DECREE amending and supplementing a number of articles of Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization 30 September 1992;
Based on the Civil Code of 28 November 1995 and resolution on the civil enforcement of the National Assembly session IX, 8;
Pursuant to the law the complaint, report No. 09/1998/QH10 on 02 December 1998;
To contribute to strengthening the protection of full and effective industrial property rights for inventions, utility solutions, industrial designs, trademarks and appellations of origin of goods;
According to the recommendation of the Minister of science, technology and environment, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property (hereinafter the Decree 63/CP) as follows: 1. Article 1 of the Decree 63/CP is modified as follows: "article 1. Purpose, scope of this Decree stipulates the details of industrial property in order to guide the implementation of the regulations on industrial property rights in chapter II and the provisions on transfer of rights of industrial property in chapter III part six of the civil code is the National Assembly of Socialist Republic of Vietnam passed on October 28, 1995.
The provisions of this Decree shall apply only with respect to inventions, utility solutions, industrial designs, trademarks, designations of origin of the goods and does not apply to objects of industrial property. "
2. Article 2 of Decree No. 63/CP are additional clause 8A and 8B as follows: "8A." Affiliate marks "means trademarks similar to each other by the same registered owner to use for the product, the service of the same type, with similar or related to each other, and the duplicate trademark registrations by the same server to use for the products , similar services with each other or are related to each other.
8B. "famous brands" is the trademark used for product, reputable service making it widely known. "
3. Paragraph 4 Article 4 Decree 63/CP be modified the last paragraph and added a paragraph at the end of the clause as follows: "-methods of prevention, diagnosis and cure for people, for animals;
-The process of bringing the biological nature (except for microbiological processes) to plant production, animal. "
4. Point f clause 1 article 6 Decree 63/CP is modified as follows: "f) do not match or are not similar as to cause confusion with trade names of others are protected, or with geographical indications (including the designation of origin of the goods) are protected;"
5. Article 8 of the Decree 63/CP are additional paragraph 3 as follows: "3. the industrial property rights for famous marks arising on the basis of the decision of the competent State agencies for famous brands."
6. Article 9 of the Decree 63/CP be modified and additional paragraph 3 as follows: "article 9. The degree of protection, the registration of the designation of origin of goods, to accept the protection of a trademark registration and recognition of international famous brand ".
1. Degree of protection by the competent State Agency is the only certificate of State confirming the ownership of the subject industry granted diplomas, the copyright of the author's invention, useful solutions, design and validate the volume for the protection of industrial property rights.
The degree of protection in force throughout the territory of the Socialist Republic of Vietnam.
Industrial property Bureau under the Ministry of science, technology and the environment is the competent State bodies.
2. The protection degree type and validity period a) degree of protection of inventions by patent, in force from the date of issue to the end of 20 years from the filing date;
b) protection degree useful solution is Using exclusively useful solutions, effective from the date of issue to the end of 10 years from the date of filing;
c) degree of protection for industrial designs is the industrial design patent, valid from date of issue to the end of 5 years from the date of filing is valid, can be renewed twice, each time consecutive 5 years;
d) degree of protection of the trademark is the certificate of trademark registration, with effect from the date of issue to the end of 10 years from the filing date and can be renewed consecutively several times, each time for 10 years;
e) degree of protection the designation of origin of goods is the certificate of the right to use the appellation of origin of the goods, in effect indefinitely since level.
3. Decides to accept the protection of the designation of origin of goods, trademark registration and international famous brands decided to register the appellation of origin of goods, decided to accept the protection of the international registration of marks, the decision to recognize the famous marks by the competent State agencies issued is the base to confirm the designation of origin respective trademarks, State protection and determine the scope of protection of that object.
Industrial property Bureau under the Ministry of science, technology and the environment is the competent State bodies. "
7. Article 10 of the Decree 63/CP is modified as follows: "article 10. The duration of protection; temporary rights of owner of patent, utility solutions, industrial designs 1. Industrial property rights and rights of author inventions, utility solutions, industrial designs arose on the basis of the degree of protection by the State of protection from the date of issuing of protection until the end of the end of validity period or to the date of termination effect of degree of protection.
