Rights and obligations of intellectual property assessment organizations in Vietnam

Recently, the Government of Vietnam has issued Decree No. 119/2010/NĐ-CP amending and supplementing a number of articles of Decree No. 105/2006/NĐ-CP detailing and guiding a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property.

Quyền và nghĩa vụ tổ chức giám định, Nghị định 119/2010/NĐ-CP

According to Clause 11 Article 1 of Decree No. 119/2010/NĐ-CP of Vietnam’s Government, rights and obligations of intellectual property assessment organizations are specified as follows:

- Intellectual property assessment organizations have the following rights:

+ To hire intellectual property assessors to conduct assessment on a case-by-case basis;

+ To request agencies, organizations and individuals to provide information and documents related to assessed objects for assessment purposes, unless otherwise provided by law;

+ Other rights provided by law.

- Intellectual property assessment organizations have the following obligations:

+ To operate only in areas indicated in their business registration certificates or operation registration certificates;

+ To preserve and archive documents and dossiers related to cases of assessment;

+ To keep confidential information and documents at the request of agencies, organizations and individuals that request or solicit the assessment, and to pay compensations for any damage caused to concerned agencies, organizations and individuals;

+ Other obligations specified by law.

Thus, in order to serve the assessment work well, intellectual property assessment organizations have the right to request agencies, organizations and individuals to provide necessary information and documents for assessment. However, they are obliged to preserve and keep this information and documents absolutely confidential.

View more details at: Decree No. 119/2010/NĐ-CP of Vietnam’s Government takes effect from February 20, 2011.

Nguyen Phu

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