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Instructions on standard intellectual property complaint procedures
Intellectual property claims are an essential legal tool, protecting the legitimate rights and interests of intellectual property owners in Vietnam. This process allows individuals and organizations to protest decisions of the National Office of Intellectual Property on the registration and protection of industrial property rights. Mastering the complaint procedure helps applicants confidently protect their creative achievements. Long Phan’s following article will provide detailed instructions on the correct intellectual property complaint process.
Decisions and notices can be appealed
According to the provisions of Clause 2, Article 35 of Circular 23/2023/TT-BKHCN, decisions and notices of the Intellectual Property Office that can be appealed include:
- Notice of refusal to accept applications;
- Decision to accept valid application;
- Decision to refuse to accept the application;
- Notice of acceptance or rejection of requests to amend or supplement applications/convert applications/change applicants/withdraw applications;
- Decision to refuse to grant a protection certificate; Decision to grant a protection certificate;
- Decision to refuse to accept protection of internationally registered industrial designs; Decision to refuse to accept internationally registered trademark protection; Decision to accept protection of internationally registered industrial designs; and Decision to accept internationally registered trademark protection;
- Decision to grant duplicate protection title, decision to re-issue protection title; decision to refuse to grant a copy of the protection title, decision to refuse to reissue the protection title;
- Notice of maintaining the validity of the protection title, decision to refuse to maintain the validity of the protection title;
- Decision to extend the validity of the protection title, decision to refuse to extend the validity of the protection title;
- Decision to amend the protection title, decision to refuse a request to amend the protection title;
- Decision to terminate or cancel part or all of the validity of the protection title, notice of refusal to terminate/cancel the validity of the protection title;
- Decisions and notices on the handling of applications for termination or invalidation of international trademark registration; Decisions and notices on the handling of applications for termination or invalidation of international registration of industrial designs;
- Administrative decisions related to industrial property representation, industrial property appraisal, and transfer of industrial property rights;
- Decision to resolve the first complaint of the National Office of Intellectual Property;
- Decisions, notices and other acts that meet the conditions of being the subject of a complaint according to the provisions of law on complaints.
Note: Informational notices, such as appraisal results, notices of deficiencies, requests to amend documents, or notices of refusal to protect trademarks and industrial designs, are not administrative decisions and are not subject to complaints.
Statute of limitations for complaints
The statute of limitations for complaints is the period of time during which a rights holder can file a complaint. According to Article 9 and Article 33 of the Law on Complaints:
- First complaint: 90 days from receipt or knowledge of the administrative decision being appealed.
- Second-time complaint: 30 days from the expiration of the first complaint resolution deadline or from the receipt of the first settlement decision. In remote areas, the time can last up to 45 days.
In cases of force majeure (sickness, natural disasters), time does not count toward the statute of limitations, but there must be evidence to prove a legitimate reason.
Intellectual property complaint procedures
Prepared documents
Complaint documents need to be fully prepared with documents as prescribed in Article 36 of Circular 23/2023/TT-BKHCN, including:
- The complaint is made according to Clause 1, Article 3 of Decree No. 124/2020/ND, which fully states the information prescribed in Article 119a of the Law on Intellectual Property.
- A copy of the decision or complaint notice of the National Office of Intellectual Property and a copy of the registration application (for a second complaint) or related documents.
- Copy of decision to resolve the first complaint (for the second complaint).
- Evidence to support the complaint argument can be supplemented within 1 month.
- Power of attorney (if submitted through a representative).
Complaint steps
Pursuant to Article 38 of Circular 23/2023/TT-BKHCN, and Decision 3038/QD-BKHCN. The intellectual property complaint process will be carried out as follows:
Step 1: Receive application
- Organizations and individuals submit 01 set of documents requesting the resolution of complaints related to industrial property procedures.
- Complaints can be submitted directly or by post to the headquarters of the Intellectual Property Office in Hanoi or 2 representative offices of the Department in the city. Ho Chi Minh and Da Nang.
Step 2: Accept the complaint
- The agency receiving the application will check the application according to formal requirements (reason for complaint, the decision being complained about, the time limit for complaint, complainant, a person with related interests).
- And notify the complainant in writing about the acceptance/non-acceptance of the complaint (with reasons clearly stated).
Step 3: Resolve complaints
After receiving the complaint and resolving it, the Competent Authority must:
- Notify in writing the content of the complaint to people with related rights and interests and set a deadline for response.
- Inform the complainant and the relevant party about the other party’s arguments and evidence used to resolve the complaint as well as the conclusion of the complaint resolution.
- Making a decision to resolve the complaint: based on the arguments and evidence of the complainant and related parties, the National Office of Intellectual Property issues a decision to resolve the complaint.
- Decision announcement: The decision to resolve the complaint is published in the Industrial Property Official Gazette within 02 months from the date of signing the decision.
Consulting and supporting intellectual property complaint procedures according to professional standards at Long Phan
With a team of experts with many years of experience, Long Phan will help customers shorten resolution time, increase the success rate of complaints as well as commit to protecting information and customer rights throughout the process. Long Phan provides the following intellectual property complaint support consulting services:
- Advice on procedures regarding implementation steps, deadlines and forms of filing complaints.
- Assist in drafting complaints and accompanying documents in accordance with the law.
- Representing customers at meetings with authorities.
- Advise on complaint strategies and reasonable arguments to increase the likelihood of a successful complaint.
- Support customers in adding evidence and documents within the prescribed time limit.
- Monitor complaint progress and update customers on the status and progress of complaint resolution.
- Advise and guide customers on the next steps after receiving a decision to resolve the complaint.
Intellectual property claims are a legal right to protect your intellectual property. To make a successful complaint, you can use professional consulting units for support with this procedure. If you still have questions about complaints, please contact Long Phan immediately via the hotline 0906735386 for quick, effective advice and effective protection of intellectual property rights, contributing to promoting your creativity and business development.