1. What is an Intellectual Property Representation Service Company?

In simpler terms, an intellectual property representation service company acts as a middleman for individuals and organizations when it comes to dealing with intellectual property (IP) issues with government agencies in Vietnam.

Imagine you have a new invention or design you want to protect. Filing for patents, and trademarks, and enforcing your rights can be complicated and involve interacting with various government offices. An IP representation service company takes care of all that for you, providing expertise and ensuring everything is done correctly.

Here's a breakdown of their key roles:

  1. Representing Clients: They act as your authorized representatives before government agencies like the National Office of Intellectual Property (NOIP). This means they handle filing applications, responding to inquiries, and attending hearings on your behalf.
  2. Navigating Procedures: The process of establishing and enforcing IP rights involves specific procedures, deadlines, and legal nuances. These companies have the expertise to guide you through each step, ensuring you meet all requirements and maximizing your chances of success.
  3. Offering Expert Advice: They can advise you on the best course of action for your specific IP needs, whether it's choosing the right type of protection, drafting applications, or dealing with potential infringements.
  4. Providing Additional Services: Beyond core representation, some companies offer additional services like conducting IP searches, negotiating licenses, and even handling IP-related litigation.

Think of them as your legal guide and advocate in the world of intellectual property: They help you understand your rights, protect your creations, and enforce them effectively within the Vietnamese legal framework.

Remember, this is just a simplified explanation. The specific services and expertise offered by different companies can vary, so it's important to research and choose one that aligns with your specific needs and budget.

 

2. Conditions for Establishment:

Establishing an IP representation service company in Vietnam involves meeting specific conditions for both the organization itself and the individuals acting as its head or authorized representative. Here's a breakdown of these requirements:

For Organizations:

  • Legal Status: You need to be a legally established entity in Vietnam, such as an enterprise, cooperative, law firm, or scientific/technological service organization. Foreign law firms practicing in Vietnam are not eligible for this business line.
  • Business Registration: Your organization must have the function of providing IP representation services recorded in its Business Registration Certificate (BRC) or Operation Registration Certificate (ORC). This ensures transparency and accountability in your operations.
  • Head's Qualifications: The head of your organization (director, general director, owner, etc.) or their authorized representative must hold a valid certificate of practicing industrial property representation services. This individual acts as the company's expert in IP matters.

For Head/Authorized Representative:

  • Citizenship & Residency: You must be a Vietnamese citizen with full civil capacity (meaning you are 18 years old or above and not under legal restrictions) and have permanent residence in Vietnam. This ensures you are subject to Vietnamese laws and regulations.
  • Education: You must possess a university degree, demonstrating you have a strong foundation in knowledge and critical thinking.
  • Experience: You need to have at least 5 years of direct experience in one of these areas:
    • IP Law: Working in legal practice related to intellectual property rights.
    • IP Application Appraisal: Evaluating and assessing applications for IP protection at the national or international level.
    • Approved Legal Training: Completing a specialized legal training course on industrial property recognized by the competent agency. This demonstrates your focused knowledge and understanding of IP law and procedures.
  • Government Employment Restriction: You cannot be a civil servant or public employee working in government agencies responsible for establishing and enforcing IP rights. This prevents potential conflicts of interest.
  • Examination: You must pass an examination on industrial property representation organized by a competent agency in Vietnam. This exam tests your knowledge and skills in IP law and procedures, ensuring your competency to handle client matters.

Additional Notes:

  • These conditions aim to ensure the competence, integrity, and ethical conduct of IP representation service companies and their representatives.
  • Meeting these conditions is just the first step. You will also need to comply with other legal and regulatory requirements for business registration, taxation, and other aspects of operating a company in Vietnam.
  • It's advisable to consult with legal and business professionals to navigate the process and ensure you comply with all necessary regulations.

By understanding these requirements, you can ensure your IP representation service company is established on a strong foundation and operates ethically and effectively within the Vietnamese legal framework.

 

3. Scope of Rights and Responsibilities:

When operating an IP representation service company in Vietnam, it's crucial to understand both the rights you have and the responsibilities you carry. Here's a breakdown of each:

Scope of Rights:

  • Authorized Services: Your company can only perform services within the scope of the authorization granted by your clients. This means you cannot act beyond the specific tasks and objectives entrusted to you.
  • Re-authorization: In some cases, you can re-authorize another IP representation service organization to handle specific parts of a client's case, but only with written consent from the client. This allows for collaboration and expertise sharing in complex situations.
  • Renouncing Representation: If certain circumstances arise, you have the right to renounce representation activities for a client. However, this must be done legally by transferring unfinished work to another authorized organization.

Responsibilities:

  • Transparency: You must clearly announce the fees and charges associated with your services. This includes providing a service fee list registered with the relevant government agency, and ensuring clients understand the costs involved.
  • Confidentiality: You have a strict obligation to maintain the confidentiality of any information or documents entrusted to you by your clients. This includes intellectual property details, business strategies, and sensitive communications.
  • Communication & Notification: You must accurately and promptly inform your clients about all official notices and requests received from government agencies regarding their IP matters. Additionally, you are responsible for delivering protection certificates and other decisions directly to your clients.
  • Client Protection: It's your duty to actively protect your clients' legitimate interests by responding promptly to requests from government agencies and taking necessary actions to defend their IP rights.
  • Information Updates: You must notify the relevant government agencies of any changes in your client's information, such as name, address, or contact details, to ensure accurate records and smooth communication.

