Rights and obligations of intellectual property assessors in Vietnam

According to Clause 12 Article 1 of Decree No. 119/2010/NĐ-CP of Vietnam’s Government, rights and obligations of intellectual property assessors are amended and supplemented as follows:

- Rights:

+ To operate either independently or as a member of an intellectual property assessment organization;

+ To refuse to conduct assessment when related documents are insufficient or invalid for making an assessment conclusion;

+ To use examination results or professional conclusions or expert opinions in assessment activities;

+ Independent intellectual property assessors may 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.

- Obligations:

+ To compile assessment dossiers, to present themselves when summoned by assessment-soliciting agencies; to explain assessment conclusions when requested;

+ To preserve exhibits and documents related to cases of assessment;

+ To make independent assessment conclusions and take responsibility for these conclusions. In case they intentionally make wrong assessment conclusions, causing damage to concerned individuals and organizations, they shall pay damages;

+ To refuse to conduct assessment in case they have rights and interests related to assessed objects or cases of assessment or for other reasons which may affect the objectiveness of assessment conclusions;

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

+ To comply with regulations on assessment order and procedures;

+ Other obligations specified by law.

Thus, a notable obligation is that the intellectual property assessor must refuse to conduct assessment in case they have rights and interests related to assessed objects or cases of assessment or for other reasons which may affect the objectiveness of assessment conclusions.

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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