CIRCULAR guiding the implementation of Decree No. 103/2006/ND-CP on 22/09/2006 the Government detailing and guiding the implementation of some articles of the law on intellectual property regarding industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of intellectual property Law on November 29, 2005;
Pursuant to Decree No. 103/2006/ND-CP of September 22, 2006 the Government detailing and guiding the implementation of some articles of the law on intellectual and industrial property;
Pursuant to Decree No. 54/2003/ND-CP DATED May 19, 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology and the Decree No. 28/2004/ND-CP dated 16 January 2004 of the Government revising, supplementing a number of articles of Decree No. 54/2003/ND-CP;
The Ministry of science and technology of guiding the implementation of Decree No. 103/2006/ND-CP of December 22, 2006 by the Government as follows: chapter I PROCEDURES for ESTABLISHING INDUSTRIAL PROPERTY RIGHTS section 1 GENERAL PROVISIONS on PROCEDURE of ESTABLISHING INDUSTRIAL PROPERTY RIGHTS 1. Established base of industrial ownership 1.1. Industrial property rights arise/be established based on the bases prescribed in clause 3 article 6 of the law on intellectual property on 29/11/2005 (hereafter referred to as "intellectual property Law"), the terms of 1, 2, 3, 4 Article 6 of Decree No. 103/2006/ND-CP on 22/09/2006 the Government detailing and guiding the implementation of some articles of the law of property the wisdom of industrial property (hereinafter referred to as "Decree of industrial property") and specific regulations at this point.
1.2. Industrial Property Rights for patent, design the layout of integrated circuits (hereinafter "topographies"), industrial designs and trademarks are established on the basis of the decision of the Bureau of intellectual property regarding the issuing of protection for registered objects. The intellectual property Department has granted the degree of protection is the owner and enjoy rights to industrial property objects in the scope of protection the degree of protection in the record and in the duration of the degree of protection. In the event of dispute, the owner of objects of industrial property have the right to use the degree of protection as a basis to prove their rights without any other evidence.
1.3. Industrial Property Rights with regard to geographical indications be established on the basis of the decision of the Bureau of intellectual property on the certificate of registration of geographical indications for the governing geographical indications.
1.4. the industrial property rights with regard to the international registration of marks under the Madrid Agreement and the Madrid Protocol (hereinafter referred to as "international registration of marks") was established on the basis of the decision to accept a protectorate or a certificate of international registration marks are protected in Vietnam due to the intellectual property Bureau issued at the request of the trademark owner. The decision and the aforementioned certificate has value as a qualification of protection granted to the trademark registration in Vietnam.
1.5. Industrial Property Rights for famous brands are established on the basis of widely used practices makes it become famous without performing registration procedures in intellectual property Bureau. When using the authority and right to dispute resolution with respect to well-known marks, the trademark owner must prove his rights by matching evidence specified in article 75 of the law on intellectual property.
1.6. Industrial Property Rights with regard to the commercial name was established on the basis of legitimate use of that trade name without performing registration procedures in intellectual property Bureau. When using the authority and right to dispute resolution with respect to trademarks, trade name owner must prove their right by the evidence demonstrates time, territories, areas in which the trade name was the subject of that use.
1.7. Industrial Property Rights with regard to business secrets are established on the basis of financial investment activities, intellectual or results of other legal activities to find out, create or obtain information form the business secrets and confidential information without implementation of registration procedures in intellectual property Bureau. When using the authority and right to dispute resolution with respect to business secrets, the subject has a trade secret must prove their right by the evidence demonstrating that the activity in which the information constitutes business secrets are created, find, get and that information security measures.
1.8. The rights against unfair competition be established on the basis of competitive activity practices without performing registration procedures in intellectual property Bureau. When using the right against unfair competition, the subject must prove their right by the evidence instance object, field, territory, time, business related to the operation of competition.
2. single-Owner of industrial property registration 2.1. Application owners of industrial property (hereinafter referred to as the "Server") is the Organization, individuals filing the patent registration, layout design, industrial design, trademarks, geographical indications. When the degree of patent protection, layout design, industrial design, trademark is granted, the application will be recorded as the degree of protection. When the degree of protection to geographical indications is granted, the single was recorded as the registered geographical indication.
