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Intellectual -Property
Which cases are authorized to register industrial property?
Only an industrial property representation service organization that satisfies the specified conditions in this article may act as a service business.


According to Mrs. Truong My Thien (Ho Chi Minh City), the National Office of Intellectual Property of Vietnam recently issued notice No. 13822 / TB-SHTT on the application of regulations related to persons with legal status to sign documents with Nominal means the applicant's representative in the registration for establishment of industrial property rights and related procedures.

Accordingly, in case the applicant is a Vietnamese individual or a foreign individual permanently residing in Vietnam, the person whose capacity of authorized representative to carry out registration procedures for establishment of rights are individuals, organizations or industrial property representation service organizations (Point 3.2.a. (i) Circular No. 01/2007 / TT-BKHCN, Article 138 of the Civil Code).

Applicants, Vietnamese individuals or foreign individuals permanently residing in Vietnam may authorize  other individuals or organizations than industrial property representation service organizations to carry out registration procedures for establishment. permission.

However, according to Point a, Clause 1, Article 151 of the Intellectual Property Law, the "representation of organizations and individuals before competent State agencies in the establishment and enforcement of industrial property rights" belongs to scope of "industrial property representation services". And according to the provisions of Clause 3, Article 7 of Decree No. 99/2013 / ND-CP dated August 29, 2013 of the Government  on stipulating the sanction of administrative violations in the field of industrial property, the act  the industrial property agency fails to meet the practice conditions as prescribed by law", a fine of between VND 10,000,000 and 20,000,000 will be imposed (this fine is for individuals, the fine for organization is twofold).

ntptuong
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