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Opposing industrial property registration applications is a procedure taken to protect intellectual property. This process allows organizations, individuals and businesses to object to applications that may be intrusive. Using consulting and support services will help customers resolve issues related to objections to industrial property registration applications quickly and effectively.
According to Article 112a of the Law on Intellectual Property 2005, amended and supplemented in 2022, a third person has the right to object to the granting of a protection title within the following time limits:
The objection must be made before the date the National Office of Intellectual Property issues a decision to grant a protection title. Organizations and individuals have the right to object if they discover that the subject matter in the application does not meet the protection conditions or that the granting of a certificate will affect their legal rights.
This regulation helps shorten the application appraisal time and creates opportunities for related parties to protect their rights. However, it also requires businesses to proactively monitor application announcement information to promptly object within the prescribed time limit.
The Department of Intellectual Property under the Ministry of Science and Technology is the only agency with authority to receive, process and resolve objections to industrial property registration applications in Vietnam. Specifically:
A dossier of opposition to an industrial property registration application requires the following documents:
Number of documents: 01 (set).
All documents must be prepared in Vietnamese. Documents in other languages must be accompanied by a notarized translation into Vietnamese.
Reference content: Decision 3038/QD/BKHCN 2023.
The process of opposing an industrial property registration application includes the following steps:
Step 1: Receive application
Organizations and individuals submit 01 set of documents opposing the industrial property registration application to the National Office of Intellectual Property through one of the following forms:
Step 2: Assess the objection
Within 02 months from the date the National Office of Intellectual Property issued the above notice, if the objector does not send the National Office of Intellectual Property a copy of the Court’s notice of acceptance of the case, the National Office of Intellectual Property shall consider it as an objector. The objector withdraws his or her objection and continues to process the application as if there were no objection.
In case the National Office of Intellectual Property receives a copy of the notice of acceptance of the case from the Court of the objector within the above time limit, the National Office of Intellectual Property temporarily stops processing the application to wait for the results of the dispute resolution by the Court. Court. After receiving the Court’s resolution results, the processing of the application will be conducted in accordance with that result
Opposing an industrial property registration application is a complex legal procedure, requiring professional knowledge and practical experience. Long Phan provides professional consulting services on procedures for opposing industrial property registration applications, including:
Long Phan’s team has deep expertise and extensive experience in the field of intellectual property. We are committed to supporting customers in protecting their legal rights and interests during the process of opposing industrial property registration applications. Long Phan is ready to support customers throughout the entire process, from initial assessment to application submission and results tracking. For detailed advice, please contact us via Hotline: 0906735386.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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