2.2. single Host must meet the following conditions on the registration of industrial property rights stipulated in articles 86, 87, 88 of the law on intellectual property, and article 7, 8, 9 of the Decree of industrial property. If it does not meet the conditions for that, the registration of industrial property were considered invalid.
3. Representatives of the home menu 3.1. Single owner may himself or through a legal representative in Vietnam conducted registration of industrial property in intellectual property Bureau under the provisions of this point and point 3 of this circular.
3.2. The organization, the following individuals can represent single-owner: a) for organizations, individuals specified in paragraph 1 to article 89 of the law of intellectual property: (i) where the application is personal: the representative under the law or under the authorization of the owner, service organization under industrial property agent authorized by the single owner;
(ii) where the menu is organized: the representative under the law of a single owner, or person in the organization is represented by a single delegation of law; service organization industrial property agent (under the authorization of the holder); Head of representative office or branch head in Vietnam (if the menu is held abroad).
b) for organizations, individuals specified in paragraph 2 to article 89 of the law of intellectual property: the service organization industrial property agent (under the authorization of the holder).
3.3. When conducting the registration of industrial property, intellectual property Bureau to be dealing with a single owner or legal representative of the owner. The Organization, not the individual in the circumstances stated in point 3.2 of this circular that do represent the single owner were considered representative.
4. Authorized Representative to conduct the registration of industrial property 4.1. The authorized representative and authoritative representation made to conduct the registration of industrial property (hereinafter called "authorization") must conform to the legal provisions of the authorization in the third part of the civil code and the provisions of this circular.
4.2. The authorization must be made into text (Attorney) and must have the following principal contents: a) name (full name), full address of the authorized parties and authorized parties;
b) name (full name), full address of the authoritative alternative or party got re-authorization (if applicable);

c) authorization scope, the workload is authorized;
d) time limits the authorization (authorization certificate has no time limit only ended when the authoritative party claiming termination of authorisation);
e) date of signing the authorization certificate;
g) signature (stating your name, position and seal, if any) of the legal representative of the authorized party (the receiving party and replaced the authorization, the party received re the authorisation, if any).
4.3. Time of the authoritative paper have legal value in dealing with intellectual property Bureau is determined as follows: a) on the Bureau of intellectual property received valid authorization;
b) on intellectual property Bureau accepted the authorization or substitute authorization re;
c) on intellectual property Bureau receive notice changed the scope of the authorization, the authorization termination ahead of time, change of address authorization.
4.4. In the case of authorization or substitute authorization paper, re-authorize only be considered valid if the party receiving the authorization or substitute authorization re-getting parties have committed to responsible for every problem that arises due to the authoritative party done in previous deals with intellectual property Bureau.
4.5. If the Attorney has the authoritative range consists of many procedures independent of each other and the original authoritative paper was submitted to the Bureau of intellectual property then proceed to the next procedure, authorized parties must file a paper copy of the authorization and instructions exactly to the original single authoritative paper there.
5. The responsibility of the unit and representatives of the home menu 5.1. Single server and single agent is responsible for ensuring the integrity of the information and documents provided to the Bureau of intellectual property in the process of registration of industrial property under the following provisions: a) transactional documents must be single-owner himself confirmed by his signature or that of the representative , were confirmed by the Organization (if any). Case should be certified notary or other competent authorities must then be verified according to the regulations;
b) any Vietnamese translation of foreign language documents must have committed the single owner or representative's guarantee is to translate text from the original.
5.2. Server application is responsible for all the consequences and obligations incurred by the representation of the single owners make in dealing with intellectual property Bureau.
5.3. Representatives of a single owner is responsible to the home menu of any consequences due to providing information, declarations are not honest in dealings with the Department of intellectual property, if the damage compensation.
5.4. The following, unless otherwise specified, the single server and single owner's representatives are referred to as "the applicant".
6. Handle the third people's opinions before making a decision to grant the degree of protection 6.1. Since the application of industrial property published in the industrial property Gazette before the decision to grant the degree of protection, any organization, any individual has the right to submit written comments to the Bureau of intellectual property rights, rights of priority registration conditions of protection, and other matters related to the application of industrial property under the provisions of article 112 of the law on intellectual property. The text stated the opinion of third persons is regarded as a source of information for the processing of industrial application.
