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1What should the Appellant do if he/she disagrees with the results of the NOIP's first-time Appeal settlement/resolving as to the refusal Decision?

ELITE: According to regulations, if the Appellant does not agree with the first-time Appeal resolving Decision of the NOIP or beyond the prescribed time limit, the Appeal has not been resolved yet, the Appellant has the right to file second-time Appeal to the Minister of Science and Technology (Head of direct superior of the NOIP) or initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures. In case the complainant disagrees with the second-time Appeal settlement Decision of the Minister of Science and Technology, or the prescribed time limit expires but the Appeal has not been yet resolved, the Appellant has the right to initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

 

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2List the remedies provided for copyrights infringement in the jurisdiction  

ELITE:Under Art. 202 of IP law of Vietnam, the remedies provided for IP/copyright infringement in Vietnam include:

1)Compelling the termination of infringing acts;

2)Compelling the public apology and rectification;

3)Compelling the performance of civil obligations;

4) Compelling the payment of damages;

5) Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution, or use does not affect the exploitation of rights by intellectual property right holders.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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3What should the Appellant do if he/she disagreeing with the results of the NOIP's first-time appeal resolving/settlement as to the refusal Decision?

ELITE: According to regulations, if the Appellant does not agree with the first-time Appeal resolving Decision of the NOIP or beyond the prescribed time limit, the Appeal has not been resolved yet, the Appellant has the right to file second-time Appeal to the Minister of Science and Technology (Head of direct superior of the NOIP) or initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures. In case the complainant disagrees with the second-time Appeal settlement Decision of the Minister of Science and Technology or the prescribed time limit expires but the Appeal has not been yet resolved, the Appellant has the right to initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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4How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Certificate of a Geographical Indication Application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged but must not exceed 45 days from the acceptance date.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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5What documents are required to file an appeal against the Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Geographical Indication Registration Certificate are as followings: (i) An Appeal Application (under the Form); (ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any); (iii) A copy of the NOIP's Decision on refusal of granting a Geographical Indication Registration Certificate; (iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent); (v) A copy of fee payment for the Appeal.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

6How long is the statute of limitation for filing a first-time Appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a Decision on refusal of granting a Geographical Indication Registration Certificate from the NOIP.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

7What is the purpose of filing an appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application?

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Certificate of a Geographical Indication Application is to protect the Applicant’s legitimate rights and interests in accordance with the laws and regulations, namely requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Geographical Indication Registration Certificate for the Appellant.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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8What is an appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application?

ELITE LAW FIRM (ELITE): An appeal against a Decision on refusal of granting a Geographical Indication Registration Certificate for a geographical indication application means that a geographical indication applicant having such a refusal Decision issued by the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.

If you have questions or require consultant about Geographical Indication in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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9What is an appeal against a Decision on refusal of granting a Patent for an Industrial Design Application?

ELITE LAW FIRM (ELITE): An appeal against a Decision on refusal of granting a Patent for an industrial design application means that a design applicant having such a refusal Decision issued by the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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10What is the purpose of filing an appeal against a Decision on refusal of granting a Patent for an Industrial Design Application?

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Patent for an industrial design application is to protect the Applicant’s legitimate rights and interests in accordance with the laws and regulations, namely requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Patent for an Industrial Design of the Appellant.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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11How long is the statute of limitation for filing a first-time Appeal against a Decision on refusal of granting a Patent for an Industrial Design Application at the National Office of Intellectual Property of Vietnam?

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a Decision on refusal of granting a Patent for an Industrial Design Application from the NOIP.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

12What documents are required to file an appeal against the Decision on refusal of granting a Patent for an Industrial Design Application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Patent for an industrial design application are as followings: (i) An Appeal Application (under the Form); (ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any); (iii) A copy of the NOIP's Decision on refusal of granting a Patent for an Industrial Design Appl.; (iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent); (v) A copy of fee payment for the Appeal.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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13How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Patent for Industrial Design for a design registration application at the NOIP?

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Patent for an industrial design application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged but must not exceed 45 days from the acceptance date. The time limit for resolving a second-time Appeal must not exceed 45 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving may be prolonged, but must not exceed 60 days from the acceptance date.

If you have questions or require consultant about Industrial Design in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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