Vietnam: Recording and deletion of names of industrial property representation service organizations

Recently, the Government of Vietnam issued Decree No. 122/2010/NĐ-CP amending and supplementing a number of articles of Decree No. 103/2006/NĐ-CP detailing and guiding a number of articles of the Law on Intellectual Property regarding industrial property.

Ghi nhận và xóa bỏ tổ chức kinh doanh dịch vụ đại diện sở hữu công nghiệp, Nghị định 122/2010/NĐ-CP

Decree No. 122/2010/NĐ-CP of Vietnam’s Government supplements certain contents on recording and deletion of names of organizations which fully satisfy the conditions for providing industrial property representation services, specifically as follows:

1. Recording organizations which fully satisfy the conditions for providing industrial property representation services

Organizations which fully satisfy the conditions specified in the Law on Intellectual Property shall be recorded as industrial property representation service organizations in the national register of industrial property representatives and published in the Industrial Properly Official Gazette at their request and after they pay prescribed fees and charges.

Industrial property representation service organizations include:

- Enterprises established and operating under the law on enterprises;

- Cooperatives and unions of cooperatives established and operating under the law on cooperatives;

- Law-practicing organizations established and operating under the law on lawyers, excluding subsidiaries of foreign law-practicing organizations, wholly foreign-owned limited liability law firms, and limited liability law firms in the form of joint ventures between Vietnamese law-practicing organizations and foreign law-practicing organizations;

- Scientific and technological service organizations established and operating under the law on science and technology.

Note:

Subsidiaries and other dependent units of organizations may only provide industrial property representation services in the name of their principals.

At-law representatives of industrial property representation service organizations or persons belonging to organizations authorized by these representatives to provide industrial property representation services must satisfy the conditions for provision of industrial property representation services.

2. Deletion of names of industrial property representation service organizations

An industrial property representation service organization has its name deleted from the national register of industrial property representatives and such deletion shall be published in the Industrial Property Official Gazette in the following cases:

- It terminates the provision of industrial property representation services:

- It no longer fully satisfies the conditions specified in the Law on Intellectual Property Law.

View more details at Decree No. 122/2010/NĐ-CP of Vietnam’s Government, effective from February 22, 2011.

Nguyen Phu

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