How is the Duration in Industrial Property Activities Calculated According to Decree 65/2023/ND-CP?
How is the Time Period in Industrial Property Activities Calculated According to Decree 65/2023/ND-CP?
Article 15 of Decree 65/2023/ND-CP stipulates the calculation of the time period in industrial property activities as follows:
- The calculation of the time period in industrial property activities is carried out according to the provisions on time limits in the Civil Code.
- The time limit for applicants and related parties to submit, amend, supplement documents, or make comments may be extended once by a period equivalent to the fixed time stated in the notification from the state management authority on industrial property rights, provided that the request for an extension is submitted before the end of the fixed time period and the extension fee is paid as prescribed.
- The time period does not include the time when a force majeure event or an objective obstacle occurs, causing an organization or individual with rights or obligations to be unable to exercise their rights or fulfill their obligations within the time limit if such organization or individual makes a request and provides valid evidence proving the situation. If the request is accepted, the state management authority on industrial property rights shall issue a decision and notification to revoke the issued decision and notification for the reason that the organization or individual did not exercise their rights and obligations within the time limit and restore the application processing procedure to the status as if the time period had not ended.
- A force majeure event is an occurrence that happens objectively and unforeseeably (e.g., natural disasters, hostilities, etc.) and cannot be overcome even though necessary measures and capabilities have been applied.
An objective obstacle is an obstacle caused by objective circumstances (e.g., illness, business trips, studying in a remote area, etc.) that prevents the right holder or obligor from knowing that their legal rights and interests are being infringed upon or from exercising their rights and obligations.
How is the Time Period in Industrial Property Activities Calculated According to Decree 65/2023/ND-CP? (Image from the Internet)
What are the Grounds and Procedures for Establishing Industrial Property Rights?
Article 10 of Decree 65/2023/ND-CP stipulates the grounds and procedures for establishing industrial property rights as follows:
- Industrial property rights for inventions, layout designs, industrial designs, trademarks, and geographical indications are established based on the decisions of the state management authority on industrial property rights to issue protection titles to applicants registering these subjects according to the provisions in Chapters VII, VIII, and IX of the Intellectual Property Law 2005 and Appendix I of Decree 65/2023/ND-CP.
- Industrial property rights for internationally registered trademarks under the Madrid Agreement and the Madrid Protocol are established based on the acceptance of protection by the state management authority on industrial property rights for such international registrations.
- Industrial property rights for industrial designs registered internationally under the Hague Agreement are established based on the acceptance of protection by the state management authority on industrial property rights for such international registrations.
- Industrial property rights for well-known trademarks are established based on the practical widespread use of the trademark according to the provisions in Article 75 of the Intellectual Property Law without the need for registration procedures. When exercising rights and resolving disputes over well-known trademarks, the trademark owner must prove their rights with evidence according to clause c, item 5, Article 91 of Decree 65/2023/ND-CP.
- Industrial property rights for trade names are established based on the legal use of the trade name corresponding to the region (territory) and business field without the need for registration procedures. When exercising rights and resolving disputes over trade names, the trade name holder must prove their rights with evidence according to clause b, item 5, Article 91 of Decree 65/2023/ND-CP.
- Industrial property rights for trade secrets are established based on financial, intellectual investment, or any lawful methods to discover, create or acquire information and keep the information confidential, thus forming the trade secrets without the need for registration procedures. When exercising rights and resolving disputes over trade secrets, the owner of the trade secrets must prove their rights with evidence according to clause a, item 5, Article 91 of Decree 65/2023/ND-CP.
- The right to prevent unfair competition is established based on the practical competition activities without the need for registration procedures at the state management authority on industrial property rights. When exercising the right to prevent unfair competition, the subject must prove their rights with evidence reflecting the object, field, territory, and business time relevant to the competition activities.
How are Industrial Property Rights Regulated by International Treaties?
Article 11 of Decree 65/2023/ND-CP stipulates industrial property rights regulated by international treaties as follows:
- In cases where international treaties related to industrial property, of which Vietnam is a member, provide for the recognition and protection of industrial property rights of organizations and individuals of member states under the provisions in Article 6 of the Intellectual Property Law 2005, the industrial property rights of organizations and individuals from other member states are recognized and protected in Vietnam.
Industrial property rights are protected within the scope and time period in accordance with the provisions of international treaties without the need for registration procedures as per the Intellectual Property Law 2005.
- The Ministry of Science and Technology shall publish all necessary information related to industrial property rights recognized and protected in Vietnam as per international treaties.
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