Notes on Intellectual Property Certificates in Vietnam

Patents, trademarks, and industrial designs are not only valuable assets but also milestones that determine the development and competitiveness of businesses. In the increasingly competitive market context, protecting and managing intellectual property certificates becomes extremely important. In this article, we will explore the procedures and important notes related to intellectual property certificates in Vietnam.

Intellectual Property Certificates:

1. Intellectual property certificates record the owner of patents, industrial designs, layout designs, trademarks; inventors of patents, industrial designs, layout designs; subjects, scope, and duration of protection.
2. Intellectual property certificates for geographical indications record the managing organization of geographical indications, protected geographical indications, the specific nature of products bearing geographical indications, the specific nature of geographical conditions and areas bearing geographical indications.
3. Intellectual property certificates include Exclusive Patent Certificate, Exclusive Utility Solution Certificate, Exclusive Industrial Design Certificate, Certificate of Registration of Integrated Circuit Layout Design, Certificate of Trademark Registration, and Certificate of Geographical Indication Registration.

Validity of Intellectual Property Certificates:

1. Intellectual property certificates are valid throughout the territory of Vietnam.
2. Exclusive patents are valid from the date of issuance and last for twenty years from the filing date.
3. Exclusive utility solution certificates are valid from the date of issuance and last for ten years from the filing date.
4. Exclusive industrial design certificates are valid from the date of issuance and last for five years from the filing date, renewable twice consecutively, each time for five years.
5. Certificates of registration of integrated circuit layout designs are valid from the date of issuance and expire on the earliest of the following dates: a) End of ten years from the filing date; b) End of ten years from the date the layout design is first commercially exploited by the right holder or by a person authorized by the right holder anywhere in the world; c) End of fifteen years from the date of creation of the layout design.
6. Certificates of trademark registration are valid from the date of issuance and last for ten years from the filing date, renewable multiple times, each time for ten years.
7. Certificates of geographical indication registration are valid indefinitely from the date of issuance.
8. International trademark registrations under the Madrid Agreement and Madrid Protocol designating Vietnam are effective from the date the national intellectual property office decides to grant protection for the trademark in that international registration, or from the day following the expiration of twelve months from the date the international bureau announces the designation of Vietnam, whichever is earlier. The duration of validity of international trademark registrations is calculated according to the provisions of the Madrid Agreement and Madrid Protocol.
9. International registrations of industrial designs under the Hague Agreement designating Vietnam are effective from the date the national intellectual property office decides to grant protection for the industrial design in that international registration, or from the day following the expiration of six months from the date the international bureau publishes the international registration of that industrial design, whichever is earlier. The duration of validity of international registrations of industrial designs is calculated according to the provisions of the Hague Agreement.

To maintain the validity of exclusive patents, exclusive utility solution certificates, the intellectual property certificate holders must pay fees, charges to maintain validity.

Furthermore, intellectual property certificates may be terminated, invalidated, or amended.

*** Other Articles***

– You could visit here to see the Trademark Registration in Vietnam.

– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.

– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.

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