The head of an industrial property representation service business organization who does not have an industrial property representation service practice certificate may no?

What services do industrial property representation services include?

According to Article 151 of the Intellectual Property Law 2005, industrial property representation services are regulated as follows: after:

– Industrial property representation services include:

+ Representing organizations and individuals before competent state agencies to establish and ensure the enforcement of industrial property rights;

+ Consulting on issues related to procedures for establishing and enforcing industrial property rights;

+ Other services related to procedures for establishing and enforcing industrial property rights.

– Industrial property representatives include organizations providing industrial property representation services (hereinafter referred to as industrial property representation service organizations) and individuals practicing industrial property representation in that organization (hereinafter referred to as industrial property representatives).

What rights and responsibilities does an industrial property representative have?

According to Article 152 of the Intellectual Property Law 2005, the scope of rights of an industrial property representative is specified as follows:

– Industrial property representation service organizations are only allowed to perform services within the scope of authorization and are allowed to sub-authorize other industrial property representation service organizations, if approved in writing by the authorizer.

– Industrial property representation service organizations have the right to abandon industrial property representation activities if they have legally transferred unfinished representation work to another industrial property representation service organization.

– Industrial property representatives are not allowed to perform the following activities:

+ At the same time, representing parties in dispute over industrial property rights;

+ Withdraw the application for a certificate of protection, declare the waiver of protection, withdraw the complaint about the establishment of industrial property rights without permission of the authorized representative;

+ Deceive or coerce customers in entering into and performing industrial property representation service contracts.

According to Article 153 of the Intellectual Property Law 2005, the responsibilities of an industrial property representative are regulated as follows:

– Clearly announce the amounts, fees and charges related to procedures for establishing and ensuring the enforcement of industrial property rights, terms and service fees according to the service fee table registered at the state management agency on industrial property rights;

– Maintain confidentiality of assigned information and documents related to the case they represent;

– Honest and complete information on all notices and requests of state agencies competent to establish and ensure the enforcement of industrial property rights; Timely delivery of protection titles and other decisions to the represented party;

– Protect the legitimate rights and interests of the represented party by promptly responding to requests from state agencies competent to establish and ensure the enforcement of industrial property rights for the represented party;

– Notify the state agency competent to establish and ensure the enforcement of industrial property rights of any changes in the name, address and other information of the represented party when necessary.

– An industrial property representation service organization must bear civil liability to the represented person for the representation activities performed by the industrial property representative on behalf of the organization.

Can the head of an industrial property representation service business organization not have a practicing certificate for industrial property representation services?

According to Clause 17, Article 1 of the 2009 Amended Intellectual Property Law, the conditions for business of industrial property representation services are specified as follows:

Organizations that meet the following conditions may conduct business in industrial property representation services in the name of industrial property representation service organizations:

– Being an enterprise, cooperative, law-practicing organization, scientific and technological service organization established and operating in accordance with the law, except for foreign law-practicing organizations practicing in Vietnam;

– Having the function of operating industrial property representation services recorded in the Business Registration Certificate, Operation Registration Certificate (hereinafter referred to as Business Registration Certificate);

– The head of the organization or the person authorized by the head of the organization must meet the conditions for practicing industrial property representation services specified in Clause 1, Article 155 of this Law.

According to Clause 1, Article 155 of the Intellectual Property Law 2005, individuals are allowed to practice industrial property representation services if they meet the following conditions:

– Have a Certificate to practice industrial property representation services;

– Works for an industrial property representation service organization.

Thus, the head of an industrial property representation service business organization must meet the conditions for practicing industrial property representation services, including having a Practicing Certificate for industrial property representation services and operating for an industrial property representation service organization. Therefore, if you want to become the head of an industrial property representation service business organization, you must have an industrial property representation service practice certificate.

What are the conditions to be granted a Certificate to practice industrial property representation services?

According to the provisions of Clause 2, Clause 2a of the 2005 Intellectual Property Law, amended and supplemented by Clause 61, Article 1, of the 2022 Amended Intellectual Property Law (Effective from January 1, 2023) tTo be granted a certificate to practice industrial property representation services, an individual must meet the following conditions:

+ Being a Vietnamese citizen, with full civil act capacity.

+ Permanent residence in Vietnam.

+ Have a bachelor’s degree or equivalent diploma in case of practicing in the field of trademarks, geographical indications, trade names, anti-unfair competition, and business secrets; Have a bachelor’s degree or equivalent degree in natural sciences or technical sciences in case of practicing in the fields of inventions, industrial designs, and layout designs.

+ Have directly worked on industrial property law for five years or more or have directly worked on appraisal of industrial property registration applications at a national or international industrial property agency for five years or more or have graduated from an industrial property law training course recognized by a competent authority.

+ Not a civil servant, public employee, or employee working at a state agency with authority to establish and protect industrial property rights.

+ Passed the examination on industrial property representation skills organized by a competent authority.

However, Vietnamese citizens who are lawyers allowed to practice under the provisions of the Law on Lawyers and permanently residing in Vietnam will be granted a Certificate of practice for industrial property representation services in the fields of trademarks, geographical indications, trade names, anti-unfair competition, and business secrets if they have graduated from a training course on industrial property law recognized by a competent authority.