6.2. within 1 month from the date of receiving the written opinions of third persons, intellectual property Bureau notice of that opinion to the applicant and to determine the maximum duration is 12 months from the date of notification to the applicant responded in writing. After receiving the comments of the applicant, if it deems necessary, the Bureau informed intellectual about feedback to third persons and determine the maximum duration is 12 months from the date of notification to the third reply in writing on that feedback. Intellectual property Bureau handle the opinions of the applicant and a third party on the basis of the evidence, the arguments provided by the parties and the documents contained in the application.
6.3. In case it deems the third person's opinion is unfounded, the intellectual property Bureau not informed of that opinion to the applicant, but must notify the third person about the denial of review comments, have stated the reason.
6.4. In case the opinion of third persons related to the right to register, if found unable to identify the third person's opinion is unfounded or not, intellectual Bureau notified to third persons apply to the Court to resolve. Within a period of 12 months from the date the intellectual property Bureau announced that the third person does not inform about the intellectual property Bureau has filed an application to the Court to solve the intellectual property Bureau considered the third withdrawal comments. If the intellectual property Bureau is notified within the time limit as of the third, the Bureau of intellectual property to pause the application processor to wait for the results of court dispute resolution. After getting the results solve of the Court the application processing will be conducted in accordance with the results.
6.5. The intellectual property Bureau held direct dialogue between the third person and the applicant for clarification over the issue have opposing opinions if it deems necessary and required of both parties.
6.6. The deadline for filing reply comments in respect of third persons not included in the term intellectual property Bureau for implementation of relevant procedures according to regulations.
7. General requirements for industrial property application 7.1. Minimum documentation the Department received only intellectual industrial property application (hereafter referred to as "application"), if the application is filed, when at least document types defined in points a, b and e of paragraph 1 to article 100, paragraph 1 to article 108 of the law on intellectual property and specifies the following : a) for patent application, layout design, industrial designs, trademarks and geographical indications, the required documents to the receiving application include: (i) registration form;
(ii) documentation, samples, information displayed objects of industrial property is registered;
Specifically: for the patent application is the description of the invention; with regard to the application of industrial design is the snapshot, the drawings and a description of the industrial design; for a trademark registration application is a sample of the trademark and goods categories, branded services; with respect to geographical indications registration form is a description of the nature and quality of the particularities of the product bearing the geographical indication and the map of the geographical area corresponding to the geographical indication;
(iii) documents filed charges and fees.
If the lack of one of the aforementioned document, the intellectual property Department has the right to refuse to accept the application.
b) for the registration of collective marks, certification marks, in addition to the documents specified in point 7.1. a on this, it is also required to add the following material: (i) the regulation of the use of collective marks, certification marks;
(ii) A presentation on the nature, the quality characteristic (or characteristics) of branded products (if the trademark was registered as collective marks for products with specific properties or is a trademark of product quality certification or certification marks is the geographic origin);
(iii) a map defining the territory (if the registered trademark is a trademark of geographic origin certification of products).
7.2. The requirement for single a) Invoices must meet the General requirements specified in article 100 and 101 of the intellectual property Law and the separate requirements for each kind of industrial property objects specified in articles 102, 103, 104, 105, 106 of intellectual property Law are detailed instructions at point 23 , 28, 33, 37 and 43 of this circular.
b) To ensure the technical requirements in the handling process, the unit also must meet the requirements of the following form:

(i) each only be required to grant a protection degree and qualifications for protection level is required to be consistent with the object of industrial property indicated in the application;
(ii) any of the documents are to be made by Vietnamese, except the documents can be made to other languages as prescribed in point 7.3 and 7.4 points of this circular;
(iii) all documents of a petition must be presented vertically (separate drawings, diagrams and tables may be presented horizontally) on one side of A4 paper (297 mm x 3kinds), which has four sides, each under margin * margin width 20 mm, excluding supporting documents that the source document is not intended to put on the menu;
(iv) for documents created by the templates required to use the template and fill in the information as required in the appropriate place;
(v) Each type of document if the page includes many of the each page number of that page to write by Arabic numerals;
(vi) the document must be typed or printed by ink hardly faded, in a clear, clean, not erasing, no repair; the cases detected have no significant flaws in terms of spelling errors in the document have been submitted to the Bureau of intellectual property then the applicant can correct the error, but the spot was corrected to have the confirmation signature (and stamp, if available) of the applicant;
(vii) term used in the application should be the common term (not used in dialect, from rare, from self-made). Symbols, units of measurement, electronic fonts, spelling rules used in the application are in Vietnam;
(viii) Application may be accompanied by supporting documentation is electronic data carriers of a part or the whole content of the single document.
