Can Applicants for Industrial Property Registration Amend Their Industrial Property Representation?
Can the applicant for industrial property registration amend the industrial property representative?
Clause 1, Article 16 of Decree 65/2023/ND-CP stipulates the amendment and supplementation of industrial property registration applications as follows:
Amendment and supplementation of industrial property registration applications
1. Before the state management agency on industrial property rights issues a decision to reject the application, grant or deny the protection title, the applicant may:
a) Amend and supplement documents in the application provided that the amendments and supplements do not extend the scope (volume) of protection disclosed in the description for patent applications, photo sets, drawings and descriptions of industrial designs shown in the photo sets, drawings for industrial design registration applications, in the trademark sample and the list of goods and services for trademark registration applications, and do not alter the nature of the object stated in the application;
b) Amend the name, address, country code of the applicant, name, nationality, address of the inventor, layout design creator, industrial design; amend the industrial property representative.
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Thus, the applicant for industrial property registration can amend the industrial property representative before the state management agency on industrial property rights issues a decision to reject the application, grant or deny the protection title.
Can the applicant for industrial property registration amend the industrial property representative?
Can industrial property protection titles be issued in electronic form?
Clause 1, Article 29 of Decree 65/2023/ND-CP stipulates the amendment of information on protection titles and changes in the national register of industrial property as follows:
Amendment of information on protection titles, change of information in the National Register of Industrial Property
1. The protection titles record the information as prescribed in Clause 1, Article 92 of the Intellectual Property Law and according to the form stipulated in Appendix II to this Decree. The protection titles are issued in electronic form and paper form (if the applicant requests the issuance of a paper copy). The holder of the protection title, organizations, and individuals allowed by the state to exercise the right to register geographical indications may request the state management agency on industrial property rights to record changes in the information on the protection title in the following cases:
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Thus, the protection titles are issued in two forms:
- Electronic copy;- Paper copy if the applicant requests the issuance of a paper copy.
Guidance on the calculation of time limits in industrial property activities according to Decree 65/2023/ND-CP
Article 15 of Decree 65/2023/ND-CP stipulates the calculation of time limits in industrial property activities as follows:
- The calculation of time limits in industrial property activities is carried out according to the provisions on time limits of the Civil Code.
- The time limit for the applicant and related parties to submit, amend, supplement documents or provide opinions may be extended once by the same duration as specified in the notice of the state management agency on industrial property rights, provided that the request for extension is submitted before the end of the specified time limit and the fee for the extension request is paid as prescribed.
- The period not counted towards the time limit includes the time when force majeure events or objective obstacles occur, causing organizations and individuals with rights and obligations to be unable to exercise their rights and obligations within the time limit if such organizations and individuals request and have appropriate evidence to prove such situations. If the request is accepted, the state management agency on industrial property rights shall issue a decision or notice to withdraw the decision or notice already issued for the reason that the organization or individual did not exercise their rights and obligations within the time limit and restore the application processing process to the state as if the time limit had not ended.
- A force majeure event is an event that occurs objectively, cannot be foreseen (e.g., natural disasters, enemy incidents, etc.) and cannot be remedied despite the necessary measures and capabilities being applied.
Objective obstacles are obstacles due to objective circumstances (e.g., illness, business trips, studying in a remote location, etc.) that cause persons with rights and obligations to be unaware of the violation of their legitimate rights and interests or unable to fulfill their rights and obligations.
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