Industrial property rights for trademark registration on the basis of incurred international protectorate from international registration is published in the Gazette the international trademark of the Organization the world intellectual to the expiry of the validity of the international registration under the Madrid Agreement.
Industrial property rights for famous marks are protected indefinitely from the date recognized brand is well-known in the decision recognizing the famous brands.
The designation of origin of goods are protected indefinitely from the date the competent State agency decision to register the appellation of origin of the goods, except in the case of appearance of factors do take characteristics prescribed in item 2. e) this Decree 28 Thing.
2. From the date of publication of the petition to grant the degree of protection of inventions, utility solutions, industrial design in the Official Gazette of industrial property up to date protection degree level, if people start using inventions, utility solutions, consistent with the industrial design patent , useful solutions, industrial designs outlined in the application, the applicant has the right to notice of the filing to the person using it know. If the use of inventions, utility solutions, industrial designs continued in use even though it has been reported as above, then after the degree of protection to be granted, protection degree holders have the right to ask the person who used the invention, useful solutions, industrial design pays a sum of money equivalent to the compensation payments for the transfer of rights of use for the respective industrial property objects (licensed) to others in the respective period of time. "
8. Paragraph 1 article 11, Decree 63/CP is modified as follows: "1. The petition to grant the degree of protection is the set of documents showing the applicant's request regarding the issuing of protection of inventions, utility solutions, industrial designs, trademarks, designations of origin of the goods with the content , the scope of protection correlating or registration required the designation of origin of the goods, the famous brand recognition. "

9. Article 13 of the Decree 63/CP be modified title and added paragraph 1 as follows: "article 13. Convert the petition granting patent protection degree the petition to grant the degree of protection of useful solutions and vice versa 1. In the time before the end of the examination, at the request of the applicant, the patent protection degree level may be changed to petition to grant the degree of protection of useful solutions and vice versa. All the data on the date of submission, the priority date of the application are determined by the application before conversion. The applicant must pay a fee to switch.
2. within 3 months from the date of the notice denying patentability inventions, at the request of the applicant, the patent protection degree level may be changed to petition to grant the degree of protection of useful solutions. All the data related to the date of submission, the priority date of the application will not be changed. If the petition for grant of patent protection degree are converted, then the filing fee, the fee for examination has been filed will not be refunded and the applicant must pay a fee to switch. "
10. Article 14 paragraph 3 of the Decree 63/CP are additional account d as follows: "d) every organization or individual business activities in the territory have places corresponding to the origin of goods, the agencies manage the territory corresponding to geographic origin of goods has the right to apply the designation of origin of the goods."
11. Clause 2 and clause 4 Article 18 Decree 63/CP is modified as follows: "2. Any petition to grant the degree of protection has been recognized to be valid are the Bureau of industrial property published on the Official Gazette of industrial property."
"4. The procedure, the time limit for the test forms, test and publish the content menu requires issuing of protection by the Minister of science, technology and regulatory environment."
12. Paragraph 3 Article 23 Decree 63/CP is modified as follows: "3. If the applicant is requested to grant the degree of protection the designation of origin of goods meet the standards to be used in the designation of origin of the goods has been registered, the Directorate of industrial property the certification decision the right to use the appellation of origin of goods , which indicates the name and address of the person to be granted the certificate of the right to use the appellation of origin of goods; the number of single-level qualification requirements of protection designation of origin of the goods, the date of filing; name of organization represented service of industrial property; products bearing the designation of origin of the goods by the person who issued the certificate produced; the designation of origin of the goods, the number of registrations, the number of the certificate. "
13. Article 27 of the Decree 63/CP is modified as follows: "article 27. Complaints concerning the decisions establishing the industrial property rights 1. The following people have the right to appeal the decision, the announcement concerning the establishment of the industrial property rights industrial property Bureau.
a first appeal): the applicant request the issuing of protection have the right to complain to the Director of industrial property about refusing to accept the application, the refusal to grant the degree of protection.