c) must meet the full requirements on the number of documents, samples, drawings, photographs and specific requirements for each respective menu type specified in this circular.
d) declarations and other documents of the unit should ensure full mandatory and uniform; Vietnamese translation of the application documents must conform to the original; Attorney must imply the contents of work in the scope of the authorization.
e) object in the menu must be grouped, categorized exactly as prescribed.
g) for the materials required to be certified by the competent authority (the Agency got the first single, the notary, the commissions people...) it must have the seal of that body.
7.3. The following material can be made of other Vietnamese language but must be translated into Vietnamese: a) the authoritative Paper;
b) verification of the registration document if the applicant is the beneficiary of another's registration rights (inheritance certificate; certificates or file transfer deals, including the transfer of the application was filed; assigning contracts or labor contracts, ...);
c) documents proving the priority right basis (confirmation of receipt for single copy (); list of goods and services in the first trademark application; if priority assignment of rights which are beneficiary from others).
7.4. The following material can be made of other Vietnamese language, but if the intellectual property Bureau required it must be translated into Vietnamese: a) a copy of the first application to demonstrate the basis of priority rights;
b) other documents to support the application.
8. the registration fees of industrial property 8.1. The applicant must submit the fees prescribed by the Ministry of finance.
8.2. Charge a fee) When receiving the request or application proceed any other procedure, the Bureau of intellectual property requires the applicant to submit the prescribed fees and examine evidence from the submission of fees attached to a single document.
b) If fees have not been sufficient as a rule, the intellectual property Bureau established the vote report and notify the applicant.
The case the applicant submitted sufficient fees, Department of intellectual level 2 contact receipts of fees, clearly the terms and the level of fees already paid, including the 12 contact sent attached witness from filing fees.
8.3. Reimbursement of fees a) charges and fees already paid are refunded in whole or in part at the request of the applicant in the following cases: (i) fees was filed beyond the prescribed level;
(ii) fees already paid but the corresponding job not being conducted because situations don't happen to make.
b) case accept request a refund of fees, the intellectual property Bureau established the vote report refund of fees, which clearly the level of money, method and sent to the applicant.
c) cases do not accept request a refund of fees, the intellectual property Department to notify the applicant, have stated the reason.
9. Time limit of 9.1. The time limit specified in the law on intellectual property, Decree of industrial property and in this circular are calculated according to the provisions of Chapter VIII of part one of the civil code.
9.2. The time limit for the applicant and the parties proceed with the submission, modification, additional documents or comments may be extended once by the time has to be determined, with the condition that the renewal request must submit a written request to renew before the end of the fixed period and submit the prescribed fee.
9.3. The applicant may request the intellectual property Bureau perform the previous procedure defined period when requested in writing and filed with the prescribed fee. The case of intellectual property Bureau did not accept the request, they must notify the applicant, have stated the reason.
10. Document templates, template protection qualification 10.1. The single document template is specified in the annex to this circular. The applicant must use the template above to set the menu's documentation when conducting the registration of industrial property.
10.2. The form of protection degree types are specified in the annex to this circular. Intellectual property Bureau is responsible for saving the template protection degree was issued to check the legality of the degree of protection is used. Changing the degree of protection templates are only made on the basis of the decision of the Minister of science and technology.
11. The general procedures for all types of industrial application is handling intellectual property Bureau according to the following sequence: single reception; single form assessment; valid single publication; evaluation of simple content (except design layout application does not proceed with the procedure of evaluation of the contents menu); grant or refuse to grant the degree of protection; Register and announced the decision to grant the degree of protection.
12. The submission and receipt of single 12.1. Application may be filed in the Office of the intellectual or other single reception venues managed by the intellectual set. Application can also be sent by post to the location receiving the aforementioned single.
