Rights and obligations of assessors of industrial property rights and rights to plant varieties in Vietnam

Rights of assessors of industrial property rights and rights to plant varieties in Vietnam

Pursuant to Clause 1, Article 106 of Decree 65/2023/ND-CP, assessors of industrial property rights and rights to plant varieties may:

- Refuse the assessment in case the relevant documents are insufficient, hold no value to draw an assessment conclusion, or are not subject to the assessment specialty prescribed in the assessor's card;

- Refuse to receive the assessment sample in case there is a risk of harm to health or the sample is too bulky to be stored;

- Use the assessment result, the professional conclusion, or suggestions from experts for the assessment;

- Request agencies, organizations, or individuals to provide information and documents concerning the subject of assessment for the assessment unless otherwise provided by law (regarding assessors of industrial property rights or rights to plant varieties operating independently);

- Exercise other rights as prescribed by laws.

Rights and obligations of assessors of industrial property rights and rights to plant varieties in Vietnam (Internet image)

Obligations of assessors of industrial property rights and rights to plant varieties in Vietnam

Pursuant to Clause 2, Article 106 of Decree 65/2023/ND-CP, assessors of industrial property rights and rights to plant varieties shall:

- Operate in compliance with the assessment specialty prescribed in the assessor’s card;

- Perform the assessment in compliance with Clause 4 Article 201 of the Law on Intellectual Property 2005;

- Prepare assessment documents and explain the assessment conclusion upon request from the petitioner for the assessment, organizations or individuals with related rights and benefits, or competent authorities;

- Preserve and store documents and samples concerning the assessment case as prescribed by laws;

- Independently draw the assessment conclusion and take responsibility for such a conclusion. In case of intentionally drawing a false conclusion that damages the concerned organizations or individuals, compensate for the damage;

- Refuse the assessment in case of having rights or benefits related to the subject of assessment, the assessment case, or other reasons affecting the objectivity of the assessment conclusion or in cases where the refusal is prescribed by other laws;

- Ensure the confidentiality of information and documents at the request of authorities, organizations, or individuals requesting the assessment and compensate for damage in case of disclosure of confidential information causing damage to the concerned authorities, organizations, or individuals;

- Take legal liability for acts of taking advantage of the role of assessor and the assessment for profiteering or intentionally drawing false assessment conclusions;

- Inform and report on the assessment activities every 6 months and every year in writing to state management authorities of industrial property rights and rights to plant varieties;

- Fulfill other obligations as prescribed by laws.

Forms of assessment activities of assessors of industrial property rights and rights to plant varieties in Vietnam

Pursuant to Article 105 of Decree 65/2023/ND-CP, the forms of assessment activities of assessors of industrial property rights and rights to plant varieties

- An assessor of industrial property rights or rights to plant varieties may operate under an assessment organization of industrial property rights or rights to plant varieties or conduct independent operations.

- Forms of activities of assessors shall be recorded to the list of assessors of industrial property rights and list of assessors of rights to plant varieties prescribed in Article 109 and Article 112 of Decree 65/2023/ND-CP.

- If assessors operate on behalf of assessment organizations of industrial property rights or rights to plant varieties, the information on such assessors shall be recorded to the list of assessors under organizations following the procedure for issuing certificates of assessment organizations.

Mai Thanh Loi

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