Table Of Contents
- 1. Procedures for Establishing Protection of Industrial Property Rights:
- 2. Procedure and Scope of Security Control for Inventions:
- 3. Procedures for Amending and Supplementing Applications:
- 4. Split Industrial Property Application:
- 5. Withdrawal of Industrial Property Registration Application:
- 6. Amendment of Industrial Property Protection Title:
- 7. Additional Regulations on International Registration:
- 8. Conclusion:
1. Procedures for Establishing Protection of Industrial Property Rights:
One of the fundamental changes lies in the replacement of declaration forms for various industrial property rights. Decree 65/2023/ND-CP has not only introduced centralized regulations but also integrated declaration instructions, previously outlined in Circular 01/2007/TT-BKHCN, into its appendix. This move aims to enhance efficiency, ensuring a swift implementation of the law and avoiding unnecessary delays. Moreover, the decree integrates the declaration instructions, which were previously outlined in Circular 01/2007/TT-BKHCN, into the Appendix of the new Decree. This integration aims to provide a comprehensive and accessible guide for applicants, ensuring that they have clear instructions on how to fill out and submit the necessary documentation for their intellectual property rights. The streamlined procedures not only make it easier for applicants but also contribute to cost and time savings. By eliminating redundancies and simplifying the application process, applicants can more efficiently navigate the system.
2. Procedure and Scope of Security Control for Inventions:
One significant aspect of the decree is the detailed specification of requirements for security control when registering certain industrial property objects abroad. This aligns with the provisions set out in Article 14 and Appendix VII of the Decree. The decree underscores the need for stringent security measures for inventions categorized as state secrets, as per the criteria laid out in Article 89a of the revised Intellectual Property Law of 2022. The decree effectively integrates the concept of state secrets into the realm of intellectual property by outlining specific procedures for inventions deemed confidential. This represents a novel development in intellectual property law, recognizing the potential national security implications of certain inventions and the necessity for a specialized security control framework.
Decree 65/2023/ND-CP addresses the security control requirements applicable to foreign registrations of specific industrial property objects. It identifies the types of inventions subject to security control, emphasizing the need for compliance with state secrets regulations. This aligns with broader efforts to safeguard sensitive information and technology on an international scale. A noteworthy provision in the decree establishes a time limit for the substantive examination of inventions subject to security control. The examination must be conducted within a specified timeframe, not exceeding 18 months from either the date of valid acceptance of the application or the date of receipt of the request for substantive examination, whichever comes first. This ensures a timely yet thorough review process.
In a departure from standard patent application procedures, the decree specifies that confidential patent applications will not be published in the Official Gazette. This additional layer of confidentiality reinforces the sensitive nature of these inventions and aligns with the overall objective of protecting national security interests.
3. Procedures for Amending and Supplementing Applications:
The "Procedures for Amending and Supplementing Applications" under Decree No. 65/2023/ND-CP provides a framework for applicants to modify and enhance certain information in their industrial property rights applications. This section outlines the conditions under which amendments can be made, the types of amendments allowed, and the documentation and fees associated with the amendment process. Decree 65/2023/ND-CP grants applicants the right to request amendments to their industrial property rights applications. This includes changes to information such as the applicant's country code, the address of the author (if applicable), and modifications to the industrial property representative. However, certain conditions and procedures must be adhered to for a valid request.
Article 16 of the Decree specifies the timing of when an applicant may exercise the right to request amendments. Notably, applicants are allowed to make these requests in writing without submitting a Declaration of Amendment if the request is made before the application is duly accepted or rejected. Once the application has been accepted or rejected, the amendment process is subject to the notice issued by the National Office of Intellectual Property (NOIP). In cases where the applicant intends to change the name, author’s nationality, name, and address of the organization, supporting documents must be submitted. These supporting documents are regulated in a manner similar to the requirements for patent amendments, ensuring that changes are properly verified and recorded.
The decree introduces the provision for applicants to request the separation of an industrial property registration application before a decision on formal examination or substantive examination is issued. However, this option is limited to specific cases, such as the separation of technical solutions in patent applications, industrial designs, or the list of goods and services in trademark applications. Submission of Explanations: When carrying out the procedure for splitting an industrial property registration application, the applicant is required to submit a clear explanation of the object of protection and the content of changes compared to the original application. This ensures transparency and facilitates a comprehensive understanding of the amendments made.
4. Split Industrial Property Application:
The provision for a "Split Industrial Property Application" within Decree No. 65/2023/ND-CP introduces a mechanism that allows applicants to request the separation of certain elements within their industrial property registration applications. This process, outlined in Article 17 of the decree, is designed to provide flexibility while ensuring that the separation is carried out under specific conditions to maintain the integrity of the intellectual property system. Under the provisions of Article 17 of Decree 65/2023/ND-CP, an applicant is granted the right to request the separation of an industrial property registration application. However, this option is available only before a decision on formal examination or substantive examination is issued. This timeline restriction ensures that the splitting process occurs at a stage where it does not unduly disrupt the examination proceedings.
Acceptable Cases for Splitting: The decree outlines specific cases in which an applicant can exercise the right to split an application. These include:
- Separation of one or several technical solutions in a patent application.
- Separation of one or several industrial designs in an industrial design registration application.
