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

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE