What are the duties and powers of the Intellectual Property Office of Viet Nam?

To which ministry does the Intellectual Property Office of Viet Nam belong? (Internet image)

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

1. To which ministry does the Intellectual Property Office of Viet Nam belong?

Article 1 of the Charter on Organization and Operation of the National Office of Intellectual Property issued with Decision 2525/QD-BKHCN in 2018 stipulates the position and functions of the National Office of Intellectual Property as follows:

- The Intellectual Property Office of Viet Nam is an organization under the Ministry of Science and Technology with the function of advising and assisting the Minister in unifying state management of intellectual property; directly managing the state, and organizing the implementation of public service activities on industrial property according to the provisions of law.

The National Office of Intellectual Property has an international transaction name in English: Intellectual Property Office of Viet Nam (abbreviated as IP Viet Nam).

- The Intellectual Property Office of Viet Nam has legal status, has its own seal, and is allowed to open local and foreign currency accounts at the State Treasury and Banks to operate and transact according to the provisions of the law.

The National Office of Intellectual Property has its headquarters located in Hanoi.

Thus, the Intellectual Property Office of Viet Nam belongs to the Ministry of Science and Technology.

2. What are the duties and powers of the Intellectual Property Office of Viet Nam?

The duties and powers of the Intellectual Property Office of Viet Nam include:

- Preside and coordinate with relevant agencies to develop and submit to the Minister of Science and Technology:

+ Draft legal documents on intellectual property;

+ Draft mechanisms, policies, and solutions to promote intellectual property activities;

+ Draft general programs and projects on intellectual property; coordinate measures between competent state agencies in the field of intellectual property;

+ Draft development strategies, planning, long-term, 5-year, annual plans, programs, schemes, and projects on industrial property.

- Guide, inspect, and organize the implementation of legal documents, mechanisms, policies, strategies, planning, plans, programs, and projects after being approved or issued by competent authorities.

- Issue according to authority, professional and professional guidance documents, internal documents, and other special documents under the management of the Department.

- Organize the establishment of industrial property rights, register industrial property transfer contracts, and carry out other procedures related to the Industrial Property Rights Protection Certificate according to the provisions of the law .

- Manage industrial property representation activities and industrial property appraisal activities nationwide:

+ Guide and inspect the compliance with legal regulations for industrial property representation activities and industrial property appraisal activities;

+ Organize inspection of industrial property representation and industrial property appraisal operations; issuance and revocation of industrial property representation service practice certificates and industrial property examiner cards;

+ Record and delete the name of the organization providing industrial property representation services; grant and revoke certificates for industrial property assessment organizations.

- Implement measures in the field of intellectual property to implement management and support and promote initiative and innovation activities nationwide in accordance with the provisions of law.

- Guide and inspect activities and compliance with legal regulations of associations in the field of industrial property as assigned by the Minister; propose measures to handle violations of intellectual property laws with competent state agencies; Organize consultations with associations to improve legal regulations and develop intellectual property activities.

- Build and manage an industrial property information database, build search tools, and guide the search and use of industrial property information; ensure access to information repositories for those who need information; Organize the provision of industrial property information to serve state management and professional activities, scientific research, technology development, innovation, production, and business; Publish information related to industrial property rights protected in Vietnam.

- Preside or coordinate with relevant agencies to implement measures to protect the legitimate interests of the State, organizations, and individuals in the field of industrial property.

- Resolve complaints and denunciations related to the establishment of industrial property rights for agencies, organizations, and individuals according to the provisions of law.

- Participate in resolving industrial property disputes and commercial disputes related to industrial property within jurisdiction according to the provisions of the law; provide professional opinions to resolve disputes and violations of industrial property laws.

- Preside and coordinate with relevant agencies to conduct propaganda, dissemination, education, and improve legal knowledge on intellectual property.

- Organize training and refresher courses; issue Certificates of completion of training and refresher courses on intellectual property; provide professional and professional guidance for management agencies, organizations, and individuals operating in the field of industrial property.

- Consulting on establishing, protecting, managing, and developing the value of industrial property rights according to the provisions of law; support the application and transfer of inventions to promote production and business development.

- Carry out international cooperation on industrial property according to the provisions of law; develop and participate in negotiations to sign, join, and organize the implementation of general international treaties on intellectual property; and propose the handling of national disputes related to intellectual property.

- Organize and manage the provision of public services in the field of industrial property according to the provisions of the law.

- Organize scientific research and statistics on industrial property.

- Synthesize, evaluate, and report to the Minister to report to the Government on the situation of intellectual property rights protection activities, propose specific policies and measures to improve the effectiveness of the intellectual property system, and ensure unified state management of intellectual property.

- Manage and organize the implementation of general investment and development programs on intellectual property and investment projects under the Intellectual Property Office of Viet Nam according to the provisions of law.

- Develop and organize the implementation of administrative reform plans in accordance with the Ministry's state administrative reform programs and plans.

- Collect, manage, and use fees, charges, and other service revenues in industrial property activities according to the provisions of law.

- Manage civil servants, public employees, employees, finances, assets, and documents of the Department according to the Ministry's decentralization and provisions of law.

- Perform other tasks assigned by the Minister.

(Article 2 of the Charter on Organization and Operation of the National Office of Intellectual Property issued together with Decision 2525/QD-BKHCN in 2018)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE