Instructions for procedures for recognition of industrial property representatives

Procedures for recognition of industrial property representatives is an important legal process in the field of intellectual property in Vietnam. This process identifies individuals authorized to represent the business in matters related to industrial property. Using professional support and consulting services will ensure legality and professionalism in industrial property representation activities in accordance with the provisions of law.

What is an industrial property representative?

An industrial property representative is an individual authorized to perform activities related to industrial property for organizations and individuals. According to Clause 2, Article 151, Law on Intellectual Property 2005, amended and supplemented in 2009 and 2022, industrial property representatives include:

• Organizations providing industrial property representation services (hereinafter referred to as industrial property representation service organizations)
• Individuals practicing as industrial property representatives in that organization (hereinafter referred to as industrial property representatives)

To become an industrial property representative, an individual needs a Certificate to practice industrial property representation services. This certificate is issued by the National Office of Intellectual Property after the individual meets the requirements for professional qualifications and experience.

Industrial property representatives play an important role in protecting the interests of businesses, organizations and individuals in the field of intellectual property. They carry out procedures for registration, renewal and protection of industrial property rights before competent state agencies.

Competent authority to handle procedures for recognition of industrial property representatives

The Department of Intellectual Property, under the Ministry of Science and Technology, is the only agency with authority to handle procedures for recognizing industrial property representatives in Vietnam. Based on List No. 29, Decision No. 2060/QD-BKHCN in 2023 officially announced this administrative procedure.

The Intellectual Property Office has its headquarters in Hanoi and representative offices in Ho Chi Minh City and Da Nang. Organizations and individuals can submit applications directly at these locations or through the online system of the Ministry of Science and Technology.

The National Office of Intellectual Property is responsible for receiving, reviewing dossiers and making decisions to recognize or refuse to recognize Industrial Property Representatives. This process is carried out in accordance with the provisions of the Intellectual Property Law and its guiding documents.

Procedures for recognition of industrial property representatives

Profile components

Records of industrial property representative include the following documents:

• Declaration requesting recognition of industrial property representative according to Form No. 06 in Appendix V of Decree 65/2023/ND-CP. This form must be filled out completely and with accurate information.
• Copy of the organization’s recruitment decision or labor contract for people with a Certificate of Industrial Property Representative Services Practice Certificate. This copy needs to be presented as the original for comparison, unless the copy has been certified.
• Copy of fee payment voucher (if any). This applies in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property.

The number of documents needed to submit is 01 set. Full and accurate preparation of these documents will help the approval process go faster and more effectively.

Reference content: Clause 1, Article 65, Decree 65/2023/ND-CP.

Implementation procedures

The process of implementing procedures for recognizing industrial property representatives is divided into specific steps as follows:

Step 1: Receiving dossiers Individuals or organizations submit 01 set of dossiers requesting recognition of industrial property representatives to the National Office of Intellectual Property. Applications can be made in one of the following ways:

• Online through the Administrative Procedures Processing System of the Ministry of Science and Technology.
• Directly at the headquarters of the National Office of Intellectual Property in Hanoi or representative offices in the city. Ho Chi Minh and Da Nang.
• Via postal service to the above locations.

Step 2: Processing dossiers Within 20 days from the date of receiving the dossier, the National Office of Intellectual Property will review the dossier according to regulations. The processing result can be one of the following cases:

• If the application is valid: the National Office of Intellectual Property issues a decision to recognize the Industrial Property Representative. This decision will be recorded in the National Register of Industrial Property Representatives and published in the Industrial Property Official Gazette and the Electronic Information Portal of the National Office of Intellectual Property within 02 months from the date of publication. make a decision.
• If the dossier is invalid: the National Office of Intellectual Property will notify the dossier’s shortcomings and set a deadline of 01 month from the date of notification for the applicant to correct the shortcomings.
• If the applicant does not correct errors or the correction is unsatisfactory: the National Office of Intellectual Property will issue a decision to refuse to recognize the Industrial Property Representative, clearly stating the reason for refusal.

Reference content: Clause 2, Article 65, Decree 65/2023/ND-CP.

Time limit for resolving the recognition of industrial property representatives

The time limit for resolving the recognition of industrial property representatives is specifically stipulated in Decision No. 2060/QD-BKHCN and Decree 65/2023/ND-CP. Accordingly, the time limit for processing the application is 20 days from the date the National Office of Intellectual Property receives a valid application.

In case the dossier needs to be supplemented or amended, the National Office of Intellectual Property will notify the applicant within 01 month from the date of receipt of the dossier. The applicant has 1 month to correct the identified deficiencies.

If the application is valid and approved, the National Office of Intellectual Property will issue a decision to recognize the Industrial Property Representative. This decision will be published in the Industrial Property Official Gazette and the Electronic Information Portal of the National Office of Intellectual Property within 02 months from the date of decision.

Complying with these deadlines helps ensure applicants’ rights and maintain efficiency in the application process.

Reference content: Clause 2, Article 65, Decree 65/2023/ND-CP.

Consulting services and support for recognition of industrial property representatives

The procedure for recognizing industrial property representatives is an important step in protecting intellectual property rights of businesses and individuals in Vietnam. Customers can seek support and advice from licensed industrial property representative services to carry out procedures for recording industrial property representatives in Long Phan.

The services we provide include:.

• Instructions for filling out declarations and preparing necessary documents according to legal regulations help minimize risks and speed up the processing process.
• Representing customers in the process of contacting the Intellectual Property Office, in submitting documents and explaining to the authorities.
• Consulting in detail on the legal regulations on recognition of industrial property representatives, providing a reasonable and scientific roadmap for customers.
• Monitor the progress of processing documents and assist in resolving problems that arise during the process of carrying out procedures for customers.

The procedure for recognizing industrial property representatives is an important step in protecting intellectual property rights of businesses and individuals in Vietnam. To ensure a smooth and effective implementation process, customers can contact Long Phan via hotline 0906735386 for detailed advice and support in implementing procedures. We are committed to providing professional services, helping customers complete procedures quickly and accurately.