CIRCULAR amending and supplementing some provisions of the circular No. 01/2007/TT-BKHCN on 14/02/2007, amended and supplemented by circular No. 13/2009/TT-BKHCN on 31/7/2010 and circular No. 01/2008/TT-BKHCN on February 25, 2008, amended and supplemented by circular No. 03/2009/TT-BKHCN on 27/3/2009 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 28/2008/ND-CP dated 14/3/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
Pursuant to the law on intellectual property on 29/11/2005, amended and supplemented by Act No. 36/2008/QH12 on 19/6/2009 (hereinafter the law on intellectual property);
Pursuant resolution No. 67/NQ-CP on 24/12/2010 of the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of science and technology;
The Minister of science and technology of modified, added some provisions of circular No. 01/2007/TT-BKHCN on 14/02/2007 guidelines for implementing Decree No. 103/2006/ND-CP on 22/9/2006, as amended and supplemented by circular No. 13/2009/TT-BKHCN (hereafter referred to as "circular No. 01/2007/TT-BKHCN revised 2010") and circular No. 01/2008/TT-BKHCN on 25/02/2008 Guide the grant, revoke the card industrial property appraiser and a certificate of eligibility organizations operate industrial property examiner, amended and supplemented by circular No. 03/2009/TT-BKHCN on 27/3/2009 (hereinafter referred to as "circular No. 01/2008/TT-BKHCN revised 2009") are as follows : article 1. Modifying, supplementing a number of circular No. 01/2007/TT-BKHCN in 2010 are as follows: 1. Amendments, supplements the point 7.2. e as follows: "e. stated in single object must be exactly classified, grouped according to the regulations. If the applicant is not in self grouping, sorting, or grouping, sorting is incorrect then the intellectual property Bureau will do this and the applicant must file charges the Group services, classified according to the regulations ".
2. Amendments, supplements the point 7.3. c as follows: "c) documents proving the priority right base (single copy (), the first confirmation of receipt, the agency except PCT); the list of goods and services in the first trademark application; priority assignment if the rights which are beneficiary from others.
3. Amendments, supplements 20.3 points as follows: 20.3 ". Maintain in force a patent protection degree) To be maintained in force the patent protection degree, master degree of protection must pay annuity within 6 months before the end of the validity period. Annuity fee can be submitted later than the specified time limit on this, but don't be too 6 months from the end of the term of validity in advance and protection degree holders must pay a 10% additional charge for each month late.
b) intellectual property Bureau consider asking annuity within 10 working days of receipt of the request and the fee to maintain the effect. The case of valid requirements, intellectual property Bureau noted in the national register of patents.
The case required annuity flawed or invalid, the Bureau of intellectual property notice and assign a time limit of 12 months from the date of notification to the person requesting the repair of the flaws or comments. If within the time limit specified, the request does not fix the flaws or shortcomings does not meet the requirements, no opposing comments or comments not objections for the intellectual property Bureau notice reject annuity ".
4. Modify additional 20.4 points a, as follows: "a) By patent, By exclusively useful solution, the certificate of registration of the design layout was not renewed.
By exclusive industrial designs to be renewed at most 2 times in a row, each 5 years. The case of industrial designs are protected have much option With exclusive can be extended to all or some of the options, one of which must have the basic approach.
Trademark registration certificate can be renewed several times, each time for 10 years for the whole or part of the list of goods and services. "
5. Amendments, supplements 33.5 points. e as follows: "e. Description of industrial designs must meet the provisions of paragraph 2 to article 103 of law in intellectual property, and should be described in detail as follows: (i) reveal completely the nature of industrial designs protection requirements, which States the full characteristics shaping embodied the essence of industrial design at the same time pointing out the characteristics and shaping new, different than similar industrial designs referred to in point nearest 33.5 c on it, in accordance with the characteristics and shaping are shown in the photographs, drawings;
(ii) The characteristics and shaping of the industrial design protection requirements are presented in turn in the following order: the shape, contours, correlation between the characteristics of cubes and/or contours, color characteristics (if any);
(iii) with regard to products that have the status of different uses (for example, a product of the CAP or foldable ...) then described the design of the product in a different State;
(iv) if the industrial design consists of many option specifies the different characteristics of the remaining projects compared to the basic variant (the first approach outlined in the application);
(v) if the design is the shape of the product, the description of the style of each product in the order. "
6. Amendments, supplements 33.6 33.6 points ". Requirements for the photographs, drawings of industrial design applicants must submit 4 sets of photographs or 4 sets of industrial model drawings. The snapshot, the drawing must show the full range of characteristics and shaping of the industrial design protection to the extent required pursuant to that, any person who has the average understanding of respective fields can all be determined that industrial designs and according to the following instructions :”.