The applicant for the international registration of trademarks under the Madrid Agreement have the right to complain to the Director of industrial property regarding the refusal of protection in Vietnam.
The applicant requested the recognition of well-known trademarks have the right to complain to the Director of industrial property regarding the refusal to recognize the famous brands.
Any third person would have rights and interests related directly to the issuing of protection, accepting the protection of trademarks international registration under the Madrid Agreement or the recognition of well-known trademarks have the right to complain about it to the Director of industrial property.
b. the second complaint), Sue: If you do not agree with the decision to settle complaints by Director of Department of industrial property, the first complaint have the right to complain to the Minister of science, technology and the environment (second complaint) or according to the administrative proceedings.
2. The content of the complaint must be made into text, which must specify the name (family name) and address of the complainant; number, the date of signing, content decisions or announcements were complaints; the number of single-level qualification requirements for protection; the object name need of protection outlined in the application; content, arguments, evidence shows the reason for the complaint; the specific proposal about the repair or the annulment of the decision or conclusion.
3. Time limits complaints are first:-90 days from the date the complaint was received or been notified rejection stated at point a) clause 1 of this article, or-5 years from the date of the degree of protection, the international registration start having effect and the duration of the industrial property rights for famous marks are protected; particularly for the case of industrial property rights are established by the unhealthy motives of people request defines the time limits complaints is the duration of the degree of protection, the international registration takes effect.
Time of the complaint the second time is 30 days from the date of expiry of appeal prescribed in clause 4 of this that first complaint not resolved or from the date of the complaint a second time to receive or know the complaint resolution decision first.
Cases due to obstacles objectively unforeseen, that the complainant did not make the right to complain in the correct time then time has obstacles that are not calculated in the time of the complaint.
4. Time limit for complaints for the first 30 days, the second is 45 days from the date of accepting the complaint. For complex cases, the time limit for complaint resolution the first time can last up to 45 days, the second time up to 60 days from the date of accepting the complaint. The modified time, additional records of complaints are not counted on time.
Complaints are processed according to the procedures prescribed in the law on complaints and denunciation. The complainant must submit the prescribed appeal fee. "
14. Point e clause 2 Article 28 Decree 63/CP is modified as follows: "e) geographic factors decide specific properties are changed to make the properties that take characteristics; in this case, the certificate of the right to use the appellation of origin of the goods and the decision to register the appellation of origin of the goods is suspended effective the same date as determined by the Department of industrial property; "
15. the first paragraph of item 2 Article 29 Decree 63/CP is modified as follows: "2. In effect the degree of protection abandoned fully when the basis for asserting that the degree of protection was not granted in accordance with the provisions of the law in force at the time of issuing of protection with the following reasons "16. Article 30 the Decree 63/CP be modified and additional item 2 as follows: "article 30. The extension of the validity the degree of protection of industrial designs and trademarks 1. The effect of industrial design patent, certificate of trademark registration may be renewed at the request of the patentee.
2. Minister of science, technology and the environment of renewal procedure regulations in force protection degree "17. Point a clause 2 article 31 Decree 63/CP is modified as follows: "a) The petition to grant the degree of protection has been accepted as valid;"
18. Item 2 Article 33 Decree 63/CP is modified as follows: "2. The owner of the international registration of trademarks under the Madrid Agreement has been accepted for protection in Vietnam; The owner of the trademark may be recognized as well-known trademarks; "
19. Article 38 of the Decree 63/CP are the cancellation clause 5 and clause 4 as follows:

"4. The transfer of industrial property rights for the trademarks were not causing confusion about the characteristics or origin of the goods or services bearing the trademark.
The transfer of ownership of a trademark only link is made simultaneously with all the affiliate marks.