- Separation of one or part of the list of goods and services in a trademark registration application.
The provision for splitting an application serves practical purposes. For instance, in patent applications, it allow an applicant to focus on specific technical solutions rather than the entire set, streamlining the examination process. In the case of industrial designs and trademarks, it enables applicants to refine and tailor their protection scope, aligning it more closely with their commercial or creative objectives. While providing applicants with the flexibility to split their applications, Decree 65/2023/ND-CP strikes a balance by limiting this option to certain permissible scenarios. This ensures that the splitting process does not undermine the overall integrity and coherence of the intellectual property system. The decree emphasizes the importance of proper documentation and a clear explanation during the splitting process. This requirement is in place to facilitate understanding for examiners and other stakeholders involved in the industrial property registration process.
5. Withdrawal of Industrial Property Registration Application:
Decree 65/2023/ND-CP recognizes the applicant's right to withdraw their industrial property registration application. This decision might arise due to various reasons, such as changes in business strategy, reevaluation of intellectual property needs, or other circumstances that lead the applicant to forego pursuing the granted rights. The decree establishes conditions that applicants must adhere to when initiating a withdrawal. The withdrawal process is subject to certain conditions outlined in Article 17.2. The National Office of Intellectual Property (NOIP) must issue a notice of its intention to refuse to accept the withdrawal if the request does not meet these conditions.
If the NOIP intends to refuse the withdrawal, the applicant is provided with an opportunity to remedy the deficiencies in their withdrawal request. This sets a framework for communication between the applicant and the intellectual property office, ensuring that the withdrawal process is conducted fairly and transparently. The decree introduces the requirement for the NOIP to issue a notice of its intention to refuse the acceptance of the withdrawal. This notice serves as a formal communication mechanism, providing clarity on the reasons for potential refusal and allowing the applicant to take corrective measures if necessary.
By incorporating a notice mechanism, the decree aims to prevent unwarranted or hasty withdrawals of industrial property registration applications. This ensures that applicants thoroughly consider their decision and understand the implications before finalizing the withdrawal. The provision for withdrawal, coupled with the notice of intention to refuse, contributes to the transparency of the industrial property registration process. It establishes clear procedures for both applicants and the NOIP, fostering a more systematic and accountable framework.
6. Amendment of Industrial Property Protection Title:
Article 29.3 introduces conditions for amending trademark samples on Trademark Registration Certificates, focusing on minor details that do not compromise distinguishability. The decree outlines the fees applicable to such amendments, providing clarity on the process.
Conditions for Amending Trademark Samples: One crucial aspect of the amendment provision is its recognition of the need for flexibility in trademark protection. Article 29.3 of Decree 65/2023/ND-CP allows for the amendment of trademark samples on the Trademark Registration Certificate. However, this amendment is subject to certain conditions. Specifically, it is permissible only when the proposed changes involve minor details that do not significantly impact the distinguishability of the mark. This condition ensures that amendments do not alter the core identity of the trademark, maintaining the integrity and clarity of the registered mark.
Fee Requirements for Amendment Requests: The decree outlines the financial implications associated with the amendment of industrial property protection titles. Applicants seeking to modify trademark samples are required to pay a fee for the examination of the proposed changes, along with the registration fee. This fee structure is designed to cover the administrative costs associated with processing and evaluating the requested amendments. By delineating the financial aspects, the decree establishes a clear framework for applicants and facilitates the efficient handling of amendment requests.
Procedures for Amendments: Decree 65/2023/ND-CP provides a structured approach to the amendment process, aligning with the broader goal of streamlining industrial property procedures. The amendment of protection titles involves a systematic submission of requests, supporting documentation, and payment of requisite fees. This procedural clarity ensures that both applicants and the National Office of Intellectual Property can navigate the amendment process efficiently while maintaining the accuracy and validity of protection titles.
7. Additional Regulations on International Registration:
Decree 65/2023/ND-CP establishes a comprehensive framework for the international registration of industrial designs under the Hague Agreement. It specifies the procedures from Articles 22 to 24, concretizing the validity of protection titles as outlined in Article 93 of the Law on Intellectual Property, as amended in 2022. The decree enables applicants to directly file requests for the Madrid application of Vietnamese origin, granted international registration numbers. The flexibility offered in filing directly with the International Bureau or through the National Office of Intellectual Property streamlines the process and enhances the accessibility of international registration mechanisms.
Continuing this provision, the decree emphasizes the specific requirements and documentation for requests related to the Madrid application of Vietnamese origin. Article 26.3 integrates the option of filing through the National Office of Intellectual Property, providing clarity on the submission process. By offering explicit guidance on international registrations, Decree 65/2023/ND-CP contributes to the harmonization of practices and aligns Vietnam with international standards, making it easier for entities to seek protection for their industrial designs on a global scale.
8. Conclusion:
Decree No. 65/2023/ND-CP emerges as a comprehensive legal instrument, ushering in a new era for industrial property regulations in Vietnam. By addressing procedural complexities, introducing security controls, and streamlining international registrations, the decree sets the stage for enhanced intellectual property protection and efficient enforcement.
If you need further explanation on this subject, please don't hesitate to contact us through email at lienhe@luatminhkhue.vn or phone at: +84986 386 648. Lawyer To Thi Phuong Dzung