12.2. Upon receipt of the application, the intellectual property Department to check the single document and the reference to the category of documents recorded in the declarations to conclude there is a single reception or not: a single case) have sufficient minimum documentation specified in point 7.1 of this circular, the officer accepting the reception menu , stamp confirming the date of filing, the application number on the Declaration;
b the lack of a single case) in the minimum documentation specified in point 7.1 of this circular, the officers accepting refused to receive or send a single notice of intellectual property Bureau denied receiving unit to the applicant (if the application filed by post). For single denied receiving the intellectual property Bureau, not to return to the applicant the documents menu, but must repay the charges, the fees submitted under the procedure of refund of fees specified in point 8 of this circular;

c) single case be receptive, given the intellectual property Bureau (send) a copy of the Declaration to the applicant which have stamped to confirm the date of filing, the application number and the test results document category indicates the menu name, a signature of receipt. The Declaration was given (send) say on the value instead of the paper receipt.
13. single form assessment 13.1. The purpose, the content of the single form assessment form assessment is to check compliance with the provisions on the form for single, from which the singles draw conclusions have been considered valid or not.
Valid application will be considered next. Invalid application will be rejected (not reviewed).
13.2. Single valid Application is considered valid if it meets the provisions in point 7 of this circular and do not belong to one of the following cases: a) Menu made with other Vietnamese language, except in cases specified in point 7.3 and 7.4 points of this circular;
b) In declarations do not have enough information about the author (for single registration of inventions, industrial design registration form and registration form layout design), about the applicant, representation, no signature and/or seal of the applicant or of the representative; trademark application lacks a category of goods or services; geographical indications registration form does not list the product bearing the geographical indication;
c) Have the basis to assert that the applicant has no right to register;
d) is filed contrary to the provisions of article 89 of the law on intellectual property;
e single) the deficiencies outlined in point 13.3 of this circular affect the validity of the application and even though has been the Bureau of intellectual property requires repair, the applicant still does not fix or repair is not satisfactory;
g) Have the basis to assert that right, clearly stated in the application object is the object not to be State protection as specified in articles 59, 64, 69, 73 and article 80 of the law of intellectual property.
For many single object, if single in the cases specified in point 13.3 points and 13.2. b, c of this circular and the only shortcomings related to one or several objects in the application, the application is considered not valid in part (corresponding to the objects flawed) for the rest, the object is still considered valid.
13.3. Handling the shortcomings of single form assessment period if the application also has the following shortcomings, the intellectual property Bureau informs the applicant and within a period of 12 months from the date of notification, the applicant must have that shortcomings: a) does not meet the requirements of form specified in point 7.2 of this circular (not full copies of some of the types of documents required; application does not satisfy the consistency; application does not meet the formal requirements of presentation; trademark application does not specify the type of the registered trademark, the trademark description deficiency, the Group result of goods, services, the lack of a translation of the document entitled the right of priority, if needed; information about the applicant in the document is not consistent with each other or be erasing or not validated according to the rules ...);
b) Not filed enough filing fee and the fee for a single publication;
c) no attorney or authorization certificate is not valid (if filed through single representative).
13.4. determination of the date of filing the date of filing is determined as follows: a) the date of filing is the date the application of intellectual property Bureau receiving record receive marks in close on the declarations prescribed in point 12.2. a of this circular;
b) for the international application designating or/and choose Vietnam, the filing date is the international filing date.
13.5. Defining the priority date a) If no application required to enjoy the right of priority or even though the menu has asked to enjoy the right of priority, but not the intellectual property Bureau accepted, the application is considered not to be the priority date.
b) if the applicant requires the enjoyment of the right of priority, the priority date (or the priority date) is the day stated in the aforementioned requirements and be approved by intellectual property Bureau.
c) determining the priority date at the request of priority rights based on single (the single) was first filed in Vietnam comply with the principles of the provisions of article 91 of the law on intellectual property and corresponding regulations at points b, c and paragraph 1 article 10 of the Decree of industrial property.
13.6. reporting results the evaluation form, the notice of acceptance of valid single a) if single in one of the cases specified in point 13.2 of this circular or single is also the omission specified in point 13.3 of this circular, intellectual Bureau sent the applicant notice of the intended denial to accept the valid application. In the notice must clearly state the name, address of the applicant; the name service organization industrial property representative (if the application is filed through that organization); the object name stated in the application; the date of filing and the application number; the reason, the flaws meant that singles can be rejected to accept and assign a time limit of 12 months from the date of notification to the applicant of the opinion or shortcomings.
b) valid application cases, the intellectual property Bureau to send to the applicant a single valid acceptance notice, which must specify the name, address of the applicant, the name of the authorized representative (if any) and other information on the subjects mentioned in the application, the filing date, priority date (case entitled priority requests not approved they must clearly state the reason).
