File and Procedure for Recording Changes in Information of Industrial Property Representative Service Organizations: How Is It Implemented?
What does the file for recording changes in information of an industrial property representation service organization include?
According to the provisions in Section 31, Section A of the administrative procedure issued together with Decision 2060/QD-BKHCN in 2023, the components and quantity of the file for recording changes in information of an industrial property representation service organization include:
- File components, including:
+ The declaration form requesting the recording of changes in information about the industrial property representation service organization according to Form No. 07 in Appendix V of Decree 65/2023/ND-CP;
+ Copy of the certificate of business registration or the amended certificate of operation registration of the industrial property representation service organization in case of name or address change (present the original for comparison, unless the copy has been certified), except in cases where the business identification number has been declared in the declaration form requesting the recording of changes in the industrial property representation service organization;
+ A copy of the payment receipt for fees and charges (in case the fees and charges are paid via postal service or directly into the account of the Intellectual Property Office).
How to file and procedure for recording changes in information of an industrial property representation service organization?
How is the procedure for recording changes in information of an industrial property representation service organization carried out?
According to the provisions in Section 31, Section A of the administrative procedure issued together with Decision 2060/QD-BKHCN in 2023, the procedure for recording changes in information of an industrial property representation service organization is carried out as follows:
- Step 1: Submission of the file
The organization submits 01 set of documents requesting the recording of changes in information of an eligible industrial property representation service organization to the Intellectual Property Office.
- Step 2: Handling of the file
Within 20 days from the date of receipt of the file, the Intellectual Property Office reviews the file according to the following regulations:
- If the file is valid, the Intellectual Property Office issues a decision to record changes in information of the industrial property representation service organization; records it in the National Register of Industrial Property Representation and publishes it in the Industrial Property Bulletin, the Intellectual Property Office's electronic portal within 02 months from the date of the decision;
- If the file is invalid, the Intellectual Property Office notifies the shortcomings of the file and sets a deadline 01 month from the date of notification for the applicant to rectify the shortcomings;
- If the applicant does not rectify the shortcomings, or rectifies them unsuccessfully, the Intellectual Property Office issues a decision to refuse to record changes in information of the industrial property representation service organization, stating the reason for the refusal.
Methods of execution:
- Online via the administrative procedures 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 and charges:
- Dossier examination fee for requesting the recording of changes in information of an industrial property representation service organization: 250,000 VND.
- Fee for publishing the decision to record changes in information of an industrial property representation service organization: 150,000 VND.
- Fee for registering the decision to record changes in information of an industrial property representation service organization: 150,000 VND.
What are the requirements for performing the procedure for recording changes in information of an industrial property representation service organization?
According to the provisions in Section 31, Section A of the administrative procedure issued together with Decision 2060/QD-BKHCN in 2023, the requirements for performing the procedure for recording changes in information of an industrial property representation service organization are stated as follows:
There are changes in the information recorded in the National Register of Industrial Property Representation (including the full name, trade name, abbreviation, address of the organization, the field of industrial property representation service business, the full name, and the certificate number of the practicing industrial property representative within the organization).
Can an applicant for industrial property registration modify the industrial property representative?
Clause 1, Article 16 of Decree 65/2023/ND-CP stipulates the modification and supplementation of industrial property applications as follows:
Modification and supplementation of industrial property applications
1. Before the state management agency for industrial property rights issues a decision to reject the application, a decision to grant or refuse to grant a protection title, the applicant may:
a) Modify and supplement the documents in the application provided that the modification or supplementation does not expand the scope (volume) of protection disclosed in the description for patent applications, in the photographs, drawings, and description of industrial design disclosed in the photographs, drawings for industrial design applications, in the trademark template and the list of goods and services for trademark applications, and does not change the nature of the object stated in the application.
b) Modify the name, address, and country code of the applicant, the name, nationality, and address of the inventor, layout-design, industrial design creator; modify the industrial property representative.
…
Thus, the applicant for industrial property registration can modify the industrial property representative before the state management agency for industrial property rights issues a decision to reject the application, a decision to grant or refuse to grant a protection title.
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