Terminating the validity of a protection certificate when at a certain time according to the law, the certificate owner does not continue to extend the protection, the protection certificate or protected object will no longer be protected by the State of Vietnam. The following article will introduce the validity of each protection certificate, the cases where the certificate is terminated and the procedures of terminating the validity of a protection certificate. We welcome you to follow us!

How long is the validity of a protection certificate?

Pursuant to Article 93 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the validity of a protection certificate is:

1. The protection certificate is valid throughout the territory of Vietnam.
2. A patent is valid until twenty years from the date of filing.
3. A utility solution patent is valid until the end of ten years from the date of filing.
4. An industrial design patent is valid for five years from the date of filing
5. The semiconductor integrated circuit layout design registration certificate takes effect from the date of issue and terminates on the earliest of the following dates:

• Ends ten years from the date of application;
• Ends ten years from the date the layout design is first registered for commercial exploitation anywhere in the world by the right holder or by the person authorized by that person;
• Ends fifteen years from the date of creation of the layout design.

1. The trademark registration certificate is valid from the date of issue until the end of ten years from the date of application and can be renewed many consecutive times, each time for ten years.
2. The geographical indication registration certificate is valid indefinitely from the date of issue.
3. International registration of trademarks under the Madrid Protocol and Agreement on international registration of trademarks designating Vietnam takes effect from the date the state management agency on industrial property rights issues a decision to accept protection. protection of the mark in that international registration, or from the day following the end of the twelve-month period from the date the International Bureau issues the notice of international registration of that mark designating Vietnam, calculated according to Which time is earlier? The validity period of international trademark registration is calculated according to the provisions of the Protocol and the Madrid Agreement.
4. International registration of industrial designs under the Hague Agreement on international registration of industrial designs with Vietnamese designation takes effect from the date the state management agency on industrial property rights issues a decision to accept protection for the industrial design in that international registration or from the day following the end of the period of six months from the date the International Bureau announces the international registration of that industrial design, calculated from the time whichever is earlier. The validity period of international registration of industrial designs is calculated according to the provisions of the Hague Agreement.

When does the protection certificate expire?

Pursuant to Clause 1, Article 95 of the Law on Intellectual Property 2005 (amended and supplemented in 2022), the protection certificate will terminate when:

• The owner of the protection certificate does not pay fees or charges to maintain its validity or extend its validity according to regulations;
• The owner of the protection certificate declares to give up industrial property rights;
• The owner of the protection certificate no longer exists or the owner of the Trademark Registration Certificate is no longer doing business without a legal successor;
• The trademark must not be used by the owner or the person authorized by the owner for a period of five consecutive years before the date of request for termination without just cause, except where the use has been commenced. or restart at least three months before the date of request for termination;
• The owner of the Trademark Registration Certificate for a collective mark does not control or ineffectively controls the implementation of regulations on the use of collective marks;
• The owner of the Certificate of Trademark Registration for a certification mark violates the regulations on the use of the certification mark or fails to control or ineffectively controls the implementation of the regulations on the use of the certification mark;
• The geographical conditions that create the reputation, quality, and characteristics of the product bearing the geographical indication are changed, causing the reputation, quality, and characteristics of that product to be lost;
• The use of a protected mark for goods or services by the mark owner or a person authorized by the mark owner causes consumers to misunderstand the nature, quality or geographical origin of the product. such goods or services;
• The protected trademark becomes the common name of the goods or services registered for that trademark;
• Foreign geographical indications are no longer protected in the country of origin.

Procedures for requesting termination of protection certificate validity

Prepared documents

Based on Clause 2, Article 32 of Decree 65/2023/ND-CP, terminating the validity of a protection certificate required the following documents:

• Declaration requesting termination or invalidation of protection certificate according to Form No. 08 in Appendix II of this Decree;
• Evidence (if any);
• Authorization document (in case the request is submitted through a representative);
• Explanation of the reason for the request (clearly stating the certificate number, reason, legal basis, content of request to terminate or cancel part or all of the validity of the protection certificate) and related documents;
• 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).

Implementation procedures

Pursuant to Clause 3, Article 32 of Decree 65/2023/ND-CP, the steps on terminating the validity of a protection certificate include:

Step 1: Receiving applications

Organizations and individuals submit 01 set of dossiers of terminating the validity of a protection certificate to the National Office of Intellectual Property.

Step 2: Application processing

1. In case the certificate owner himself requests to terminate the validity of the protection certificate:

• Check the application in terms of form and draw conclusions about the validity of the application;
• Check the validity of the protection certificate requesting termination;
• Issue a decision to terminate the validity of the protection certificate at the request of the applicant.

1. In case the request to terminate the validity of the protection certificate is made by a third person:

• Check the application in terms of formality (evidence, reason for termination request) and draw conclusions about the validity of the application;
• The National Office of Intellectual Property issues a notice to the certificate holder of the third person’s opinion, so that the certificate holder can have an opinion. The National Office of Intellectual Property can organize a direct exchange of opinions between a third person and the certificate holder;
• Based on consideration of the opinions of the parties, the National Office of Intellectual Property issues a decision to partially/entirely terminate the validity of the protection certificate or notify refusal to terminate the validity of the protection certificate;
• The decision to terminate the validity of the protection certificate is recorded in the National Register of Industrial Property and published in the Industrial Property Official Gazette within 60 days from the date of decision.

Consulting services on the process of terminating the validity of a protection certificate

During the process of terminating the validity of a protection certificate, if you encounter any difficulties related to the above issue, please contact Long Phan. With his professional experience, Long Phan will advise and support you:

• Advise on steps for a protection certificate to terminate;
• Support in preparing dossiers and documents for terminating the validity of a protection certificate;
• Monitor the process of processing documents to terminate the validity of protection certificates and support in resolving arising problems;
• On behalf of customers, work with state agencies on terminating the validity of protection certificates;
• Hand over the results of the termination of the protection certificate to the customer.

If you need any more information about the procedure for terminating the validity of a protection certificate, please contact Long Phan via hotline. 0906.735.386 for quick advice and support.