13.7. Refuse to accept simple cases the applicant was intellectual property Bureau sent the notice intends to refuse to accept a valid application as specified in point 13.6. a of this circular that the applicant does not fix the flawed or unsatisfactory repairs or have no comments or comments not for objections within the time limit fixed The intellectual property Department, send to the applicant announcing refuses to accept your application and refund the fee, the fee has to be filed concerning the work after the evaluation form at the request of the applicant.
13.8. Time limit for a single form assessment) appraisal form deadline is 12 months from the filing date.
b) If in single form assessment process, the applicant or upon the request of the intellectual property Bureau conducted repair work, additional documents, the time limit for the evaluation forms are extended by the period of time set aside for the repair, addition of documents.
c) before the end of the time limit stated in point 13.8. a on this, the intellectual property Department to complete due diligence on the form menu and send the result to the applicant as prescribed in point 13.6 of this circular.
14. Publication of valid single 14.1. Every approved application is valid are the Bureau of intellectual property published on the Official Gazette of industrial property. The applicant must submit the fee disclosure form.
14.2. The time limit for a single publication) published patent application: (i) patent application published in the 19th month from the priority date or filing date, if the application does not have the priority date or within 12 months from the date of acceptance of a valid application, depending on whichever;
(ii) patent application under the Patent Cooperation Treaty (hereinafter referred to as the "PCT") to be published within 12 months from the date of acceptance of valid application after the application has been on the national stage;
(iii) the patent application disclosure requirements soon to be published within 12 months from the date the intellectual property Bureau received requests for early publication or from the date of acceptance of a valid application, depending on whichever.

b. other orders) published: registration form layout design, the industrial design registration, trademark registration, geographical indications application be published within 12 months from the date of acceptance of a valid application.
14.3. content published menu-related information, including valid for single split is announced in the Official Gazette of industrial property, including the information regarding the valid single officially stated in the notice of acceptance of a valid application, the information concerning the valid single (single transfer single, separated, single-number of the original split ...); Summary of the invention attached to the drawings (if any); the photographs or drawings of industrial design; label template and the category of goods or services; Summary of the specific properties of the products bearing the geographical indication and the name of the product bearing the geographical indication.
14.4. To access information about the valid application was announced everyone can reach the detailed information about the nature of the objects stated in the application to be published in the Official Gazette of industrial property or the intellectual property Bureau requirements provide that information and to file charges provide information according to the regulations.
15. Evaluation of single content 15.1. Purpose, scope of a) the purpose of the evaluation is to assess the application content is likely to be the object of protection outlined in the application under the conditions of protection, determine the scope of protection (mass) respectively.
b) content evaluation procedure do not apply to the application designers layout.
15.2. Using results information to lookup a) during the evaluation of the content of patent application/industrial design application priority, the Bureau of intellectual property can use the lookup results information and evaluation results to the corresponding application filed abroad.
b) applicants can (or at the request of the Bureau of intellectual property) provided the following documents in order to serve the evaluation menu content: (i) with respect to the patent application, the industrial design application: information retrieval results or single evaluation results were filed in foreign countries for the object indicated in the application; A copy of the degree of protection was granted on the basis of uniform application filed abroad; Documents related to the technical status of the objects stated in the patent application that the applicant be competent authority abroad offers and other documents;
(ii) for registration of trademarks, geographical indications application: proof of trademarks, geographical indications were protected in foreign countries, including presentation materials process the use of trademarks, geographical indications and other materials.
15.3 shortcomings, explain the content menu, provide the information a) intellectual property Bureau may ask the applicant to explain the content of the application, provide the information in the scope of the nature of the objects stated in the application, if asked to reveal the full essence of the subject is needed to verify the content menu.
b) All the amendments and supplements to the single document has shortcomings must be made by the applicant himself. Intellectual property Bureau just made the amendment, Supplement, if the applicant has requested in writing. The applicant must submit the revised fees, additional menu according to the regulations. The revised requirements document, single supplement attached to a single document and considered the relevant official document.
