National register of industrial property and industrial property representatives in Vietnam

National register of industrial property and industrial property representatives in Vietnam
Nguyễn Thị Diễm My

What are the regulations on the national register of industrial property and industrial property representatives in Vietnam? – Thanh Thuy (Ninh Thuan)

National register of industrial property, industrial property representatives in Vietnam
National register of industrial property, industrial property representatives in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. National register of industrial property in Vietnam

The national register of industrial property is established in accordance with the following regulations:

- The national register of industrial property is the official, public database of the State, showing full information about the legal status of established industrial property rights. The national register of industrial property includes the following types:

(i) National register of inventions;

(ii) National register of utility solutions;

(iii) National register of industrial designs;

(iv) National register of semiconductor integrated circuit layout designs;

(v) National register of trademarks;

(vi) National register of geographical indications.

- For industrial property objects registered according to national procedures, the National Register specified in Point a of this Clause includes entries corresponding to each protection title; each entry includes:

(i) Information about the protection certificate: number and date of grant of the protection certificate; name of protected object; scope/volume of protection; validity period; name and address of the protection title holder/geographical indication registrant; geographical indication management organization; name and nationality of the author of the invention; layout design; industrial design;

(ii) Information about the application for a protection title (application number, filing date, priority date of the application, name of industrial property representatives service organization (if any));

(iii) Any amendments related to information on amendments to protection titles, status of validity of protection titles (maintenance of validity, extension of validity, termination of validity, cancellation of validity); transfer of ownership and use rights of industrial property; number of reissues, date of reissue, issuance of copies, number of copies (to which joint owner), date of issuance of copies, change of industrial property representatives service organization (if any), etc.

- For trademarks and industrial designs accepted for protection according to international registration procedures, in the Internationally Registered Trademarks Section and Internationally Registered Industrial Designs Section in the respective National Registers specified in item (iii) and item (v) of Point a of this Clause include the following items:

(i) Information about protection status: decision number, date of decision or date of acceptance of protection; name of protected object, scope of protection, validity period; name and address of the protection title holder; name and nationality of the author of the industrial design;

(ii) Information about the application for a protection title (application number, filing date, priority date of the application, name of industrial property representatives service organization (if any));

- For geographical indications accepted for protection under international treaties, the International Geographical Indications section in the National Register specified in item (vi) point a of this Clause includes the following items:

(i) Information on protection status: name of international treaty, effective date of international treaty, or date of acceptance of geographical indication protection under international treaty; protected geographical indications; scope/volume of protection; name and address of the geographical indication management organization;

(ii) Information on dossiers and documents related to geographical indications requested for protection (international treaties, international agreements on protection, databases related to geographical indications requiring protection (if any));

(iii) Any amendments related to the legal status of protected geographical indications: validity status, scope/volume of protection, transfer of management rights, etc.

2. National register of industrial property representatives in Vietnam

The national register of industrial property representatives includes entries corresponding to each industrial property representative service organization, specifically:

(i) Information about industrial property representatives service organizations (full name, transaction name, address, recording, deleting names, modifying information about industrial property representatives service organizations);

(ii) Information about the organization's list of industrial property representatives (full name, permanent address, and practice certificate number of each member on the list);

(iii) Information on changes to the list of industrial property representatives (new issuance, re-issuance, revocation of practice certificates, deletion of names, etc.).

The above national registers are prepared and maintained by the National Office of Intellectual Property in paper or electronic form. Any person can look up the electronic register (if any) or request the National Office of Intellectual Property to issue a copy or an extract of the register with the condition that a service fee for issuing copies or extracts of the registration book must be paid.

Legal basis: Article 32 of Circular 23/2023/TT-BKHCN

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