Procedures for resolving complaints related to industrial property in Vietnam

Procedures for resolving complaints related to industrial property in Vietnam (Internet image)

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

Procedures for resolving complaints related to industrial property are guided in Decision 3038/QD-BKHCN 2023 as follows:

1. Complaint records related to industrial property in Vietnam

- The complaint is made according to the provisions of Clause 1, Article 3 of Decree 124/2020/ND-CP;

- A copy of the complained decision or notice of the National Office of Intellectual Property and a copy of the industrial property registration application that is the subject of that decision or notice (in case the applicant makes a second complaint); or documents indicating information about the above documents;

- Copy of the decision to resolve the first complaint (for the second complaint);

- Evidence (evidence or material evidence) used to prove and clarify the argument of the complaint. Additional evidence can be submitted within 1 month from the date of filing the complaint.

- Power of attorney (if applying through a representative).

2. Procedures for resolving complaints related to industrial property in Vietnam

- Step 1: Receive application

Organizations and individuals submit 01 set of documents requesting resolution of complaints related to industrial property procedures to the person competent to resolve complaints (as the Director of the National Office of Intellectual Property if it is a first-time complaint) or (as the Minister of Science and Technology if it is a second-time complaint).

- Step 2: Accept the complaint

Acceptance and resolution of complaints are carried out in accordance with the provisions of Article 27 of the Law on Complaints and Clause 1, Article 119a of the Law on Intellectual Property. Specifically, within 10 days from the date of receipt of the complaint, the person resolving the complaint must:

+ Issue a notice of non-acceptance of complaint resolution if the application falls into one of the cases in which the complaint cannot be accepted and resolved according to regulations, clearly stating the reason for refusal; or

+ Issue a notice of acceptance and resolution of complaints if the application does not fall into the cases in which complaints cannot be accepted and resolved according to regulations, recording the date of acceptance of the application and determining the search fee and/or appraisal fee in cases where re-evaluation is required to serve the resolution of complaints corresponding to the complaint content (if any) and setting a time limit of 01 month for the complainant to pay the fee.

+ If the complainant does not pay the appraisal fee in cases where re-evaluation is required to resolve the complaint according to the notice of acceptance of complaint resolution mentioned above, the complaint will be resolved on the basis of the documents in the file.

- Step 3: Resolve complaints

+ The person resolving the complaint shall notify in writing the content of the complaint to the relevant party and set a period of 01 month from the date of notification for that person to give their opinion (if any);

+ Relevant parties have the right to provide information and evidence to prove their arguments within the above time limit, and the person resolving the complaint is responsible for considering such information and evidence when resolving the complaint;

+ The person resolving the complaint shall notify in writing the content of the opinions of the relevant parties and set a period of 02 months from the date of notification for the complainant to respond to the opinions of the relevant parties;

+ If at the end of the set time limit, one party has no opinion, the complaint will be resolved on the basis of the documents contained in the complaint, including documents expressing the other party's opinion.

+ Based on the results of reviewing the complaint decision or notice, the complaint resolver shall issue a decision to resolve the complaint, which must contain the contents specified in Clause 2, Article 31 of the Law on Complaints.

- Step 4: Announce the decision:

The complaint settlement decision is published on the electronic information portal of the complaint settlement agency within 15 days and on the Industrial Property Official Gazette within 02 months from the date of signing the decision.

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