Procedure for Granting Licenses for Industrial Property Representation Services: Regulatory Provisions
Legal Basis: 2005 Intellectual Property Law; Decree 103/2006/ND-CP; Circular 18/2011/TT-BKHCN; Circular 263/2016/TT-BTC; Circular No. 01/2007/TT-BKHCN.
1. Conditions:
- Be a Vietnamese citizen, with full civil capacity;
- Permanently reside in Vietnam;
- Hold a university degree;
- Have directly engaged in industrial property legal work continuously for five years or more, or have directly engaged in appraising various types of industrial property registration applications at national or international industrial property agencies continuously for five years or more, or have graduated from a legal training course on industrial property recognized by a competent authority;
- Not be officials and public employees currently working at the state agency with authority to establish and ensure the enforcement of industrial property rights;
- Have met the requirements in the professional examination of industrial property representation organized by the competent authority.
2. Application for issuance:
- 02 copies of the Application Form for the issuance of the practicing certificate for industrial property representation services (Practicing Certificate), according to Form 01-CCHN specified in Appendix E of Circular No. 01/2007/TT-BKHCN;
- A copy of the notification of meeting the requirements in the professional examination of industrial property representation organized by the Department of Intellectual Property;
- 02 photos 3x4 (cm);
- A copy of the Identity Card;
- A copy of the document proving the payment of fees and charges (in case of payment via postal services or direct deposit into the Department of Intellectual Property's account).
3. Issuance Process:
In case of a valid application, within 01 month from the date of receipt, based on consideration of the application, the Department of Intellectual Property shall decide on the issuance of the practicing certificate and grant the practicing certificate to the applicant; record the granting of the practicing certificate into the National Register on Industrial Property Representation; announce the issuance of the practicing certificate in the Industrial Property Official Gazette within 02 months from the decision date; or notify the deficiencies in the application and set a deadline of 01 month for the applicant to correct these deficiencies; or issue a notice of refusal to grant the practicing certificate, clearly stating the reasons for refusal if the applicant fails to correct the deficiencies/corrects the deficiencies improperly or the application is not valid.
4. Authority for Issuance:
Department of Intellectual Property;
5. Processing Time: 01 month from the date of application receipt;
6. Issuance Fee: 200,000 VND;
7. Validity of the Certificate: indefinite.
For information on conditions, standards, applications, procedures for obtaining other practicing certificates, please refer to: Check Practicing Certificate.
Sincerely!