The transfer of ownership of the famous brand to ensure maintaining the reputation of the goods or services bearing the famous brand. "
20. Article 41 of the Decree 63/CP is modified as follows: "article 41. The price, method of payment for the transfer of industrial property rights the price, method of payment for the transfer of ownership in the industry due to the two parties to the agreement in accordance with the law on transfer of technology.
21. Article 50 of the Decree 63/CP be amended paragraph 1, paragraph 2 and the additional paragraph 3 as follows: "article 50. The right of prior user inventions, utility solutions, industrial designs 1. If prior to the date of filing the written request by the protection of inventions, utility solutions, industrial designs that have personal, legal or other entities have conducted the use of inventions, utility solutions, industrial design independently with the owner of objects of industrial property, the individual legal or other entities, which have the right to continue use of the range and the volume was used before the filing date ("use rights"). Master degree of protection, the owner of the industrial property objects was not done right to request handling, sue and temporary rights for individuals, legal entities or other entities use before speaking on if the individual, entity or entities that do not expand the scope, volume used compared to before the date of filing.
2. If after the date of filing the request to grant the degree of protection indicated in paragraph 1 of this article an individual legal or other subject, expand the scope, volume of use of the industrial property objects in comparison with the scope, volume of use before the date on which the extensions are not considered in prior use rights.
3. Who has the right to use that right not be delivered to another person, except in the case of transfer of the whole of the previous use right along with the business of the place where the use of before. "
22. Paragraphs 2, 3, 6 and 8 to article 51 the Decree 63/CP be amended and supplemented as follows: "2. The capture of industrial ownership rights only required level licensed involuntarily in the cases specified in article 802 of civil law.
The provisions in clause 1 Article 802 the civil code does not apply to the period before the end of the 4 years from the date of filing the written request by protectionism and before the end of 3 years from the date of issuing.
People were required to grant licensed involuntarily has the right to request the suspension of the validity of the licensed involuntarily when situations lead to the grant of licensed it to terminate and not likely to re-appear, on condition that the suspension of the effect that does not cause damage to the person granted licensed involuntarily. "
"3. The Ministry of science, technology and the environment is the competent body to consider the request to grant licensed involuntarily, the decision required level licensed involuntarily and the decision to suspend effect licensed involuntarily."
"6. in compulsory level licensed involuntarily, Minister of science, technology and the environment to determine what conditions licensed in accordance with the following provisions: a) licensed involuntarily is licensed non-exclusively;
b) licensed voluntary not only limited in scope and duration sufficient to meet target levels of licensed;
c) is licensed not involuntary transfer of right to use under licensed it to another person, except in the case of transfer of business establishments with use of licensed and non licensed secondary level for others;
d) is licensed not voluntarily pay for the licensed level a corresponds to the economic value of the use right under licensed or is equivalent to the price of the transfer of the voluntary licensed under the contract scope and term licensed.
Compulsory level licensed voluntary not published in the Official Gazette of industrial property within 1 month from the date of signing. "
"8. The required level licensed involuntarily complaint decided to grant licensed involuntarily with the Minister of science, technology and the environment.
Who request voluntary non-licensed complaint decided to refuse to accept the request to grant licensed involuntarily with the Minister of science, technology and the environment.
The regulations on the procedure of complaints and complaints provided for in article 27 of this Decree also applied to the complaint with the Minister of science, technology and the environment as specified in this clause, in which the Minister of science, technology and environment was the first complaint resolution.
If does not agree with the decision to settle complaints by the Minister of science, technology and environment, the complainant has a right, or complain to the Prime Minister by law complaints, accusations, or claims under administrative proceedings. "
23. Article 52 of the Decree 63/CP be modified and additional item 2 as follows: "article 52. The acts do not belong to the owner's exclusive industry 1. According to the civil code 803, the unauthorized use of inventions, utility solutions, industrial designs not in the scope of the exclusive rights of the owners of industrial and non-industrial owners made the right to request handling, to sue the provisions of article 36 of this decree with regard to the third person has performed the acts used in the following cases : a) the use of non-business purposes;
b) use the product by the owner of the industrial property objects, people are transferred, the rights granted are not licensed, the person having the right to use the ago launched market, including foreign markets;
c) use solely for the purposes of maintaining the operation of the means of transport of the foreigners are in transit or temporarily in the territory of Vietnam.
