Dossier for Annulment of the Validity of a Central-Level Protection Certificate: Components and Procedures
What does the dossier for the annulment of the central-level protection title include?
Based on sub-item 14, Section A of administrative procedures issued together with Decision 2060/QD-BKHCN of 2023, the dossier components for annulment of the central-level protection title include:
Dossier components:
- Declaration for termination/cancellation of the protection title for industrial property objects according to Form No. 08 Appendix II of Decree 65/2023/ND-CP;
- Evidence (if any);
- Power of attorney (if the application is submitted through a representative);
- Statement of reasons for the request;
- Copy of the fee payment document (in case of payment via postal service or direct payment to the account of the Intellectual Property Office).
- Number of dossiers for the annulment of the central-level protection title: 01 (set).
The dossier for annulment of the central-level protection title includes the following documents:
- Declaration for termination/cancellation of the protection title for industrial property objects;- Evidence (if any);- Power of attorney (if the application is submitted through a representative);- Statement of reasons for the request;- Copy of the fee payment document (in case of payment via postal service or direct payment to the account of the Intellectual Property Office).
What does the dossier for the annulment of the central-level protection title include? How to carry out the procedure?
How is the latest procedure for annulment of the central-level protection title conducted?
Based on sub-item 14, Section A of administrative procedures issued together with Decision 2060/QD-BKHCN of 2023, the latest procedure for annulment of the central-level protection title is conducted as follows:
Procedure steps:
- Step 1: Receive the application
Organizations and individuals submit 01 set of dossiers requesting the annulment of the protection title for industrial property objects to the Intellectual Property Office.
- Step 2: Process the application:
In case the proprietor voluntarily requests the annulment of the protection title:
+ Check the formal aspects and conclude the validity of the annulment request;+ Check the validity of the protection title requested for annulment;+ Issue a decision to annul the protection title as requested by the applicant.
In case a third party requests the annulment of the protection title:
+ Examine the evidence and reasons for the annulment request;+ The Intellectual Property Office notifies in writing the protection title proprietor of the third party’s opinion for the proprietor to provide feedback. The Intellectual Property Office may organize a direct exchange of opinions between the third party and the protection title proprietor;+ Based on the parties' opinions, the Intellectual Property Office issues a decision to annul part or all of the protection title’s validity or a notification to reject the annulment request.+ The decision to annul the protection title is published in the Industrial Property Gazette and recorded in the National Register of Industrial Property within 02 months from the date of signing.
Methods of implementation:
- Online through the Administrative Procedures Resolution Information 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 two representative offices in Ho Chi Minh City and Da Nang.
Fees and charges:
- Fee for requesting the annulment of the protection title: 50,000 VND (per item).- Fee for examining the annulment request: 390,000 VND- Fee for registering the Annulment Decision: 120,000 VND.- Fee for publishing the Annulment Decision: 120,000 VND.
What is the time limit for resolving the procedure for the annulment of the central-level protection title?
Based on sub-item 14, Section A of administrative procedures issued together with Decision 2060/QD-BKHCN of 2023, the time limit for resolving the procedure for the annulment of the central-level protection title is specified as follows:
- In case the proprietor of the protection title requests the annulment: 15 working days from the date of receiving the request.- In case a third party requests the annulment: 03 months from the end of the 02-month period from the date the Intellectual Property Office sends written notification of the third party’s opinion to the protection title proprietor without any response or from the date the opinion of the protection title proprietor is received. This period may be extended by up to 03 months if the protection title proprietor’s opinion differs from that of the annulment request submitter.- The time for executing other related procedures necessary to resolve the annulment request is not counted within the above time limits.
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