Vietnam: In 2024, what are the rates of Industrial property fees and charges? Are the industrial property fees and charges eligible for reduction of 50%? What are the regulations on the collection of industrial property fees and charges?
- In 2024, what are the rates of Industrial property fees and charges in Vietnam? Are the industrial property fees and charges eligible for reduction of 50%?
- What are the regulations on the collection of industrial property fees and charges in Vietnam?
- What is the scope of industrial property rights in Vietnam?
- What are the rights of authors of inventions, industrial designs, and layout designs in Vietnam?
In 2024, what are the rates of Industrial property fees and charges in Vietnam? Are the industrial property fees and charges eligible for reduction of 50%?
Currently, according to the provisions of Article 4 of Circular 263/2016/TT-BTC amended by Clause 1 Article 1 of Circular 31/2020/TT-BTC, the rates of Industrial property fees and charges shall comply with the provisions of the Industrial property fee and charge schedule issued together with Circular 263/2016/TT-BTC.
In cases where an international treaty to which Vietnam is a signatory provides for industrial property rights-related fees different from the ones prescribed in Circular 263/2016/TT-BTC (except fees for international registration of marks under the Madrid Protocol in which Vietnam is designated as prescribed in Point 6.4 Section B of the Industrial property fee and charge schedule enclosed with Circular 263/2016/TT-BTC), the fees shall be paid according to that international treaty.
In Article 1 of Circular 44/2023/TT-BTC, from July 1, 2023, the industrial property fees are equal to 50% of the fee rates prescribed in Section A of the Industrial property fee and charge schedule enclosed with Circular 263/2016/TT-BTC.
However, in Clause 1 Article 2 of Circular 263/2016/TT-BTC:
Effect
1. This Circular takes effect from July 1, 2023 to December 31, 2023.
...
Thus, from January 1, 2024, industrial property fees and charges shall comply with the Industrial property fee and charge schedule issued together with Circular 263/2016/TT-BTC amended by Clause 3 Article 1 of Circular 31/2020/TT-BTC.
In addition, according to the provisions of Article 3 of Circular 63/2023/TT-BTC amending Article 4 of Circular 263/2016/TT-BTC, from January 01, 2024 to December 31, 2025 inclusive, the fees paid by an organization or individual submitting an online application for the protection of industrial property rights, including the following works, shall be 50% (fifty percent) of the fees prescribed in Section A of the Industrial property fee and charge schedule promulgated together with Circular 263/2016/TT-BTC:
+ Submission of the application for registration of protection of industrial property rights;
+ Issuance of protection certificates,
+ Issuance of certificates of registration of industrial property right assignment contracts;
+ Maintenance, extension, invalidation or annulment of certificates of industrial property right protection;
+ Issuance of industrial property representation service practicing certificates and declaration and registration of industrial property representative)
Download the Industrial property fee and charge schedule in 2024: here
What are the regulations on the collection of industrial property fees and charges in Vietnam?
Under the provisions of Article 7 of Circular 23/2023/TT-BKHCN, the collection of industrial property fees and charges in Vietnam is specified as follows:
+ When receiving an application or request for carrying out procedures requiring fees and charges, the National Office of Intellectual Property of Vietnam shall request the applicant to pay fees and charges as prescribed (make a receipt for the applicant).
+ When collecting fees and charges, the National Office of Intellectual Property of Vietnam shall make receipts for collection of fees and charges as documents for payment of fees and charges, clearly stating the collected amounts and rates of fees, and save them in the application to serve the appraisal of the application form.
+ In case of payment of fees and charges via postal services or payment via the account of the National Office of Intellectual Property of Vietnam, the collection of fees and charges shall be determined through copies of documents of payment of fees and charges in the application.
What is the scope of industrial property rights in Vietnam?
Under the provisions of Article 34 of Decree 65/2023/ND-CP, the scope of industrial property rights in Vietnam is specified as follows:
- The scope of the industrial property rights to an invention, industrial design, layout design, mark, or geographical indication is determined based on the scope of protection recorded in the National Industrial Design Register, International Register of Marks, and International Register of Industrial Designs or the protection title, certificate of international registration of the mark, or decision on the protection acceptance of the internationally registered industrial design.
- The scope of rights to a trade name is determined based on the scope of protection of the trade name, including the trade name, business field, and business territory where the trade name is used by the holder legally. The registration of the name of a business organization or individual in business procedures is not considered as using such the name but a condition for its use to be legal.
- The scope of rights to a business secret is determined based on the scope of protection of the business secret, including the collection of information forming the state secret arranged in an accurate and adequate order for extraction.
- Holders of industrial property rights shall receive rights and perform obligations under the protection scope with conditions prescribed in Articles 132, 133, 133a, 134, 135, 136, 136a, and 137 of the Law on Intellectual Property.
What are the rights of authors of inventions, industrial designs, and layout designs in Vietnam?
Under the provisions of Article 35 of Decree 65/2023/ND-CP, the rights of authors of inventions, industrial designs, and layout designs in Vietnam include:
- The moral rights of authors shall be protected indefinitely, including:
+ To be named as authors in invention patents, utility solution patents, industrial design patents or certificates of registered design of semi-conducting closed circuits;
+ To be acknowledged as authors in documents in which inventions, industrial designs or layout designs are published or introduced.
- Rights to receive remuneration of authors prescribed in Clause 3 Article 122 of the Law on Intellectual Property shall be protected throughout the protection period of inventions, industrial designs, and layout designs.
- If there is no other agreement between the owner and the author, the settlement of remuneration shall be performed within 30 days from the date the owner receives the payment of the transfer of use rights or within 90 days from the end date of the fiscal year if the remuneration of the author is determined according to Point a Clause 1 Article 135 of the Law on Intellectual Property.
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