2. The provisions of point a) and the appropriate content for the trademarks and appellations of origin of goods specified in point b of paragraph 1) this also applied for trademarks and designation of origin of the goods. "
24. Article 53 Decree 63/CP are the cancellation clause 3 and amend paragraph 1 as follows: "1. The person is not the owner of the industrial property objects make a in the acts of use of objects of industrial property are protected within the time limit specified in article 805 the civil code and has materialized in article 34 of this Decree without permission of the owner of the industrial property objects, and who perform acts that is not people have the right to use the provisions of article 50 of this Decree and the aforementioned usage not in cases stipulated in articles 51 and 52 of this Decree shall be considered as infringement of industrial property rights.
The following behaviors were considered to violate the rights of the owner of the industry: a) the use of industrial designs do not differ essentially with industrial designs are protected;

b) use of a sign identical to a trademark are protected by the certificate of registration of the trademark or the international registration for the goods or services are similar to or related to the goods and services in the catalog accompanying the trademark registration or/and using signs similar to the mark for the goods the service, of the same type, with similar or related to the goods or services in the registration list attached to that label, if such use is likely to cause confusion about the origin of goods;
c) using identical or similar signs with famous brands, or signs as translated, transcribed from the mark for the goods or services, including any goods, services are not of the same kind, not the same with and without regard to the goods or services belonging to the category of goods reputable services, branded, if such use is likely to cause confusion about the source of the goods or the false impression of the relationship between the use of the sign with the holder of trademark may be recognized as famous brand. "
25. Article 55 of the Decree 63/CP is modified as follows: "article 55. The concept of the concepts used in this chapter are understood as follows: "service organization industrial property agent" is the registered business service representatives of industrial property under the law.
"Industrial property representative" means a member of the professional service organization industrial property agent, are industrial property Bureau issued the card industrial property representative.
"Representatives of industrial property" refers to a common service organization industrial property agent or/and industrial property representative. "
26. Article 58 Decree 63/CP is modified as follows: "article 58. Business conditions, practice of the industrial property agent 1. Card-level conditions of industrial property representative of only the individual meets the following criteria may be granted The Card industry: property agent-Vietnam, citizens have the capacity for civil acts in full;
-Resident in Vietnam;
-Have the university diploma, legal or technical professions;
-Graduation certificate training courses on industrial property; or have directly to do the work of legal expertise on industrial property continuously from 5 years or over; or have directly made the work tests the type of industrial property at the national or international agency of industrial property continuously from 5 years or over;
-Have the required certification at a test about the industrial property law of Vietnam by the industrial property Bureau level and are within of value;
-Not the people who are working for the Agency, the State organization is not the business.
2. Business conditions of service representatives of industrial service organization industrial property agent must meet the following conditions:-is established under the law on enterprises;
-No foreign investment capital;
-Functional activity services industrial property representative (in terms of operation and the certificate of business registration);
-At least 2 Professional official membership is representative of industrial property in which one is heads of organizations or are heads of the authoritative organization representing that organization. "
27. Article 59 of the Decree 63/CP be amended and supplemented as follows: "article 2, paragraph 59. Procedure for granting the card on behalf of industrial property and the certification of business registration services of industrial property agent 1. Application-level request Card industrial property representative, considering the menu and Card-level industrial property representative by the Minister of science, technology and environment regulations.
Industrial property Bureau under the Ministry of science, technology and the environment is the competent State agencies issued the card industrial property representative.
2. the competent State agencies of business registration according to the law of business is the authorized agency certificate of business registration services of the industrial property agent for the organization when eligible prescribed in clause 2 Article 58 of this Decree. The Agency said over has the right to referendum by the industrial property Bureau about the ability to meet the conditions of business services to industrial property agent of the business register.
