THE MINISTRY OF SCIENCE AND TECHNOLOGY

Circular No. 05/2013/TT-BKHCN dated February 20, 2013 of the Ministry of Science and Technology amending the Circular No. 01/2007/TT-BKHCN dated February 14, 2007 of the Ministry of Science and Technology guiding the implementation of the Government's Decree no. 103/2006/ ND-CP dated September 22, 2006, detailing and guiding the implementation of a number of articles of the Law on intellectual property regarding industrial property, amended in accordance with the Circular No. 13/2010/TT-BKHCN dated July 30, 2012 and the Circular No. 18/2011/TT-BKHCN dated July 22, 2011
Pursuant to the Decree No. 28/2008/ND-CP dated March 14, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;
Pursuant to the Law on Intellectual property dated November 29, 2005 and the Law No. 36/2009/QH12 dated July 19, 2009 on the amendment of the Law on Intellectual property (hereinafter referred to as the Law on Intellectual property);
Pursuant to the Decree No. 103/2006/ND-CP dated September 22, 2006 of the Government detailing and guiding the implementation of a number of articles of the Law on intellectual property regarding industrial property, and  the Decree No. 122/2010/ND-CP dated December 31, 2010 of the Government amending and supplementing a number of articles of the government's Decree No. 103/ 2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Law on Intellectual property regarding industrial property;
The Ministry of Science and Technology Circular No. 01/2007/TT-BKHCN dated February 14, 2007 of the Ministry of Science and Technology guiding the implementation of the Government's Decree no. 103/2006/ ND-CP dated September 22, 2006, detailing and guiding the implementation of a number of articles of the Law on intellectual property regarding industrial property, amended in accordance with the Circular No. 13/2010/TT-BKHCN dated July 30, 2012 and the Circular No. 18/2011/TT-BKHCN dated July 22, 2011) as follows:
Article 1. Amending some regulations of the Circular No. 01/2007/TT-BKHCN
1. To amend point 1.1. of the Circular No. 01/2007/TT-BKHCN as follows:
“1.1. The industrial property rights arising or established on the bases prescribed in Clause 3 Article 6 of the Law on Intellectual property, Clauses 1, 2, 3, and 4 Article 6 of the Decree No.  103/2006/ND-CP, elaborating a number of articles of the Law on Intellectual property applicable to industrial property amended in the Decree No. 122/2010/ND-CP and specific provisions in this Point.”
2. To amend point 7.1.b (iii), and supplement Point 7.1.b (iv) to the Circular No. 01/2007/TT-BKHCN as follows:
“(iii) Geographical maps (if the registered trademark is to prove the geographical origin of products, or a collective mark or certification mark that contains the geographical name or other signs indicating the geographical origin of to local specialties);
(iv) The written approval for the trademark registration issued by the provincial People’s Committee as prescribed in Point 37.7.a of this Circular (if the registered trademark is a collective mark or certification mark that contains the geographical name or other signs indicating the geographical origin of to local specialties).”