Regulations on industrial property representation services in Vietnam
To be licensed to practice industrial property representation services in Vietnam, organizations need to meet the conditions specified in the Law on Intellectual Property of Vietnam. So, what are the necessary conditions for conducting industrial property representation services in Vietnam?
According to the provisions of Article 154 of the consolidated document 07/VBHN-VPQH 2019 on the consolidation of the Intellectual Property Law of Vietnam, an industrial property representation service business organization needs to meet the following conditions:
- Being an enterprise, cooperative, law-practicing organization, science and technology service organization established and operating in accordance with the law, excluding foreign law-practicing organizations in Vietnam;
- Having the function of providing industrial property representation services as recorded in the Business Registration Certificate or Operation Registration Certificate;
- The head of the organization or the person authorized by the head of the organization must satisfy the conditions for industrial property representation service practice prescribed in Clause 1, Article 155 of the Vietnam Intellectual Property Law.
Conditions for industrial property representation service practice
According to Article 154 of the consolidated document 07/VBHN-VPQH 2019 consolidating the Intellectual Property Law of Vietnam, the conditions for practicing industrial property representation services in Vietnam for individuals are:
a) Possessing an industrial property representation service practice certificate;
b) Working for an industrial property representation service organization.
In particular, an industrial property representation service practice certificate will be granted to an individual if the individual:
a) Being a Vietnamese citizen with full civil act capacity;
b) Permanently reside in Vietnam;
c) Having a university diploma;
d) Having directly worked in industrial property law for 5 consecutive years or more or directly appraised various types of industrial property registration applications at a national or international agency in charge of IP rights; industrial property owner continuously for 5 years or more or has graduated from an industrial property law training course recognized by a competent authority;
dd) Not being civil servants or public employees working at state agencies competent to establish and ensure the enforcement of industrial property rights;
e) Having passed the examination on industrial property representation held by a competent authority.
The industrial property law training program, the professional examination of industrial property representation, and the granting of industrial property representation service practice certificates will be specified by the Vietnamese government.
Revocation of industrial property representation service practice certificate in Vietnam
If an individual or organization practicing industrial property representation services in Vietnam violates the prohibitions as prescribed by law or is no longer qualified to practice industrial property representation services in Vietnam, that individual or organization will have their industrial property representation service practice certificate revoked in Vietnam.
If an individual or organization satisfies the conditions for providing industrial property representation services and practicing industrial property representation services, they will be authorized by the state management agency in charge of IP rights, recorded in the National Register of Industrial Property Representatives and published in the Industrial Property Official Gazette of Vietnam at the request of such organizations or individuals.
However, after being granted an industrial property representation service practice certificate in Vietnam, a practicing individual or organization may also have its license revoked if one of the following cases happens:
- In case there are grounds to confirm that the industrial property representative no longer meets the business and practice conditions specified in Articles 154 and 155 of the Intellectual Property Law: In this case, the management agency in charge of industrial property rights shall delete the name of such industrial property representative from the National Register of Industrial Property and publish it in the Industrial Property Official Gazette.
- In case an industrial property representation service organization violates the provisions of Clause 3, Article 152 and Article 153 of the Intellectual Property Law of Vietnam: Depending on the seriousness of the violation, the infringing individual or organization will be handled in accordance with the law.
- In case the industrial property representative commits professional violations while practicing or violates the provisions of Point c, Clause 3, Article 152 and Point a, Clause 1, Article 153 of the Intellectual Property Law of Vietnam: Depending on the nature and seriousness of the violation, violators may be warned, fined, or revoked their industrial property representation service practice certificate.
*** 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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