After the certificate of business registration services of the industrial property agent, the Agency issued a certificate of registration to notify the Directorate of industrial property to the industrial property Bureau noted the service organization representing industrial property on the national register.
Personal card list representatives of industrial and service organization industrial property agent is recorded in the registry of industrial property. "
28. Article 61 of the Decree 63/CP is modified as follows: "article 61. Card recovery industrial property representative, revoke the certificate of registration of business services to industrial property agent 1. Card recovery conditions representative of industrial property, the revocation of business registration certificate services industrial property agent a) Directorate of industrial property representative Card recovery of industrial property and remove name from list of industrial property agent in the following situations :-Who was dropped from the Card supply operation of industrial property agent;
-The card no longer meets the criteria listed in paragraph 1 to article 58 of this Decree;
-The card has serious flaws while practicing industrial property agent, doing damage to the legitimate rights of parties to be represented or someone else's, or do damage to the reputation of State organs or/and of the State.
b) In the case of industrial property Bureau, after informing the competent authority granting business registration certificate to the revocation of business registration certificate services industrial property agent or the Elimination of the business services industry property agent (if the Organization did business in other areas) :-the organization no longer meets the criteria outlined in item 2 Article 58 of this Decree;
-The Organization violates the provisions of the law, especially the provisions in this chapter.
The competent authority must be informed of the revocation of business registration certificate services industrial property agent for the Bureau of industrial property industrial property Bureau to remove the name of the Organization revoked the certificate of business registration in the national register.
2. The decision to revoke the certificates over the sign business service representatives of industrial and industrial property representatives are published in the Official Gazette of industrial property.
3. In case the service organization industrial property agent is revoked the certificate of business registration services of industrial property agent, any incomplete procedure by organizations that perform are allowed uninterrupted and party delegates have the right to recover that procedure within 3 months from the date of publication of the decision to revoke the certificates on The industrial property report. "
29. The name of the chapter 7 Decree 63/CP is modified as follows: "Chapter 7: State management of industrial property activity".
30. Article 62 of the Decree 63/CP Article 62 is replaced by the following: "new Article 62. State management of industrial property activity 1. The unified government administration of industrial property activity.
2. The content of State management of industrial property activity include:

a) issued legal documents, policies, strategy, planning, operational development plans of industrial property;
b) organization conducting the procedure of establishing industrial property rights;
c) protect the legal rights of the State, of organizations and individuals in the field of industrial property;
d) organize the implementation of the legal and policy on industrial property;
DD) Organization of activities of industrial property information;
e) operations management consulting services and representation of industrial property;
g) training and build the active staff of industrial property;
h) international cooperation on industrial property;
I) instructions, inspection, checking the implementation of policy, the observance of the law on industrial property;
k) complaints, accusations, handled violated the law on industrial property. "
31. Article 62 and article 66 Decree 63/CP are included into Article 65: "new Article 65. Protect national interests and the interests of society in industrial property activities 1. The establishment and implementation of the industrial property rights are not infringed the interests of the State.
2. The objects of industrial property protection of the State as the owner of the respective industry's organization, State enterprise or organization, business venture capital section of the State. The institutions, enterprises in the said obligation to protect, preserve, develop the value of that property.
3. Inventions, utility solutions suite a) inventions, utility solutions of Vietnam related to defence, national security or have special economic value are considered to be inventions, utility solutions suite.
b) author, owner of industrial property objects and those related to work, filing, examination of petitions for protection, the use of inventions, utility solutions suite is responsible for maintaining the confidentiality of inventions, utility solutions, which according to the regulation on the protection of national secrets.
4. The designation of origin of goods is Vietnam national assets. The right to use the appellation of origin of goods belonging to the owner a certificate of the right to use the appellation of origin of the goods and not be transferred to others in any way.
5. Only the owner of the industrial property objects and only in the new protection period outlined the directions that the product be protected or in its exclusive, including instruction in the form of symbols, on the product, when the ad or when the transaction for the purpose of business.
