What are the documents for splitting industrial property registration applications at the central level in Vietnam?
What are the documents for splitting industrial property registration applications at the central level in Vietnam?
Pursuant to the provisions in Section 9, Section A, the administrative procedures issued with Decision 2060/QD-BKHCN in 2023 clearly state that the latest Documents for splitting industrial property registration applications at central level include:
- Applications for splitting industrial property registration applications at central level, including:
+ Declaration for registration of inventions, industrial designs, and trademarks according to Form No. 01, 07, 08, Appendix I, Decree 65/2023/ND-CP;
+ Explanation of the subject matter requested for protection and the content of changes compared to the original application when filing a split application;
+ Power of attorney (if applying through a representative);
+ Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department's account).
- Number of Applications for splitting industrial property registration applications at central level: 01 (set).
What are the documents for splitting industrial property registration applications at the central level in Vietnam?
What are the procedures for splitting industrial property registration applications at the Central level in Vietnam?
Pursuant to the provisions in Section 9, Section A, the administrative procedures issued with Decision 2060/QD-BKHCN in 2023 clearly state that the latest central-level procedures for splitting industrial property registration applications are implemented as follows:
- Step 1: Receive application
Organizations and individuals submit 01 set of documents requesting splitting industrial property registration applications to the National Office of Intellectual Property.
- Step 2: Process the application
+ The split application is given a new application number and is given the filing date of the original application or the priority date(s) of the original application.
+ In case the application has no errors, the split application is assessed by the National Office of Intellectual Property for form and continues to be processed according to the procedures not yet completed for the original application. The split application will be re-published if the split application is made after there has been a notice of acceptance of a valid application for the original application. The original application (after being split) continues to be processed according to the application processing procedure or according to the application amendment procedure.
+ In case the application has errors or is invalid, the National Office of Intellectual Property will issue a notice of intention to refuse to accept the division of the application, clearly stating the reasons for the requester to correct the errors or object. If the requester does not correct the errors or the correction is unsatisfactory, there is no objection or the objection is not valid, the National Office of Intellectual Property shall issue a notice refusing to accept the request to split the application.
To perform:
- Submit online via the Administrative Procedures Information System of the Ministry of Science and Technology.
- Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh city and Da Nang.
Requirements and conditions for implementing administrative procedures:
Before the National Office of Intellectual Property makes a decision to refuse to accept an application, decide to grant or refuse to grant a protection title, the applicant can split the application (separate one or several technical solutions in the patent application, one or several industrial designs in the industrial design application, part of the list of goods and services in the trademark registration application to one or more new applications).
How to establish industrial property rights in Vietnam?
Industrial property rights specified in Article 6 of the Law on Intellectual Property 2005 (amended and supplemented in Clause 1, Article 2 of the Law on amendments of Law on Insurance Business and Law on Intellectual Property 2019) are established as follows:
- Industrial property rights to inventions, industrial designs, layout designs and trademarks shall be granted on the basis of decisions on granting protection issued by competent authorities in accordance with registration procedures specified in this Law or on the basis of recognized international registration granted accordance with international agreement to which the Socialist Republic of Vietnam is a signatory.
Industrial property rights to well-known trademarks shall be granted on the basis of their use instead of registration.
Industrial property rights to geographical indications shall be granted on the basis of decisions on granting protection issued by competent authorities in accordance with registration procedures specified in this Law or international agreement to which the Socialist Republic of Vietnam is a signatory.
- Industrial property rights to a trade name shall be established on the basis of lawful use thereof;
- Industrial property rights to a trade secret shall be established on the basis of lawful acquirement of the trade secret and maintaining confidentiality thereof;
- The right to prevent unfair competition shall be established on the basis of competitive activities in business.
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