Consulting on procedures for recognizing industrial property representatives

Article overview

Recognition of industrial property representatives opens up opportunities for businesses and individuals to protect and develop intellectual property in Vietnam. This process helps individuals enhance their position and create a competitive advantage in the market. Let’s explore with Long Phan the recognition process and the benefits that this procedure brings to you.

Instructions on procedures for recognizing industrial property representatives
Instructions on procedures for recognizing industrial property representatives

Industrial property representation services

Industrial property representatives play an important role in supporting individuals and organizations to protect their intellectual property rights.

Industrial property representation services are regulated in Article 151 of the Law on Intellectual Property 2005 (amended by the revised Law on Intellectual Property 2022). Accordingly, this service includes:

  • Representing organizations and individuals before competent state agencies on establishing and protecting industrial property rights.
  • Consulting on issues related to procedures for establishing and protecting industrial property rights.
  • Other services related to procedures for establishing and protecting industrial property rights.

However, industrial property representatives are not allowed to perform the following activities based on Clause 3, Article 152 of the Law on Intellectual Property 2005. Specifically, as follows:

  • At the same time, representing parties in dispute over industrial property rights.
  • Withdraw the application for a certificate of protection, declare the waiver of protection, and withdraw the complaint about establishing industrial property rights without the permission of the authorized representative.
  • Deceiving or coercing customers into entering into and performing industrial property representation service contracts.

Individuals and organizations need to pay attention to these limitations to ensure proper implementation of legal regulations during the process of industrial property representation.

Conditions for carrying out administrative procedures

Pursuant to the provisions of Clause 1, Article 155 of the Law on Intellectual Property 2005 (amended and supplemented by the revised Law on Intellectual Property 2022), two main conditions are set out to be recognized as an industrial property representative. :

  • First, must have a certificate to practice industrial property representation services;
  • Second, work for an industrial property representation service organization.

Meeting these two conditions simultaneously ensures that the industrial property representative not only has enough professional knowledge but is also supported by a professional organization, thereby improving the quality of property representation services industrial property.

Conditions to note before performing the procedure
Conditions to note before performing the procedure

Fees and charges for recording industrial property representatives

Pursuant to Circular 263/2016/TT-BTC, fees and charges for recording intellectual property representatives are determined as follows:

  • Fee: 250,000 VND Fee for appraisal of documents requesting recognition of industrial property representative;
  • Fee: 150,000 VND Fee for announcing the Decision to recognize an industrial property representative.

Procedures for recognizing industrial property representatives

Profile components

To carry out procedures for recording industrial property representatives. Individuals need to fully prepare all types of documents specified in Clause 2, Article 65 of Decree 65/2023/ND-CP. Specifically, including the following detailed documents:

  • Declaration requesting recognition of industrial property representatives according to Form No. 06 in Appendix V of Decree No. 65/2023/ND-CP.
  • Copy of the organization’s recruitment decision or labor contract for the holder of the Industrial Property Representation Service Practicing Certificate (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 Intellectual Property Department’s account).
  • Number of documents: 01 (set).

Implementation steps

The order of implementation is specified in Clause 2, Article 65 of Decree 65/2023/ND-CP and Decision No. 2060/QD-BKHCN. Accordingly, the process will be carried out through the following 3 main steps that individuals submitting applications should note:

Step 1: Submit application

The individual submits 01 sets of documents requesting recognition as an Industrial Property Representative to the National Office of Intellectual Property. Applications can be submitted through the following forms:

  • Online through the Administrative Procedures Processing System of the Ministry of Science and Technology;
  • Directly or via postal service to the headquarters of the National Office of Intellectual Property in Hanoi or the Department’s Representative Office in the city. Ho Chi Minh and Da Nang.

Step 2: Receive and 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:

Case 1. Valid documents

  • The National Office of Intellectual Property will issue a decision to recognize the Industrial Property Representative; recorded in the National Register of Industrial Property Representatives and published in the Industrial Property Official Gazette, the Electronic Information Portal of the National Office of Intellectual Property within 02 months from the date of decision;

Case 2. Invalid profile

  • 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;

Case 3: In case errors are not corrected or repairs are unsatisfactory:

  • 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 Industrial Property Representative, clearly stating the reason for refusal.
Procedures are carried out according to legal regulations
Procedures are carried out according to legal regulations

Consulting and guiding procedures for recognizing industrial property representatives in Long Phan

Recognizing Industrial Property Representatives is an important step in the process of protecting intellectual property rights in Vietnam. At Long Phan, we understand the importance of this process and are committed to supporting customers in carrying out the procedure effectively and professionally and providing optimal solutions for customers in all related issues. regarding industrial property.

Specifically, consulting and customer support services at Long Phan include:

  • Consulting and supporting procedures for recognizing industrial property representatives.
  • Evaluate conditions and advise on document preparation.
  • Support in drafting and submitting recognition documents.
  • Support explanations and additional documents when necessary.
  • Monitor the document processing process and return results to customers.

Recognizing Industrial Property Representatives is a strategic step in building and protecting brands. This process opens up opportunities to develop and build a reputation in the market to optimize the value of the business’s intellectual assets. If you need assistance with procedures for recording industrial property representatives, please contact Long Phan immediately via hotline: 0906735386 for advice and optimal support for the process of recognizing your industrial property representative.