VIETNAM STATISTICS OF APPEAL SETTLEMENT OF INDUSTRIAL PROPERTY RIGHTS IN 2021

Despite having to work from home alot in 2021 due to the Covid-19 pandemic, IP Viet Nam has made efforts to handled 1,124 appeal requests, 330 requests for termination and invalidation of protection titles as well as providing professional information to support IPRs enforcement agencies.

Director General Dinh Huu Phi attended the Webinar on current situation and solution to identify counterfeit goods and IPRs infringement from the view of Korea businesses in 2021.

Receiving and handling appeal  requests, requests for termination and invalidation of protection titles

Receiving requests:

• In 2021, IP Viet Nam received 1,124 appeal requests, including 28 appeal requestsfor patents, 7 on utility solutions, 36 on industrial designs, 1,046 on national trademarks and 7 on international

• In 2021, IP Viet Nam received 330 requests for termination and invalidation of protection titles, including 182 requests for termination of trademark protection titles, 7 requests for invalidation of patent protection titles, 2 for invalidation of utility solution protection titles, 14 for invalidation of industrial design protection titles, and 125 for invalidation of trademark protection

Handling requests

In 2021, IP Viet Nam attempted to process 1,134 appeal requests, including 52 requests forpatents, 10 on utility solutions, 6 on industrial designs, 814 on national trademarks and 252 on international trademarks. In addition, IP Viet Nam’s representatives attended dialogues with applicants in the second-complaint process for 10 cases at the Ministry of Science and Technology.

In 2021, IP Viet Nam completely handled 198 requests for terminationand invalidation of protection titles, including 84 requests for termination of trademark protection titles, 6 for invalidation of patent protection titles, 01 for invalidation of utility solution protection title, 02 for invalidation for industrial design protection titles and 105 for invalidation of trademark protection titles. Besides, IP Viet Nam established and held an advisory council meeting to resolve a case related to one request for invalidation of a trademark protection title.

Coordinating and supporting activities in IPR enforcement

As assessing and handling IPRs infringement acts require specific and professional information in the IP field so IP Viet Nam always provides this information to IPRs enforcement agencies. It is said that coordination, support and provision of information and expertise on IPRs infringement elements and acts are effectively and promptly implemented by IP Viet Nam. Accordingly, information and expertise provided by IP Viet Nam are reliable for IPRs enforcement agencies in their action. In 2021, IP Viet Nam issued 234 official dispatches to provide information and professional opinions to enforcement agencies including 06 official dispatches tothe Inspectorate of the Ministry of Science and Technology, 30 to VietNam Market Surveillance, 138 to the Economic Police, 07 tothe Customs, 09 tothe Courts and 44 toother individuals and organizations. Among these, 06 official dispatches related to patents, 01 related to utility solutions, 02 related to industrial designs and 255 related to trademarks. In addition, IP Viet Nam actively participated in activities held by the Steering Committee of the Action Program on IPRs Enforcement (Program 168) phase III with involvement of 9 ministries and branches led by the Ministry of Science and Technology.

Moreover, IP Viet Nam also participated in activities to train, improve knowledge, skills on IPRs protection and enforcement for ministries, branches, localities and enterprises.

Judicial support

In 2021, IP Viet Namparticipated in 05 cases at judicial agencies with its related rights and obligations or as a party incases. In general, IP Viet Nam effectivelyand timely implemented judicial activities and support at therequests of judicial agencies.

Statistics of settlement of industrial property appeals in 2021

Appeals request against decisions on refusal of protection of IP applications

* The number of requests filed with IP Viet Nam only

Source: IpVietnam

Keyword: IP Enforcement

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