How to register an industrial property representative organization

Article overview

Industrial property representative organization plays a role in protecting and managing industrial property rights such as patents, trademarks, and industrial designs. To become a legal industrial property representative organization, certain conditions must be met. In the article below, we will specifically guide you on how to register an industrial property representative organization.

Register an industrial property representative organization
Register an industrial property representative organization

Conditions for doing business in industrial property representation services

According to the provisions of Article 154 of the Law on Intellectual Property 2005, amended and supplemented in 2022, conditions for business of industrial property representation services include:

  • Enterprises, cooperatives, law-practicing organizations, scientific and technological service organizations are established and operate according to the provisions of the law;
  • Have at least one individual with a Certificate to practice industrial property representation services;
  • To conduct business in industrial property representation services in the name of an industrial property representation service organization.

Note: Foreign law-practicing organizations practicing in Vietnam are not allowed to provide industrial property representation services.

Conditions for registering as an industrial property representative
Conditions for registering as an industrial property representative

Procedures for registration of industrial property representative organizations

Registration documents

Pursuant to Decision 2060/QD-BKHCN in 2023, implementation documents record that organizations are qualified to provide industrial property representation services, including:

  1. Declaration requesting recognition of industrial property representation service organization according to Form No. 05 in Appendix V of Decree No. 65/2023/ND-CP;
  2. Copy of the organization’s recruitment decision or labor contract for holders of the Industrial Property Representative Service Practicing Certificate;
  3. Copy of fee payment voucher (in case of payment of fees and charges via postal service or direct payment to the National Office of Intellectual Property account).

Number of documents: 01 (set).

Implementation process

The order of execution is as follows:

Step 1: Receive documents

The organization submits 01 set of documents requesting recognition as an organization qualified to provide industrial property representation services to the National Office of Intellectual Property.

Step 2: Process documents

Within 20 days from the date of receipt of the dossier, the National Office of Intellectual Property reviews the dossier according to the following regulations:

  • If the dossier is valid, the National Office of Intellectual Property shall issue a decision to recognize the organization as qualified to provide industrial property representation services; recorded in the National Register of Industrial Property Representatives and published in the Industrial Property Official Gazette;
  • In case the dossier is invalid, the National Office of Intellectual Property shall notify the dossier’s shortcomings and set a deadline of 01 month from the date of notification for the dossier to correct the shortcomings;
  • In case the applicant does not correct the errors or the errors are not corrected unsatisfactorily, the National Office of Intellectual Property shall issue a decision to refuse to recognize the organization as qualified to provide industrial property representation services, in that clearly states the reason for refusal.

Cost of registering an industrial property representative organization

Pursuant to Decision 2060/QD-BKHCN in 2023, the cost of registering an industrial property representative organization is determined as follows:

  • Fee for appraisal of application for recognition of industrial property representation service organization: 250,000 VND.
  • Fee for announcing the Decision to recognize an industrial property representation service organization: 150,000 VND.
  • Registration fee for Decision to recognize industrial property representation service organization: 150,000 VND.
Costs for registering an industrial property representative organization
Costs for registering an industrial property representative organization

Industrial property representative organization registration service in Long Phan

At Long Phan, with a team of consultants with many years of experience, we provide professional consulting services on procedures for registering industrial property representative organizations. Includes the following services:

  • Consulting on conditions and procedures to register an industrial property representative organization;
  • Instructions for preparing necessary dossiers and documents to carry out registration procedures;
  • Representative submits documents at the National Office of Intellectual Property;
  • Representative to amend and supplement documents if requested by competent authorities, and assist in explaining inappropriate content;
  • Consulting on handling issues that arise during the registration process, including cases where the application is not approved;
  • Consulting on other issues related to industrial property representation.

To receive support in implementing the registration procedures for industrial property representative organizations quickly and professionally, please contact Long Phan via the hotline: 0906735386. Our team of consultants will provide detailed advice and assist you in completing your registration application in the most effective way, ensuring full compliance with regulations.