The National Office of Intellectual Property of Vietnam announced a relaxation of the formality requirements 

The National Office of Intellectual Property of Vietnam announced a relaxation of the formality requirements, a relaxation of the formality requirements, The need to improve the IP system in Vietnam, Notice No. 13822/TB-SHTT, Notice No. 6959/TB-SHTT

The National Office of Intellectual Property of Vietnam announced a relaxation of the formality requirements 

On July 14, 2021, the Vietnam National Office of Intellectual Property (NOIP) issued Notice No. 6959/TB-SHTT (“Notice 6959”) as a guide to Notice No. 13822/TB-SHTT (Notice No. “Notice 13822”) issued on November 23, 2020, regarding the requirements of the signer of the document. In particular, Notice 6959 relaxes formality requirements for signatories for documents submitted to NOIP in response to the COVID-19 pandemic

The need to improve the IP system in Vietnam

Notice 6959 applies to both Vietnamese and foreign applicants/intellectual property owners or organizations seeking to establish their intellectual property (IP) rights in Vietnam.

Notice 6959 brings many positive changes to the IP system in Vietnam and also supports applicants and IP owners in many ways.

In difficult times due to the drastic impacts of the Covid-19 in Vietnam in particular and in worldwide in general, the regulations in Notice 13822 have added unnecessary paperwork and increased applicant workload. Accordingly, the world calls for an improvement, and hence, Notice 6959 was issued.

The National Office of Intellectual Property of Vietnam announced a relaxation of the formality requirements

According to Notice 13822, if the person signing the document submitted to VNIPO is not the legal representative of the applicant, the applicant must provide evidence proving the authority or authorization of the signatory or the document. If such documents were signed by otherwise authorized representatives, they must be supported by notarised and legalized documentation evidencing that the signatory is duly authorized to sign such documents.

With the issuance of Notice 6959, NOIP no longer requires such proofs or notarization/legalization procedures. Accordingly, the signatories who sign documents to be submitted during the establishment of rights only need to confirm their legal status to represent the applicant through the signature and seal of the company (if applicable).

The signatories (legal or authorized representatives) must take full responsibility and liability for the honesty and the correctness of the provided information. However, execution by those with general titles such as authorized representative, authorized counsel/lawyer will still not be accepted. The NOIP will only accept execution by individuals with special titles such as Vice President, Head of Legal Department, Manager, General Counsel, etc.

Nevertheless, NOIP emphasizes that these signatories will bear all liability for the accuracy of information provided to NOIP and will be responsible for any consequences arising from incorrect submissions or untrue information.

Notice No. 6959 is effective July 14, 2021, and applies retroactively to proceedings commenced before that date.

Note:

Although Notice 6959 seems to have many benefits and will greatly improve and enhance the IP system of Vietnam during this difficult time, however, since the notice only applies to rights establishment proceedings, it is unclear whether all procedures, including post-registration and assignment of rights proceedings, would benefit from processing in the same manner or not. 

Related departments of NOIP are discussing these outstanding issues to come to a final unified approach.

*** 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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