Procedures for issuance of Certificate of industrial property appraisal organization

Certificate of industrial property appraisal organization not only helps businesses affirm their reputation with partners, customers, and regulatory agencies, but it also enhances brand value and increases the ability to participate in professional appraisal activities. At the same time, this certificate is also a tool to protect the legal rights of businesses in disputes related to industrial property. In the following article, Long Phan will learn with customers about the process of performing this procedure to have the best preparation.

Requirements and conditions to be granted a Certificate of industrial property appraisal organization

In order for an organization to be granted a Certificate of industrial property appraisal organization, that organization must meet the following conditions:

• Is an enterprise, cooperative, public service unit or law-practicing organization that is legally established and operates.
• There is at least one individual in the organization who owns an Intellectual Property Assessor Card.

If the organization meets these conditions, it will be allowed to perform intellectual property assessment activities, except in cases where foreign law-practicing organizations practicing in Vietnam are not allowed to conduct business services intellectual property assessment).

CSPL: Clause 1, Article 201 of the Law on Intellectual Property 2005 (amended and supplemented in 2022) and Clause 3, Section I, Circular 01/2008/TT-BKHCN (amended by Clause 3, Article 1, Circular 04/2012/TT -BKHCN).

What are the components of the dossier for issuance of a Certificate of industrial property appraisal organization?

Pursuant to Point b, Clause 2, Article 110 of Decree 65/2023/ND-CP, the application for a Certificate of industrial property appraisal organization includes:

• Declaration to request issuance of Certificate of industrial property appraisal organization, follow Form No. 05 in Appendix VI of this Decree;
• Copy of the recruitment decision or labor contract between the organization and the industrial property examiner working for the organization (present the original for comparison, unless the copy has been certified);
• Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the agency competent to handle this procedure).

Where to submit an application for a certificate of industrial property appraisal organization?

Organizations requesting a certificate of industrial property appraisal organization submit 01 set of documents at:

• State management agency for industrial property rights (Intellectual Property Department) for requests to public service units that are science and technology organizations registering science and technology activities at the Ministry Science and Technology.
• State management agency for industrial property in the locality (Provincial People’s Committee) for requests for organizations registering business or operating at the local competent state agency.

CSPL: Point a Clause 2 Article 110 Decree 65/2023/ND-CP.

Steps to apply for the latest Industrial Property Assessment Organization Certificate

According to Points a and c, Clause 2, Article 110 of Decree 65/2023/ND-CP, the process of applying for a Certificate of industrial property appraisal organization includes the following steps:

Step 1: The organization submits 01 application dossier for a Certificate of industrial property appraisal organization to the competent authority.

Step 2: Within 01 month from the date of receipt of the application, the state management agency for industrial property rights will review the application:

• If the application is valid: The competent authority will issue a decision to issue a Certificate, clearly stating information about the organization, list of assessors and expertise. This information will be published in the National Register, Industrial Property Official Gazette and on the Electronic Information Portal within 02 months from the date of decision.
• If the dossier is flawed: The agency will notify the organization of its intention to refuse to issue the Certificate, clearly stating the reason and giving the organization 1 month to amend or object. If the organization does not make corrections or makes unreasonable objections, the agency will issue a decision to refuse to issue the Certificate and clearly state the reason for refusal.

Consulting services and support for implementing procedures for issuance of Certificate of industrial property appraisal organization

Long Phan would like to introduce a consulting service to carry out procedures to re-issue the Certificate of Industrial Property Appraisal Organization as a full package, quickly, effectively and at a reasonable cost. Long Phan’s services include:

• Consulting on conditions for issuance of Certificates;
• Consulting and support in drafting necessary documents;
• Representing customers to submit documents and monitor the processing process;
• Monitor application processing progress and update information;
• Consulting and support in correcting and supplementing documents if the competent authority notices shortcomings or requests adjustments;
• Representatives work with management agencies to resolve issues that arise during application processing;
• Support for registration and publication of information on the Electronic Information Portal and the Industrial Property Official Gazette;
• Consulting on the legal obligations and responsibilities of the organization after being granted a Certificate.

Applying for a Certificate of industrial property appraisal organization requires compliance with legal regulations and the preparation of accurate and valid documents. Support from professional consulting services not only helps the process of submitting and processing documents quickly and smoothly, but also helps customers clearly understand their responsibilities and rights after receiving the Certificate. If you need further advice or support on procedures for reissuing the Certificate of industrial property assessment organization, please contact us via Hotline: 0906735386.