;
– 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;
– The application may be accompanied with carriers of electronic data of part or the entire content of its documents.

4. Fees and charges for industrial design registration
– Official charges for filing application: VND 150,000/ 01 application;
– Fee for classification service VND 100,000/ 01 classification.
– Fee for examination: VND 700,000/ 01 object;
– Fee for publication of application: VND 120,000/ 01 application;
– Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
– Fee for the industrial design search for the examination process: VND 480,000/ 01 object;
– Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;

Note:
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 IPVN shall carry out the classification for which the applicant shall pay a fee as prescribed. (VND 100,000/ 01 classification).

5. Time limit for processing industrial design registration applications
From the date on which the registration application is received by the IPVN, the registration application of an industrial design shall be examined in the following order:
– An industrial design registration application shall have its formality examination within 01 month from the filing date;
– Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
– An industrial property registration application shall be substantively examined within 07 months from the date of application publication.

6. Methods of filing application
The applicant may choose paper filing or online filing through the IPVN’s online public service portal, specifically as follows:

a) Paper filing
The applicant may submit an application for an industrial design directly or via postal service to one of the IPVN’s application receiving places, specifically as follows:
– Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
– Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
– Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
In case of filing an application for an industrial design by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
(Note: If the fee or charge is transferred to one of the above-mentioned IPVN’s application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

b) Online filing
– Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
– Online filing:
+ The applicant need to complete the steps of filing an industrial design application form on the IPVN’s Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
+ The confirmation of online submission must be presented to one of the IPVN’s office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission.
+ If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
If one of the documents and fees/ charges is not fully submitted, the application will be denied.
In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

Industrial design in Vietnam

By

sblaw

-

October 6, 2019

1. Definition

Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.

Products herein are understood to mean articles, tools, equipments, or parts used for assembling such products, manufactured by industrial or handicraft methods, with a structure and clear function, be circulated independently.

2. General conditions for industrial design for protection

An industrial design shall be protected when it satisfies the following conditions:

– Being novel: An industrial design shall be considered novel if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.

– Involving an inventive step: An industrial design shall be considered involving an inventive step if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.

– Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.

In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.

In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.

3. The following subject matters shall not be protected as industrial designs

(a) Appearance of a product, which is dictated by the technical features of the product;

(b) Appearance of a civil or an industrial construction work;

(c) Shape of a product, which is invisible during the use of the product;

(d) Intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.

PROCEDURES RELATED TO PATENTS IN VIETNAM

By

sblaw

-

October 6, 2019

1. General provisions on maintenance of validity of protection titles

Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date/ the international filing date.Invention patent’s validity should be maintained annually.

Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date. Utility solution patent’s validity should be maintained annually.

To have the validity of his/her invention protection title maintained, a protection title holder shall file a request for maintenance of protection titles’ validity and 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 delayed maintenance fee for each month of delayed payment.

– A request for maintenance of protection titles’ validity includes:

+ Declaration requesting maintenance of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/ TT-BKHCN);

+ Power of attorney (in case the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the request for validity maintenance within 01 month from the date of receipt of the request.

– Result: If the request is valid, IPVN shall record it in the National Register of Industrial Property, issue a notice on the validity maintenance of the protection title, and publish it in the Industrial Property Gazette. If the request is error or invalid, IPVN shall issue a notice of that and fix a time limit to correct the errors or make oppositions. If the requester fails to correct the errors or unsatisfactorily correct the errors or make no opposition or make unsatisfactory the oppositions within the said time limit, IPVN issues the decision on refusal of the validity maintain of protection titles.

– Fees and charges:

+ Official charge for maintenance: VND 100,000/ 01 points;

+ Official charge for delayed maintenance: maintenance fee plus 10% for each month of delayed payment;

+ Fee for examination request for validity maintenance: VND 160,000/ 01 protection title;

+ Fee for protection title usage (per year):

From the 1st year to the 2nd year: VND 300,000/ year/ 01 point

From the 3rd to the 4th year: VND 500,000/ year/ 01 point

From the 5th to the 6th year: VND 800,000/ year/ 01 point

From the 7th to the 8th year: VND 1,200,000/ year/ 01 point

From the 9th to 10th year: VND 1,800,000/ year/ 01 point

From the 11th to 13th year: VND 2,500,000/ year/ 01 point

From the 14th to 16th year: VND 3,300,000/ year/ 01 point

From the 17th to 20th year: VND 4,200,000/ year/ 01 point

+ Fee for publication of Notice of validity maintenance: VND 120,000/ 01 request;

+ Fee for recording valid information into the National Register of Industrial Property: VND 120,000/ 01 protection title.

2. General provisions on grant of protection title duplicates and reissue of protection titles

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 IPVN to grant duplicates of the protection title but shall pay a fee therefor.

In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: The protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used.

– A request for grant of duplicates/ reissue of protection titles includes:

+ Declaration requesting grant of duplicates/ reissue of protection titles, (typing according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);

+ Power of attorney (in case the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.

– Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the protection title.

Return the protection title to the owner.

– Fees and charges:

+ Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;

+ Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.

+ Public service fee (temporarily not calculated, will be collected when there are specific regulations).

3. General provisions on amendment or change of holders of protection titles

The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: Change in the name or address of the protection title holder; change in the author’s name or nationality; 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…).

Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property

A request for narrowing of the protection coverage: request for reduction of one or several independent or dependent points within the (requested) protection coverage stated in the invention or utility solution patent.

– A written request for amendment or change of holders of protection titles comprises the following documents:

+ Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;

+ Original protection title;

+ 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;

+ 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;

+ Documents explaining in detail the modified contents;

+ Power of attorney (if the request is filed through a representative);

+ A copy of the receipt of fees and charges as prescribed;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.

In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for inventions not exceeding 12 months

In complicated cases, the time limit for re-examination must be extended, however, it must not exceed the time limit for examination of applications for establishment of rights.

– Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title amendment.

Return the protection title to the owner.

– Fees and charges:

+ Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;

+ Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;

– Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;

+ Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.

– Fee for a re-examination in case of narrowing of the protection coverage: VND 720,000 / 01 point.

4. General provisions on assignment of protection titles

Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (hereinafter referred to as “contract”).

An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).

– A dossier for registration of an industrial property right assignment contracts comprises the following documents:

+ Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);

+ The contract;

+ Original protection title;

+ Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;

+ Power of attorney (if the dossier is filed through a representative);

+ Fee and charge receipts;

+ Other documents (if necessary).

– The time limit: IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.

– Result: If a dossier for registration of an assignment of protection titles contains no error, the IPVN shall issue a decision on the registration of the contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title assignment.