7. Amendments, supplements 37.4 points. e the following: "e)" category of goods or services bearing the trademark "in the Declaration must be consistent with the classification table of the international classification of goods and services agreement in Nice are the Bureau of intellectual property published on the Official Gazette of industrial property. If the applicant is not itself classified or categorized incorrectly, the intellectual property Department will sort and the applicant must file the service fees classified according to regulations. "
8. Modify additional 37.5 points, as follows: "37.5. Requirements for model brand: in addition to the trademark template is mounted on a single, must accompany the same brand and model 5 must meet the following requirements: ".
9. Amendments, supplements 47.1 47.1 points ". The registration records of the contract of assignment of the industrial property rights include the following documents: 1 a) 2 a declaration registered transfer of industrial ownership, follow the 01-HĐCN specified in Annex D of this circular;
b) 1 a contract (the original or a copy certified as prescribed); If the contract made in another language must be accompanied by Vietnamese translations of contracts out Vietnamese; the contract has multiple pages, the page must have the signature of the party or stamped;
c) the original degree of protection;
d) the text agreed by the owner of the industrial property right transfer, if the respective industrial property right owned in common;
e) power of Attorney (if applying through a representative);
g) copies filed charges and fees (filing fees via the postal service or submitted directly to the account of the intellectual property Bureau) ".
10. Amendments, supplements 53.2 53.2: "point. The profile requires certification of practice records require certification services practice industrial property comprises the following kits: 01 a) 2 a declaration asking practising certificate services industrial property agent (practice), follow the pattern 1-LICENSES specified in Appendix E of this circular;
b) a copy of the notice requirements in the Professional exams of the industrial property agent by the intellectual organization of the Bureau;
c) 2 Photo 3 x 4 (cm);
d) certified copy;
DD) copies filed charges and fees (filing fees via the postal service or submitted directly to the account of the intellectual property Bureau) ".
11. Amendments, supplements 59.2 59.2 points ". Check register: a) the Only people who would have enough of the conditions specified in points from a to dd item 2 Article 155 of law new intellectual test registration according to the rules at this point.
b) record registration test was submitted to the Bureau of intellectual property include 1 the following kits: (i) 2 a check register declarations, follow the model 05-KTNV specified in Appendix E of this circular;
(ii) a copy of university diploma (to produce a key to reconciliation, unless a copy has been certified);
(iii) documents proving the registration check has been training on industrial property law or had experience in this activity:-copy of certificate training course on industrial property legislation the Ministry of science and technology (present the originals to collate unless a copy has been certified); or-university thesis, graduate students on the subject of industrial property and of certification training facility where the implementation of theses; or-a copy of the decision to recruit or employment contracts and other documents (certified by agencies, organizations where the work) prove the time at least 5 consecutive years directly working on the evaluation of industrial application in the national or international agency of industrial property or the work of industrial property legislation specified in point d account 2 Article 155 of law of intellectual property, including inspection, inspection, prosecution, adjudication, legislation, legal advice on industrial property; scientific research has a research staff title, teaching about industrial property (present a key to reconciliation, unless a copy has been certified);
(iv) 2 Photo 3 x 4 (cm);
(v) a copy of the certificate from the filing fees (filing of case fees through the postal service or submitted directly to the account of the intellectual property Bureau) ".
12. Modify additional 59.5 points, as follows: "59.5. Inspect a) the inspection is held periodically 2/year.
b) test dotted examination by the Board and according to the approved scale.

c) test results are the intellectual property Bureau inform attendees check. Test attendees have the right to request the intellectual property Bureau of Gospel and the Council responsible for examining welfare investigation pursuant to the Director of intellectual property.
The test results are valid only within a period of 10 years for the proposed certification services practice industrial property agent ".
13. Modify the "grouping", "classification" of the Declaration form 01-SC, 03-CODE, 4-NH in Appendix A as follows: additional notes: "If the applicant is not in self grouping, sorting, or grouping, sorting is incorrect then the intellectual property Bureau will do this and the applicant must submit the group service fee , classified according to regulations. "
14. Modify the "application materials" of the Declaration form 01-SC, 03-TKBT, 03-04, EXHIBITED, NH, 05-CDĐL in Appendix A, 1-SĐĐ, 2-CGĐ, 3-YCTĐ in Appendix B, 1-SĐVB, 03-GHVB, 03-04-CDHB, PBVB, 05-KN, 06-07-08, ĐKCĐ, VU ANH INTERNATIONAL-SĐQT in Appendix C, 01-HĐCN , 2-HĐSD, 3-SĐHĐ, 4-CGBB in Appendix D, 01-02-CLCC, LICENSES, 05-KTNV in Appendix E and 1-YCTCSC, 2-YCTCKD and 3-YCTCNH in Appendix F as follows: substitute "documentation of fees" by "copies filed charges and fees (filing fees via the postal service or submitted directly to the account of the intellectual property Bureau)".
