Procedure for industrial design complaint settlement in Vietnam

by ThanhMai
  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

1. General provisions on complaints

1.1. Right to complain

Generally, The applicant and all organizations and individuals with rights and interests directly related to the decision or notice related to the handling of industrial design registration applications issued by the state management agency in charge of industrial design. Therefore, the promulgator has the right to complain to the state management agency in charge of industrial design or initiate a lawsuit in court in accordance with the provisions of the Intellectual Property Law and relevant laws.

1.2. Time limit for complaints

In fact, The first-time complaint is made within ninety days from the date the complainant receives or learns of the decision or notice on the handling of the industrial design registration applications;

Additionally, Complaints for the second time are thirty days from the date of expiration of the time limit for settlement of the first complaint that is not resolved or from the date the person with the right to complain receives or learns of the decision on settlement of the complaint.

1.3. Complaint Sequences

If the time limit for complaint settlement of the level directly issuing decisions or notices related to industrial design expires (first time complaint). However, the complaint is not resolved or if you disagree with the complaint settlement decision, If the complaint is filed by this agency, the complainant and the person with rights and interests directly related to that decision may lodge a complaint with the Minister of Science and Technology (for the second time) or initiate a lawsuit at court. Conversely, If disagreeing with the complaint settlement decision of the Minister of Science and Technology, the complainant and the person with rights and interests directly related to that decision may initiate a lawsuit at court.

1.4. Complaint dossier

Normally, Complaint contents must be presented in a complaint form, clearly stating the full name and address of the complainant; number, signing date, content of the complained notice or decision; complaint content, arguments, and evidence to prove the complaint; specific request for correction or cancellation of the relevant notice or decision.

2. File a complaint application

2.1. How to file a complaint application

– Initially, File an application through an industrial design representative or directly at the National Office of Intellectual Property’s headquarters and offices in Ho Chi Minh City or Da Nang.

– Besides, By post.

2.2. Composition, number of complaint dossier

+ First of all, Declaration (02 sheets according to the form);

+ Secondly, Written explanation of the complaint and evidence to prove the complaint;

+ Next, A copy of the complained decision or notice of the NOIP;

+ Plus, A copy of the first-time complaint settlement decision (for the second-time complaint);

+ In addition, Power of attorney (if applying through a representative);

+ Further, Proof of payment of fees and charges.

In general, Number of dossiers: 02 (sets).

Contact LSX law firm

Thank you for paying attention to our article.  Hopefully, this article is useful for you to answer basically the questions about Intellectual Property in Vietnam. Finally, if you have any questions, please do not hesitate to contact Lawyer X for quick and best legal services: +84846175333.

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