Can State officials provide industrial property representation services in Vietnam?

Can State officials provide industrial property representation services in Vietnam? (Image from the Internet)

According to the provisions of Clause 17, Article 1 of the 2009 Law on Amending and Supplementing a Number of Articles of the Law on Intellectual Property, one of the conditions for industrial property representation service business is stipulated as follows:

Their heads or persons authorized by their heads must satisfy the conditions for industrial property representation service practice, specified in Clause 1, Article 155 of this Law.

According to the provisions of Clause 1, Article 155 of the Intellectual Property Law 2005, an individual who satisfies the following conditions shall be permitted to practice industrial property representation service:

 (a) Having an industrial property representation service practising certificate;

 (b) Working for one industrial property representation service organization.

From the above bases, if you want to do business in industrial property representation services, the head of the organization or the person authorized by the head must meet the conditions for practicing this business. Individuals are allowed to practice when they have a practicing certificate and operate for an industrial property representation service organization.

According to the provisions of Clause 2, Article 155 of the Intellectual Property Law 2005, any individual who satisfies the following conditions shall be granted an industrial property representation service practicing certificate:

- Being a Vietnamese citizen with full capacity for civil acts;

- Residing permanently in Vietnam;

- Having a university degree;

- Having been engaged personally in the domain of industrial property law for five consecutive years or more, or in the examination of assorted industrial property registration applications at national or international industrial property offices for five consecutive years or more, or having graduated from a training course on industrial property law recognized by the competent body;

- Not being an official working in the State body competent to establish and enforce industrial property rights;

- Having passed an examination on the industrial property representation profession organized by the competent body.

According to Point dd, the Practicing Certificate shall only be granted if the applicant is not an official or public employee currently working for a State agency authorized to establish and enforce industrial property rights. This means only officials and public employees who are working for state agencies authorized to establish and enforce industrial property rights are not eligible for the Practicing Certificate. Other officials and public employees who meet all the other conditions will be granted the Practicing Certificate.

Therefore, State officials and public employees can still practice industrial property representation services.

Best regards!