Legal Counselling

Vietnam: When shall the power of attorney for registration of industrial property take effect?

14:45, 05/07/2016

This is a notable content specified in Circular No. 16/2016/TT-BKHCN of the Ministry of Science and Technology of Vietnam on amendments to some articles of Circular No. 01/2007/TT-BKHCN providing guidelines for the Government’s Decree no. 103/2006/ND-CP elaborating and providing guidelines for some articles of the Law on Intellectual Property regarding industrial property amended in Circular No. 13/2010/TT-BKHCN, Circular No. 18/2011/TT-BKHCN and Circular No. 05/2013/TT-BKHCN.

According to Circular No. 16/2016/TT-BKHCN of the Ministry of Science and Technology of Vietnam, the date on which the power of attorney effects a transaction with the National Office of Intellectual Property (NOIP) shall be determined as follows:

- The date on which the NOIP receives a valid power of attorney;

- The date on which the NOIP receives a valid request for replacement of representative or re-authorization;

- The date on which the NOIP receives a request for adjustments to the information relating to the scope of authorization, premature termination of the power of attorney, change of the address of the authorized party;

- The power of attorney may be filed later than the filing date but not more than 01 month from the filing date. For the complaint, the abovementioned duration is 10 working days.

View more details at Circular No. 16/2016/TT-BKHCN of the Ministry of Science and Technology of Vietnam, effective from January 15, 2018.

- Thanh Lam -

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