Services for applying for a practicing certificate as an industrial property representative

Article overview

Issuing a certificate to practice as an industrial property representative is a necessary condition for individuals or organizations to be able to carry out consulting and legal representation activities in the field of intellectual property. Having a certificate not only helps affirm reputation and professional capacity, but also ensures legality when working with customers and state agencies. This article will provide detailed information about the process of issuing this type of certificate.

 Apply for a practicing certificate as an industrial property representative
Apply for a practicing certificate as an industrial property representative

Conditions to be granted a certificate to practice industrial property representation services

Pursuant to Clause 2, Article 155 of the Law on Intellectual Property 2005 amended by Clause 61, Article 1 of the 2022 Amended Intellectual Property Law, subjects to be granted industrial property representative practice certificates must meet the following conditions :

  1. Be a Vietnamese citizen, have full civil act capacity;
  2. Permanent residence in Vietnam;
  3. Have a university diploma;
  4. Have directly worked on industrial property law continuously for five years or more or have directly appraised various types of industrial property registration applications at a national or international agency on industrial property Continuously graduated for five years or more or have graduated from an industrial property law training course recognized by a competent authority;
  5. Not a civil servant or employee working at a state agency with the authority to establish and ensure the enforcement of industrial property rights;
  6. Passed the examination on industrial property representation skills organized by a competent authority
Conditions for issuance of industrial property representative practice certificates
Conditions for issuance of industrial property representative practice certificates

Process of granting industrial property representative practice certificate

Certificate request documents

Pursuant to Point b, Clause 1, Article 64 of Decree 65/2023/ND-CP, the application file for issuance of Certificate of industrial property representation service practice includes 01 set of documents as follows:

  1. Application form requesting issuance of industrial property representation service practice certificate, follow Form No. 02 in Appendix V of Decree 65/2023/ND-CP.
  2. Copy of certificate of graduation from industrial property law training course and copy of lawyer card in case of application for a practicing certificate as prescribed in Clause 2a, Article 155 of the Law on Intellectual Property 2005 ( amended 2022) (present the original for comparison, unless the copy has been certified);
  3. 02 photos 3 x 4 (cm);
  4. Copy of ID card (present the original for comparison, unless the copy has been certified), except in the case where the declaration requesting issuance of industrial property representation service practice certificate already has information about Citizen Identification Number;
  5. Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights).

Procedures for granting industrial property representative practice certificates

Pursuant to Points a and c, Clause 1, Article 64 of Decree 65/2023/ND-CP, the application file for the issuance of a Practicing Certificate for industrial property representation services is approved by the state management agency in charge of industrial property rights. Processed in the following order:

Step 1: Submit application: The applicant requests a Certificate of industrial property representative practice according to the provisions of Clause 1, Article 64 of Decree 65/2023/ND-CP.

Step 2: Processing documents: Within 01 month from the date of receipt of documents, the state management agency on industrial property rights will process according to the following steps:

  1. In case the application is valid:
  • The agency will decide to issue a Practicing Certificate, clearly stating the information of the certificate holder (full name, date of birth, address, ID card/CCCD number, certificate number and field of practice).
  • Record the issuance of the Certificate in the National Register and publish it on the Electronic Information Portal and the Industrial Property Official Gazette within 02 months from the date of decision.
  1. In case the application is invalid:
  • The agency will notify deficiencies and request corrections within 1 month from the date of notification.

Step 3: Make a decision:

  • If the dossier is not corrected or the correction does not meet the requirements, the agency will issue a decision to refuse to issue the Certificate, clearly stating the reason for refusal.
Reissue of industrial property representative practice certificate
Reissue of industrial property representative practice certificate

Can a torn industrial property representative practice certificate be reissued?

According to Point a2, Clause 2, Article 64 of Decree 65/2023/ND-CP, the industrial property representation service practice certificate is lost, defective or damaged (torn, dirty, faded, etc.) up to Unusable levels will be reissued.

Dossier for re-issuance according to Point b, Clause 2, Article 64 of Decree 65/2023/ND-CP includes:

  1. Declaration to request re-issuance of industrial property representation service practice certificate, follow Form No. 04 in Appendix V of this Decree;
  2. 02 photos 3 x 4 (cm);
  3. Copy of ID card (present the original for comparison, unless the copy has been certified), except in the case where the declaration requesting re-issuance of industrial property representation service practice certificate already contains information. Information about Citizen Identification Number, for the cases specified in Point a1 of this Clause;
  4. Documents proving that the conditions for being granted an industrial property representation service practice certificate have been restored for the cases specified in Point a3 of this Clause;
  5. Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights).

Within the processing time limit according to Point c, Clause 2, Article 64 of Decree 65/2023/ND-CP, the application for re-issuance of the Industrial Property Representative Service Practicing Certificate will be approved by the state management agency in charge of property rights. processing within 01 month from the date of receipt of the dossier in the same order as the procedures for granting industrial property representation service practice certificate specified at Point c, Clause 1, Article 64 of Decree 65/2023/ND -CP.

Consulting services and support for applying for a practicing certificate as an industrial property representative in Long Phan

Long Phan provides comprehensive consulting and support services during the process of applying for an industrial property representative practice certificate. This service includes:

  • Provide detailed information about legal regulations related to applying for an industrial property representative practice certificate;
  • Support in preparing and completing certification applications;
  • Consulting on appraisal and facility preparation, helping customers ensure full conditions to apply for a certificate;
  • Monitor application processing progress;
  • Consulting solutions when registration documents are rejected;
  • Consulting on other related issues.

Applying for an industrial property representative practice certificate is a complicated process, requiring compliance with many legal regulations. Customers need to consider carefully and find out full information before implementing. For professional support in this process, please contact Long Phan via hotline 0906735386. We are ready to advise and accompany customers throughout the business development process.