Vietnaam: Note some cases of authorization to handle industrial property violations

According to Circular No. 11/2015/TT-BKHCN of the Ministry of Science and Technology of Vietnam, if industrial property rights holders specified in Clause 1, Article 22 of  Decree No. 99/2013/NĐ-CP of Vietnam’s Government do not directly submit a request for handling of violations, they may authorize the head of representative office, branch, agent or industrial property representative in Vietnam to carry out procedures to request handling of violations of Decree No. 99/2013/NĐ-CP.

Specifically, when being attached to a written request for infringement handling, a power of attorney for requesting infringement handling must satisfy the conditions prescribed in Article 23 of Decree No. 99/2013/NĐ-CP, with attention paid to the following cases:

- In case the original power of attorney containing the authorization for carrying out procedures to protect industrial property rights has been filed in the previous dossier with the same infringement handling agency, the rights holder shall submit a copy of the power of attorney directing to the original.

- In case the original power of attorney containing the authorization for carrying out procedures to protect industrial property rights has been filed with the National Office of Intellectual Property or another competent agency, the rights holder shall submit a copy of the power of attorney certified by the agency keeping the original.

View more details at Circular No. 11/2015/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from August 11, 2015.

Thu Ba

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