Documents and Procedures for Registration of Professional Examination in Industrial Property Expertise are Prescribed How?
What does the application file for the occupational assessment inspection in industrial property include?
Based on the provisions at Subsection 34 of Section A of the administrative procedures issued with Decision No. 2060/QD-BKHCN in 2023, the application file for the occupational assessment inspection in industrial property is stated as follows:
The application file for the occupational assessment inspection in industrial property includes
- The registration form for the occupational assessment inspection in industrial property according to Form No. 01 in Appendix VI of Decree No. 65/2023/ND-CP;
- A copy of the university or postgraduate degree (present the original for comparison, except for the case of a certified copy);
- A copy of the recruitment decision or labor contract and other documents proving actual professional activities (present the original for comparison, except for the case of a certified copy);
- 02 photos, size 3x4 (cm);
- A copy of the proof of payment of fees (in case of payment via postal service or direct payment into the account of the Intellectual Property Office).
What are the documents and procedures for registering for the occupational assessment inspection in industrial property? (Image from the Internet)
How is the procedure for registering for the occupational assessment inspection in industrial property at the Central level conducted?
Based on the provisions at Subsection 34 of Section A of the administrative procedures issued with Decision No. 2060/QD-BKHCN in 2023, the procedure for registering for the occupational assessment inspection in industrial property at the Central level is conducted as follows:
- Step 1: Receipt of the application
Individuals submit 01 application file for the occupational assessment inspection in industrial property to the Intellectual Property Office.
- Step 2: Processing the application
Within 20 days from the date of receipt of the application, the Intellectual Property Office is responsible for processing the application according to the following regulations:
+ If the application has all the required documents and the applicant meets the conditions to participate in the inspection, the Intellectual Property Office issues a notification of acceptance of the application, specifying the inspection plan;
+ If the application is missing documents or the applicant does not meet the conditions to participate in the inspection, the Intellectual Property Office issues a notice of intent to refuse acceptance of the application, stating the reasons and setting a deadline of 01 month for the applicant to correct or provide counterarguments. If the applicant does not correct the deficiencies or the corrections do not meet the requirements, or if the counterarguments are unfounded, the Intellectual Property Office issues a decision to refuse acceptance of the application (stating the reasons).
Method of implementation:
- Online through the administrative procedure resolution system of the Ministry of Science and Technology;
- Directly or via postal service to the headquarters of the Intellectual Property Office in Hanoi or its representative offices in Ho Chi Minh City and Da Nang.
Fees:
- Fee for the occupational assessment inspection in industrial property (per subject): 300,000 VND.
- Fee for re-examination of the occupational assessment results in industrial property (per subject): 150,000 VND.
Results of the administrative procedure:
- Notification of acceptance of the application for the occupational assessment inspection in industrial property;
- Decision to refuse acceptance of the application for the occupational assessment inspection in industrial property;
- Notification of the results of the occupational assessment inspection in industrial property;
- Notification of the results of the re-examination of the occupational assessment in industrial property (if any).
What are the requirements for implementing the procedure for registering for the occupational assessment inspection in industrial property?
Based on the provisions at Subsection 34 of Section A of the administrative procedures issued with Decision No. 2060/QD-BKHCN in 2023, the requirements for implementing the procedure for registering for the occupational assessment inspection in industrial property are stated as follows:
- Must be a Vietnamese citizen with full civil act capacity;
- Must be a permanent resident in Vietnam;
- Must have a university or postgraduate degree in natural sciences or technical sciences for the specializations of patent and layout design assessment; a university or postgraduate degree in any field for other assessment specializations;
- Must not be handling administrative violations related to industrial property laws, professional ethical violations, nor be subject to criminal prosecution or having a criminal record not yet expunged;
- Must have directly worked in dispute resolution, complaint handling, inspection, examination, legal consultancy on industrial property, scientific research with the title of a researcher, or teaching on industrial property with the title of lecturer for 05 years or more, or those who have directly explained, guided the implementation of law provisions, formulated regulations, directly implemented or reviewed the results of substantive examination applications for patents (including utility solutions), industrial designs, trademarks, or geographical indications (including appellations of origin) at national or international industrial property offices for 05 years or more, or those who have practiced industrial property representation services for 05 years or more.
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