IP Office in Vietnam continues to extend the deadline for applicants due to the raging fourth wave of the Covid-19 pandemicAAA IPRIGHT2
Due to the raging fourth wave of the Covid-19 pandemic, IP Vietnam issued Notice No. 8181/TB-SHTT (“Notice 8181”) on 9 September 2021 granting further deadline extensions for IP applicants.
Previously, on the article IP Office in Vietnam extends deadlines due to the drastic impacts from the fourth wave of the Covid-19 crisis, the National Office of Intellectual Property issued Notice No. 7581/TB-SHTT. According to the notice, the procedures related to the establishment of industrial property rights at the NOIP with a deadline that must be performed in the period from June 30, 2021, to the end of August 31, 2021, are automatically extended until the end of September 30, 2021.
However, up to now, the acute respiratory infection caused by a new strain of Coronavirus (Covid-19 epidemic) continues to seriously affect all aspects of socio-economic life in general and the establishment of industrial property rights in particular. Accordingly, in order to minimize the disadvantages caused by the Covid-19 epidemic to applicants in the procedures for establishing industrial property rights, the NOIP would like to inform as follows:
“All procedures related to the establishment of industrial property rights (such as requesting priority rights, supplementing documents, responding to decisions/notifications of the Department, maintaining and extending the validity of protection titles, payment of fees, charges, filing complaints) due in the period from June 30, 2021, to the end of October 31, 2021, is automatically extended until the end of November 30, 2021.
For other cases, if the applicant is affected by the Covid-19 epidemic on the exercise of their rights and obligations in the procedures for establishing industrial property rights at the National Office of Intellectual Property, they have the right to request the application of regulations on objective obstacles and force majeure events at Points 9.4 and 9.5 of Circular No. 01/2007/TT-BKHCN, as amended and supplemented in accordance with Circular No. 16/2016/TT-BKHCN.
In the course of implementation, if any problems arise, please report them to the National Office of Intellectual Property for guidance.”
The full content of Notice No. 8181/TB-SHTT can be found here.
Further extending the deadline for applicants due to the raging fourth wave of the Covid-19 pandemic
Based on Notice 8181, the scope of deadline extensions can be understood to cover priority claims, submissions of documents, responses to notices/decisions, annuity and renewal payments, filings of appeals, and payment of fees.
As a matter of practice, IP Vietnam will apply Notice 8181 to all actions relating to intellectual property rights including, but not limited to, filings of requests for invalidation/cancellation, filings of responses to office actions in post-grant procedures, and filings of patent and industrial design applications.
It should be noted that some of Notice 7581 remain effective with the issuance of Notice 8181. In particular, procedures without particular deadlines or deadlines not falling within the provided period (i.e., 30 June 2021 and 31 October 2021) may enjoy extension by application of Force Majeure if the rightsholder has been affected by the outbreak of Covid-19 and provides clear evidence proving that they have, indeed, been damaged by the Covid-19 crisis and can’t function as normal although they have tried every possible method.
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