Vietnam

21What 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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22How 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:

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23What 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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24How 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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25What 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 a 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 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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26What is an appeal against a Decision on refusal of granting a Patent for an invention/patent application

ELITE: An appeal against a Decision on refusal of granting a Patent for an invention registration means that the Invention Applicant having such a refusal Decision issued by the 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 this Decision is contrary to law provisions, directly infringing upon the Invention Applicant’s legitimate rights and interests.

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

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27What is the purpose of filing an appeal against a Decision on refusal of granting a Patent for an invention registration application?

ELITE:The purpose of filing an appeal against the Decision on refusal of granting a Patent for an invention application is to protect the Invention Applicant’s legitimate rights and interests of in accordance with the law, specifically, requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Patent for the Appellant.

If you have questions or require consultant about Patent 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/vi

28How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Patent for an invention 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 invention 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 Patent 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/vi

29What are required documents for filing an Appeal against a Decision on refusal of granting a Patent for an invention registration application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Patent 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;

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 Patent 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/vi

30How long is the statute of limitation for filing a first-time Appeal against a refusal Decision for an invention registration application at the NOIP?

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

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31What 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.

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

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32Is there prosecution for copyright infringement in the Internet in Vietnam?

ELITE: Yes, copyright infringement in the Internet shall be prosecuted under Art. 28 of IP Law and Art. 225 of Criminal Code of Vietnam.

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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33Is copyright registration required to initiate a civil case?

ELITE LAW FIRM: No. In principle, a copyright registration certificate is not required to initiate a civil case under IP Law, Civil Code and other regulations of Vietnam.

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34What types of works are not protected by copyright in Vietnam?

ELITE: We note that the following objects are not protected as copyrighted works (not covered by copyright protection) under Art. 15 of IP Law of Vietnam:

1. News of the day as mere items of press information;

2. Legal documents, administrative documents and other documents in the judicial domain and their official translations of these documents;

3. Processes, systems, operation methods, concepts, principles, and data;

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35What is an appeal against a Decision on refusal of granting a Trademark Registration Certificate for a trademark application?

ELITE: An appeal against a Decision on refusal of granting a Trademark Registration Certificate (TRC) for a trademark registration application means that a trademark applicant having such a refusal Decision issued by the 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 Trademark in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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36What is the purpose of filing an appeal against a Decision on refusal of granting a Trademark Registration Certificate for a trademark application?

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Trademark Registration Certificate for a trademark 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 TRC for the Appellant.

If you have questions or require consultant about Trademark 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/vi

37How long is the statute of limitation for filing a first-time Appeal against a Decision on refusal of granting a trademark registration certificate for a trademark registration application at the National Office of Intellectual Property of Vietnam?

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

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38What documents are required to file an appeal against the Decision on refusal of granting a trademark registration certificate for a trademark registration application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a TRC 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 TRC;

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 Trademark 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/vi

39How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a trademark registration certificate for a trademark 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 TRC for a trademark 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 Trademark 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/vi

40What should the Appellant do if he/she disagrees 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 Trademark 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/vi