Additional Notes:

  • These rights and responsibilities are outlined in Vietnamese law and regulations governing IP representation service companies. Failure to comply can result in penalties or even suspension of your operating license.
  • Upholding ethical and professional standards is crucial for building trust with clients and maintaining a good reputation in the industry.
  • By adhering to these principles, you can ensure your company operates responsibly and effectively and serves the needs of your clients while protecting their intellectual property rights.

Remember, the legal landscape can be complex, so seeking professional guidance from lawyers or legal experts specializing in IP is always recommended. They can help you navigate your rights and responsibilities and ensure your company operates within the legal framework.

 

4. Procedures for Establishment:

Step 1: Prepare Establishment Documents:

  • Application for business registration: This form outlines your company's basic information, business activities, and contact details.
  • Company charter: This document defines your company's purpose, structure, governance, and capital structure.
  • List of members/shareholders (if applicable): For companies with multiple owners, details of each member or shareholder are required.
  • Copies of identification documents: Provide copies of ID cards or passports for company founders, shareholders, and legal representatives.
  • Business establishment decision/registration certificate (or equivalent): If your company exists in another form (e.g., joint venture), provide relevant proof of establishment.
  • Legal representative's ID/passport: Submit a copy of the authorized representative's identification document.
  • Other required documents (if any): Depending on your specific case, additional documents like bank statements or property ownership certificates might be needed.

Step 2: Submit Application:

  • Utilize the National Business Registration Portal to submit your completed application package electronically.
  • Pay the necessary fees for processing and disclosure of your business registration information.
  • Within 3 working days, the Business Registration Office will review your application and provide feedback on its validity and any missing information.

Step 3: Receive Business Registration Certificate:

  • If your application is approved, you will receive your official Business Registration Certificate within 3 working days.

Step 4: Post-Establishment Procedures:

  • Engrave company seals: These are used for official documents and contracts.
  • Display company sign: Ensure your company's name and logo are clearly visible at your headquarters.
  • Open bank account: You'll need a dedicated bank account for business transactions.
  • Register electronic digital signatures: This allows for online interactions with government agencies.
  • Declare and pay license tax: Register for and fulfill your tax obligations.
  • Print and order invoices: Ensure you have official invoices for billing clients.
  • Make a capital contribution: Deposit the required capital within 90 days of registration.

Additional Notes:

  • This is a general overview, and specific requirements might vary depending on your company structure and location.
  • Seeking professional guidance from lawyers or business consultants can streamline the process and ensure you comply with all regulations.
  • Remember, establishing an IP representation service company requires obtaining separate practicing certificates for authorized individuals, which involves another set of procedures.

Next Steps:

After acquiring your Business Registration Certificate, you can proceed with applying for individual practicing certificates for the head or authorized representatives of your company. This involves specific documentation, submission procedures, and an examination.

By following these steps and seeking professional guidance when needed, you can navigate the establishment process efficiently and legally to launch your IP representation service company in Vietnam.

 

5. Applying for an Individual Practice Certificate:

Obtaining an individual practice certificate in Vietnam allows qualified individuals to represent clients before government agencies in matters related to intellectual property (IP). Here's a breakdown of the application process:

Step 1: Prepare Documents:

  • Application form: This official form requires information about your identity, qualifications, and work experience.
  • List of organization members with practice certificates: If submitting for an organization, include a list of members holding such certificates, along with their recruitment decisions/labor contracts.
  • Business registration/operation registration certificate: Proof of the organization's legal existence and authorization to provide IP representation services.
  • Fee table for IP representation services: Your organization's established fees for various IP services.
  • Written authorization (if necessary): If someone other than the head of the organization is applying, provide written authorization.
  • Payment confirmation copy: Prove payment of application fees.

Step 2: Submit Application:

  • Choose the preferred submission method:
    • In-person: Submit documents directly to the headquarters of the National Office of Intellectual Property (NOIP) in Hanoi or its regional offices in Ho Chi Minh City and Da Nang.
    • By post: Send the complete application package by registered mail to the NOIP headquarters.

Step 3: Application Processing:

  • Validity & Completeness Check: The NOIP assesses whether the application is valid and complete. If deficiencies are found, you'll receive a notice for corrections or objections.
  • Decision & Issuance: If valid, the NOIP issues a decision to grant the practice certificate, records it in the National Register of Industrial Property Representation, and publishes it in the Official Gazette of Industrial Property.

Additional Notes:

  • Eligibility: Remember, only individuals meeting specific criteria (citizenship, residency, education, experience, no government employment, passing the exam) can qualify for this certificate.
  • Application Fees: Be prepared to pay applicable fees for processing and examination.
  • Exam Requirement: Passing a specialized IP representation exam conducted by the NOIP is mandatory.
  • Renewal: Practice certificates require renewal every 5 years to maintain validity.

Tips for Success:

  • Prepare thoroughly and ensure your documents are complete and accurate.
  • Consult with IP professionals or legal advisors for guidance and support.
  • Stay updated on relevant regulations and changes in the application process.

 

6. Conclusion

Establishing an IP representation service company in Vietnam offers exciting opportunities, but requires careful planning and adherence to specific regulations. This article provided a comprehensive guide, covering:

  • Conditions for establishment: Ensure your organization and key individuals meet legal requirements.
  • Procedures for establishment: Navigate the company registration process efficiently.
  • Individual practice certificate: Equip yourself or authorized representatives with the required certification.
  • Scope of rights and responsibilities: Understand your ethical and professional obligations.

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