The issuance of industrial property examiner cards is carried out according to what order and procedures?
What is the procedure for issuing an industrial property examiner card?
Pursuant to the provisions of Article 109 Decree 65/2023/ND-CP on the procedures for issuing an industrial property examiner card, the process is carried out as follows:
Step 1: Submit an application for the issuance of an industrial property examiner card
Individuals meeting the following conditions shall submit a set of documents to the state management agency on industrial property rights:
- Be a Vietnamese citizen with full civil act capacity;- Permanently reside in Vietnam;- Have good ethical qualities;- Possess a university degree or higher in a field relevant to the area for which the card is being requested, have at least five years of practical experience in that field, and meet the professional inspection requirements for examination.
The application dossier for the issuance of an Industrial Property Examiner Card includes:
- Declaration form requesting the issuance of an Examiner Card, completed according to Form No. 02 in Appendix VI of this Decree;- Copy of Identity card (present the original for comparison, except in cases where the copy has been certified), unless the Declaration form already contains information about the Citizen Identification number;- 02 photos 3x4 (cm);- Copy of fee and charge payment receipt (in case of payment via postal service or direct deposit to the state management agency's account on industrial property rights).
Step 2: Review the dossier and issue the examiner card
Within 01 month from the date of receipt of the dossier, the state management agency on industrial property rights shall review the dossier according to the following regulations:
- If the dossier is valid, the state management agency on industrial property rights shall issue a decision to grant the Examiner Card, specifying the full name, date of birth, permanent address, Identity card/Citizen identification number, Examiner Card number, and the field of expertise of the cardholder.
Record the issuance of the Card in the National Register of Industrial Property Examination and announce it in the Industrial Property Gazette and on the electronic portal of that agency within 02 months from the date of the decision.
- If the dossier is invalid, the state management agency on industrial property rights shall issue a notice of the intended refusal to accept the dossier, stating the reasons and setting a time limit of 01 month from the date of the notice for the applicant to correct the deficiencies or provide objections.
If the time limit expires and the applicant does not correct the deficiencies or corrects them inadequately, fails to provide objections, or provides unreasonable objections, the state management agency on industrial property rights shall issue a decision to refuse to issue the Examiner Card, stating the reasons for the refusal;
- The Examiner Card is made according to Form No. 04 in Appendix VI of Decree 65/2023/ND-CP.
What is the procedure for issuing an industrial property examiner card? (Image from the internet)
Who has the right to request an examination of industrial property?
Clause 2 of Article 40 Decree 105/2006/ND-CP stipulates as follows:
Authority to request an intellectual property examination and the right to request an intellectual property examination
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2. Organizations and individuals with the right to request an intellectual property examination include:
a) Intellectual property rights holders;
b) Organizations and individuals who are requested to handle acts of infringement or are subject to complaints or denunciations regarding intellectual property;
c) Other organizations and individuals with rights and interests related to disputes, acts of infringement, complaints, or denunciations regarding intellectual property.
3. Organizations and individuals with the right to request an examination as prescribed in Clause 2 of this Article have the right to request by themselves or authorize other organizations or individuals to request intellectual property examination organizations or intellectual property examiners to conduct examinations.
Organizations and individuals with the right to request an examination of industrial property include:
- Intellectual property rights holders;- Organizations and individuals requested to handle acts of infringement or are subject to complaints or denunciations regarding intellectual property;- Other organizations and individuals with rights and interests related to disputes, acts of infringement, complaints, or denunciations regarding intellectual property.
*Note: Organizations and individuals with the right to request an examination of industrial property as mentioned above have the right to request by themselves or authorize other organizations or individuals to request intellectual property examination organizations or intellectual property examiners to conduct examinations.
What requirements must an individual meet to be issued an industrial property examiner card?
According to the provisions of point a, clause 1, Article 109 Decree 65/2023/ND-CP, the regulations are as follows:
Issuance, reissuance, and revocation of Industrial Property Examiner Cards
1. The state management agency on industrial property rights has the authority to issue, reissue, and revoke Industrial Property Examiner Cards, establish, and announce the List of industrial property examiners according to the procedures specified in clauses 2, 3, 4, and 5 of this Article.
2. The issuance of Industrial Property Examiner Cards is carried out as follows:
a) Individuals meeting the conditions stipulated in clause 3, Article 201 of the Intellectual Property Law shall be issued an Industrial Property Examiner Card by the state management agency on industrial property rights upon request and payment of the specified fees. The conditions for being issued an Industrial Property Examiner Card stipulated in clause 3, Article 201 of the Intellectual Property Law are understood as follows:
Clause 3, Article 201 of the Intellectual Property Law 2005, amended by clause 26, Article 1 of the amended Intellectual Property Law 2009, stipulates as follows:
Intellectual property examination
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3. Individuals meeting the following conditions shall be issued an Intellectual Property Examiner Card by the competent state authority:
a) Be a Vietnamese citizen with full civil act capacity;
b) Permanently reside in Vietnam;
c) Have good ethical qualities;
d) Possess a university degree or higher in a field relevant to the area for which the card is being requested, have at least five years of practical experience in that field, and meet the professional inspection requirements for examination.
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Thus, according to the above regulations, individuals meeting the following requirements and paying the specified fees will be issued an Industrial Property Examiner Card by the state management agency on industrial property rights:
- Be a Vietnamese citizen with full civil act capacity;- Permanently reside in Vietnam;- Have good ethical qualities;- Possess a university degree or higher in a field relevant to the area for which the card is being requested, have at least five years of practical experience in that field, and meet the professional inspection requirements for examination.
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