Procedures for invalidating protection titles in Vietnam

Procedures for invalidating protection titles in Vietnam (Internet image) 

Regarding this issue, LawNet answers as follows:

Procedures for invalidating protection titles are prescribed in Decision 2060/QD-BKHCN 2023 announcing new, abolished administrative procedures in the field of intellectual property within the scope of management functions of the Ministry of Science and Technology, specifically as follows:

1. Dossier requesting invalidation of protection title

- Document components include:

+ Declaration of termination/cancellation of the certificate of protection of industrial property objects according to Form No. 08 in Appendix II of Decree 65/2023/ND-CP;

+ Evidence (if any);

+ Power of attorney (if applying through a representative);

  + An explanation of the reason for the request;

+ Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the Intellectual Property Department's account).

- Methods of submitting application:

+ Online through the information system for handling administrative procedures of the Ministry of Science and Technology;

+ Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.

2. Procedures for invalidating protection titles in Vietnam

- Step 1: Receive application

Organizations and individuals submit 01 set of dossiers requesting invalidation of industrial property protection titles to the National Office of Intellectual Property.

- Step 2: Processing the application:

In case the title owner himself requests to invalidate the protection title:

+ Check the formality and draw conclusions about the validity of the cancellation request;

+ Check the validity of the protection certificate that is requested to be canceled;

+ Issue a decision to invalidate the protection title at the request of the applicant.

In case the request to invalidate a protection title is made by a third person:

+ Check the evidence and reasons for requesting cancellation;

+ The National Office of Intellectual Property notifies the protection title holder in writing about the third person's opinion so that the title holder can have an opinion. The National Office of Intellectual Property can organize a direct exchange of opinions between a third person and the protection title holder;

+ Based on consideration of the opinions of the parties, the National Office of Intellectual Property issues a decision to partially/entirely cancel the validity of the protection title or notify the refusal to cancel the validity of the protection title.

+ The decision to invalidate the protection title is published in the Industrial Property Official Gazette and recorded in the National Register of Industrial Property within 02 months from the date of signing the decision.

3. Time limit for processing requests to invalidate protection titles in Vietnam

- In case the owner of the protection title requests cancellation, 15 working days from the date of receipt of the request.

- In case the third person requests cancellation: 03 months from the end of the 02-month period from the date the National Office of Intellectual Property notifies in writing the third person's opinion to the protection title holder without any response or from the date of receipt of the protection certificate owner's opinion. This period can be extended by a maximum of 03 months if the protection title owner has a different opinion than the owner of the request for cancellation.

- The time to carry out other related procedures necessary to resolve the request to invalidate the protection title is not included in the above time limit.

4. Fees and charges for requesting invalidation of protection titles in Vietnam

- Fee for requesting invalidation of protection certificate: 50,000 VND (per subject).

- Fee for appraisal of request to invalidate the protection certificate: 390,000 VND

- Registration fee for Decision to invalidate the protection title: 120,000 VND.

- Fee for announcing the Decision to invalidate the protection title: 120,000 VND.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE