Law Amending and Supplementing Law on Intellectual Property in 2009 of Vietnam: Intellectual property assessment

The Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2009 was issued on June 19, 2009. This Law has amended several articles of the Law on Intellectual Property 2005 of Vietnam, one of which is the regulation on intellectual property assessment.

Specifically, according to Clause 26 Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2009 amending Article 201 of the Law on Intellectual Property 2005 of Vietnam, intellectual property assessment is prescribed as follows:

- Intellectual property assessment means the use by organizations or individuals defined in Clauses 2 and 3 Article 201 of the Law on Intellectual Property 2005 of Vietnam of their professional knowledge and expertise to assess and make conclusion on matters related to intellectual property rights.

- Businesses, cooperatives, non-business units or law-practicing organizations, except foreign law-practicing organizations practicing in Vietnam which satisfy the following conditions may conduct intellectual property assessment:

+ Having personnel and physical-technical foundations meeting law-prescribed requirements on assessment operations:

+ Having the function of conducting intellectual property assessment as stated in their business registration certificates or operation registration certificates:

+ Their heads or persons authorized by their heads possess intellectual property assessor cards.

- Individuals who fully satisfy the following conditions may be granted intellectual property assessor cards by competent state agencies:

+ Being a Vietnamese citizen and having full civil act capacity:

+ Permanently residing in Vietnam:

+ Possessing good ethical qualities:

+ Possessing a university or higher degree in a profession relevant to domains in which an assessor card is applied for having conducted professional activities in these domains for five or more years and passed a professional assessment examination.

- State agencies competent to handle acts of infringing upon intellectual property rights may request intellectual property assessment when handling cases or matters they have accepted.

- Intellectual property right holders and other related organizations and individuals may request intellectual property assessment to protect their legitimate rights and interests.

- The Government shall specify intellectual property assessment organization and activities.

View more details at the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2009 effective from January 01, 2010, amending a number of articles of the Law on Intellectual Property 2005 of Vietnam.

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