The Minister of Ministry of Science and Technology signed Decision No. 2525/QD-BKHCN dated September 04, 2018 promulgating new Regulations on organizational structure and activities of NOIP which replaces Decision No. 69/QD-BKHCN dated January 05, 2018.

According to the new Regulations, the NOIP is a affiliated organization of Ministry of Science and Technology, having the function of advising and assisting the Minister of Science and Technology to fulfill consistent State management functions on intellectual property; directly carries out State management activities and organizes administrative activities of industrial property.

The NOIP’s international name in English in dealing is “Intellectual Property Office of Vietnam” (abbreviated as “IP Vietnam”).

NOIP has following main duties and competence:

• Chairing, coordinating with relevant agencies to formulate Drafts of legal and regulatory documents, general mechanism and policies on intellectual properties; providing guidelines, examining and organizing the implementation of legal and regulatory documents after they are approved by competent agencies.
• Issuing documents to provide professional guidance according to the delegation of authority, internal documents, special documents within the Office’s management scale; Providing guidance, examining activities and compliance of regulations of associations in the field of industrial property; proposing measures to handle legal violations of intellectual property to competent State agencies; gathering opinions of associations to improve legal regulations and develop intellectual property activities.
• Organizing the authentication of industrial property rights, registering contracts on transferring industrial property rights and carrying out other procedures relating to the document on protecting industrial property rights as stipulated by laws.
• Managing activities of industrial property representation and appraisal nationwide
• Taking measures to carry out the management, support and promotion of initiatives nationwide as stipulated by law.
• Developing, managing databases of industrial property information; developing searching tools, providing guidance on searching and using industrial property information; ensuring access to information sources for those who have demand; organizing the fully, timely and accurate provision of industrial property information for State management activities and professional activities, scientific research, development of technology, production and business.
• Taking measures to protect the legal rights of the State, organizations and individuals in the field of industrial property; Handling complaints, denunciations relating to the authentication of industrial property rights of agencies, organizations and individuals as stipulated by law; participating in the settlement of disputes on industrial property; providing professional opinions for the settlement of disputes and legal violations of industrial property.
• Chairing, coordinating with relevant agencies to carry out information, education and communication activities in order to improve legal knowledge on intellectual property.
• Advising on authentication, protection, management and development of values of industrial property rights; supporting the use and transfer of patents to promote the development of production and business.
• Carry out international cooperation activities of industrial property; formulating, participating in negotiations to sign, enter and organize the implementation of general international treaties on intellectual property; proposing measures to solve national disputes relating to intellectual property.
• Managing and organizing state services of industrial property as stipulated by laws.
• Organizing scientific research, statistics of industrial property; Consolidating, reviewing and reporting to the Minister to report on the status of intellectual property protection, proposing specific policies and measures to improve the efficiency of intellectual property system and ensuring the consistence of State management on intellectual property

The new Regulations regulates 17 units of NOIP (decreased 4 units compared with previous Regulations), including: General Administration Office, Planning and Finance Division, Organization and Personnel Division, Registration Division, Legal Affairs and Policy Division, International Cooperation Division, Enforcement and Appeal Division, Representative Office in Ho Chi Minh city, Representative Office in Da Nang, Inventions examination Center, Industrial Design examination Center, Trademarks examination Center, Geographical Indications and International Trademarks examination Center, after-granting examination Center, IP information Center, Information Technology Center, Research, training and assistance Center.

Refer to full text of the Decision No. 2525/QĐ-BKHCN of September 04, 2018 here.

ELITE’s translation from NOIP