15.-Remove the "renewal period" to modified and supplemented the "object required" extension of the sample declaration of 2-GHVB in Annex C, as follows: "-By exclusive industrial designs-the need of renewal: ...-the certificate of trademark registration-The product, service or group needs to renewal : …”
16. Remove the "confirmation of the people's Committee of the communes, wards and towns about the home's resident single address" of the template declarations No. 01-LICENSES and 5-KTNV in Appendix e. Article 2. Modifying, supplementing a number of circular No. 01/2008/TT-BKHCN in 2009 are as follows: 1. To modify the provisions in points b and c section II paragraph 1 as follows: "b) law Subjects of industrial property is the content test mandatory for all specialized expertise.
Who have at least 15 years of continuous work drafting and guiding the implementation of legal documents on industrial property examiner, industrial property, dispute resolution, complaints, accusations, Inspector of industrial property at the State Agency on industrial property research, teaching, the law on industrial property in research and training organization was established and legitimate activities, or advice on the law of industrial property under the name of the industrial property agent shall be exempt from the test subjects of industrial property law.
c) specialised expertise include patent examiners subjects (including helpful solutions) and layout design of integrated circuits, semiconductor industrial design examiners, trademark examiners subjects and geographic indications (including the origin of the goods) and the assessment of other industrial property rights are content checked for specialized expertise.
Who have at least 15 years of continuous work to explain and guide the implementation of the legal provisions, building regulation, directly implement or review of the results of the evaluation (tests) patent application content (including helpful solutions), or industrial design application , or single trademark registration, geographical indications (including the origin of the goods) in the industrial property authorities of the country or internationally, then be free to check the corresponding assessment specialist.
People who have had at least 15 consecutive years directly proceed to establish procedures, enforcement of industrial property rights under the name of the industrial property agent shall be free of 7 specialised expertise corresponds to the area where he had made many of the most incident. "
2. Amendments and supplements to the provisions in clause 4 section II as follows: "4. the registration records to check registration records check including the following documents: 1 a) 2 declarations registered professional assessment examination of industrial property, to follow the form prescribed in annex I of this circular;
b) replica diploma or Graduate University (to present a key to reconciliation, unless a copy has been certified);
c) a copy of the decision or contract labor recruitment and other documents proving the reality of professional activity (present a key to reconciliation, unless a copy has been authenticated), if the registration check request are exempt from the test subjects stated at point b and point c of paragraph 1 of section II of this circular;
d) 2 Photo 3 x 4 (cm);
DD) copies filed charges and fees (filing fees via the postal service or submitted directly to the account of the intellectual property Bureau) ".
3. Amendments and supplements to the provisions in point c of paragraph 6 section II as follows: "within a period of 12 months from the date the test organization, President of the Council informed check test results for test participants and certification of qualified professional appraiser do industrial property according to the form prescribed in annex V of this circular for reaching people requirements for all subjects tested, which clearly specialized expertise corresponds to the test subjects and fixing the time limit for the value of the certificate (do the filing document request the examiner staff Card) is 5 years from the date of issue ".
4. Amendments, supplements the provisions in clause 2 section III as follows: "2. The profile request Cards assessor records request assessor Cards include 1 the following documents: a declaration required) 2 level assessor Cards, follow the form prescribed in annex II of this circular;
b) copy of certificate of qualified professional appraiser do industrial property by the Chairman of the Board-level testing as specified in point c of paragraph 6 of section II of this circular;
c) certified copy;
d) 2 Photo 3 x 4 (cm);
DD) copies filed charges and fees (filing fees via the postal service or submitted directly to the account of the intellectual property Bureau) ".
5. Amendments, supplements the provisions in point c of paragraph 4 section III: "c) prescribed in clause 2 and clause 3 in section III of this circular also applies with respect to reissuance procedures assessor, except the documents specified in point b of paragraph 2 and the term of the Bureau of intellectual property, considering the record is 15 days from the date of receipt of the record ".
6. Amendments and supplements to the provisions in clause 2 section IV as follows: "2. the required profile certification authorities requested records certification authorities include the following documents: 1 a) 2 declarations required certification authorities, follow the form prescribed in Appendix III of this circular;
b) copy of business registration certificate, certificate of registration of scientific and technological activities or active registration for practicing lawyers Organization (to present a key to reconciliation, unless a copy has been certified);
c) a copy of the decision to recruit or employment contract between Organization and assessor of industrial activity for the Organization (to present a key to reconciliation, unless a copy has been certified);
d) copies filed charges and fees (filing fees via the postal service or submitted directly to the account of the intellectual property Bureau) ".
7. Amendments, supplements the provisions in point c of paragraph 4 section IV as follows: "c) prescribed in clause 2 and clause 3 of section IV of this circular also applies with regard to the procedure of reissuing certificate authorities, except the document decided at point b and point c of paragraph 2 and the term intellectual property Bureau Department of science and technology, considering the record is 15 days from the date of receipt of the record ".
8. Replace the Declaration form in annex I, II and III by the prescribed declaration form in annex I, II and III of this circular.
Article 3. Effective enforcement of this circular effect after 45 days from the date of signing./.