Regulation on issuance duplicates and reissuance of protection title

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

In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Therefore, Other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee.

Besides, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title but shall pay a reissue fee. Specifically, in case the protection title/duplicate of protection title is lost; damaged, torn, stained, or faded out.

The request on issuance duplicates and reissuance of protection titles

+ First of all, Declaration requesting a grant of duplicates/reissue of protection titles, (according to form 03-PBVB/GCN AppendixC of Circular No. 01/2007/ TT-BKHCN);

+addtionally, 02 identical mark specimens;

+ Next, Power of attorney (in case through a representative);

+ Besides, A copy of the receipt of fees and charges as prescribed;

+ Lastly, Other documents (if necessary).

The time limit on issuance duplicates and reissuance of protection titles

IPVN shall assess the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.

Result on issuance duplicates and reissuance of protection title

If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title.

In addition, IPVN shall record in the section for registration of the protection title in the National Register of Industrial Property, and publish in the Industrial Property Gazette.

In contrast, the IPVN shall issue a decision on refusal to grant duplicates/refusal to reissue the protection title.

Fees and charges on issuance duplicates and reissuance of protection title

+ Initially, Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;

+ In addition, Fee for recording a decision into the National Register of Industrial Property: VND 120,000/ protection title.

+ Further, Public service fee.

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