If the product is manufactured under licensed the stated mandatory instructions about that on the product, when the ad or when the transaction for the purpose of business.
If the product is manufactured in Vietnam by li-foreign gasoline, or trademark bearing can cause the sensation that is the trademark of the foreign or of foreign origin, then forced to write a full (not abbreviated) directions "made in Vietnam" on the product.
32. Article 63 Decree 63/CP be amended paragraph 1, paragraph 2 point e, in the first paragraph 2 and point a of paragraph 3 as follows: "1. The Ministry of science, technology and the environment to help the Government implement the unified functions of State management of industrial property within the country, which has responsibility for the Organization directing the implementation of the regime, the policy, the provisions of the law on industrial property. "
"2. the industrial property Bureau under the Ministry of science, technology and the environment is the State agency responsible for helping the Minister of science, technology and environment, perform the functions outlined in paragraph 1 of this article."
"e) professional level test and Tag level industrial property agent and Manager of professional expertise for the Organization as a service representative about industrial property;"
"3. a) recommendations to Ministers, heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the city measures to materialize the enforcement of the State's policy on industrial property and organized enforcement of these measures; planning and implementation of development plans of industrial property activity of local branches; "
33. Paragraph 2 and paragraph 3 Article 64 Decree 63/CP is modified as follows: "2. The Ministry of finance is responsible, in coordination with the Ministry of science, technology and environment rules on the content and the level of fees and the fees of industrial property, on the management and use of fees and charges."
"3. The Ministry of agriculture and rural development and the Ministry of fisheries is responsible for reviewing the specialty category; determine the area cultivated or produced and characterized the quality of farm produce and fishery products and suggest local people's committees corresponding to the aforementioned area personal guide, related organizations registered the name origin of goods for the specialty; The Ministry of agriculture and rural development is responsible for coordinating with the Ministry of fisheries and the Ministry of science, technology and research environment the Government issued regulations on the protection of the rights of the individual, the organization created crop varieties and livestock breeds new. "
34. Article 65, Decree 63/CP is converted into Article 66, set in Chapter 7 and is modified as follows: "article 66. Handling of administrative violations of industrial property administrative violations of industrial property were processed according to the provisions of Decree No. 12/1999/ND-CP dated 12 March 1999 by the Government on sanctioning administrative violations in the field of industrial property "and the provisions of other relevant laws."
35. The name of Chapter 8 of the Decree 63/CP is modified as follows: "Chapter 8: final provisions".
36. Article 69 of the Decree 63/CP is modified as follows: "article 69. Transitional provisions 1. The petition for protection on the basis of the Ordinance on industrial property rights protection on Jan. 28, 1989 has been filed with the industrial property Bureau before 1 July 1996, including those filed by mail postmarked before that date, continue to be handled under the Ordinance.
2. The degree of protection granted on the basis of the Charter of the initiative, the 1981 patent, Charter of useful solutions, 1988, on trademarks in 1982, the Charter of 1988 industrial design or on the basis of the Ordinance on protection of industrial property rights on Jan. 28 in 1989 continued in effect until the end of the term. After the corresponding validity period, if the degree of protection required renewal procedures shall apply to the provisions in clause 2 article 30 of this Decree, the registration certificate of the trademark and industrial design certificate continue to be renewed. All By patent have a shorter validity period of 20 years were to be extended to the end of 20 years from the filing date.
3. all rights and obligations according to the degree of protection (including the protection degree is granted according to the Ordinance on the protection of industrial property rights on September 28, 1989) and the procedures to maintain, renew, modify, transfer, a dispute related to the degree of protection that applies to this Decree.
4. The protection degree level requirements submitted from 1 July 1996 which have yet to be addressed shall be applied to this Decree. "2. Terms of implementation 1. This Decree takes effect after 15 days from the date of signing.
2. Minister of science, technology and the environment is responsible for guiding the implementation of this Decree.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities are responsible for the implementation of this Decree.