15.4. To terminate the appraisal the content ahead of time) In the following cases, the evaluation of the content of single terminated ahead of time: (i) the Application did not clearly the nature of the object: the documents relating to the nature of the object such as a description, the category of goods or services ... There is a lack of information to identify the nature of the content object or the information about the nature of the object of the patent application is not obvious or too brief, too generalized to identify objects require protection;
(ii) does not match the object type of the degree of protection required are level or object not be prescribed protectorate;
(iii) there is reason to affirm surely that subject does not meet one or more of the conditions for protection, so there is no need for reviews of other conditions that could still conclude that the subject does not meet the conditions for protection;
(iv) the applicant does not make the request, explaining the shortcomings of single contents or do not provide the necessary information as requested by the Bureau of intellectual property provisions in point 15.3 of this circular;
(v) the applicant has requested to terminate the evaluation of single contents or have claims withdrawn or abandoned.
b) except in cases specified in point 15.4. a (v) above, the intellectual property Department has the responsibility to send the applicant notice of the termination of the appraisal the content ahead of time, stating the reason for the fixed term and 2 months from the date of notification to the applicant's comments.
15.5. evaluation content recovery menu a) cases the applicant notice of objections in writing to terminate evaluation of single content within the time limit specified in point b of this Circular 15.4., Bureau of intellectual responsibility to consider the comments of the applicant.
b) If comments were accurate, the intellectual property Department to recover the evaluation content and the time for the applicant's comments don't count on the time limit for the evaluation of content.
If comments are not accurate for the intellectual property Bureau, officially ended the single content assessment and notification to refuse to grant the degree of protection. The applicant has the right to appeal this notice under the procedure specified in point 22 of this circular.
15.6. The content evaluation a) content evaluation consists of the application of the following content: (i) evaluate the fit of the objects stated in the qualifications with the required protection is granted;
(ii) evaluate each condition of protection;
(iii) test principle of the first filing.
b) The reviews under the conditions of protection be conducted in turn by each object (if the menu includes many objects that still guaranteed consistency). For each object, the evaluation was conducted in turn by each of the terms of protection: (i) with respect to the patent application, the evaluation was conducted in turn by the point stated in the scope (require) protection;
(ii) with regard to the application of industrial design, the evaluation was conducted in turn with the style of each product (if the single mention of the product); in the case of referring to many then reviews each case start from the basic approach (the first approach outlined in the application);
(iii) for registration of marks, the assessment was conducted in each component of the label for each of the goods and services mentioned in the list of goods and services.
c) the evaluation of content for each object referred to in the point 15.6. b (i), (ii), (iii) above is complete when the reviews of that audience with all conditions of protection and have the sufficient grounds for concluding that the subject does not meet or satisfy the conditions of protection , namely: (i) find reason to conclude the subject does not meet a/some/all of the conditions of protection; or (ii) did not find any reason to conclude the subject does not meet at least one of the conditions for protection.
d) prior notification provided for in 15.7 points. a of this circular, the Bureau responsible intellectual review evaluation results based on a single content check the relevant priority date earlier than the intellectual property Department has received after the start of implementation of the evaluation of the content menu.

15.7. The end of job content evaluation a) announced results of the appraisal the content menu to the end of the time limit for the evaluation of single content specified in point 15.8 of this circular, the Bureau of intellectual property sent to the applicant in one of the following: (i) if the objects stated in the application does not meet the conditions for protection Intellectual property Bureau, announced intention to refuse to grant the degree of protection, which stated the reason for denial, can guide the modification of scope (volume) and fixing a time limit of 2 months from the date of notification to the applicant's comments and respond to requests. The applicant may request the extension of the time limit on prescribed in point 9.2 of this circular;
(ii) if the objects stated in the application satisfies the conditions of protection but also a single flawed then the intellectual property Bureau announced intention to refuse to grant the degree of protection, which stated the flaws of your application and assign a time limit of 2 months from the date of notification to the applicant's comments explain or fix flaws. The applicant may request the extension of the time limit on prescribed in point 9.2 of this circular;
(iii) if the objects stated in the application meet the conditions for protection, or the applicant has corrected shortcomings or satisfactory explanation for comments within the time limit prescribed in the 15.7 points a (i), (ii) above, the Bureau of intellectual property notice intended to grant the degree of protection and a fixed time limit of 12 months from the date of notification to the applicant filed protection degree-level fees, fees announced the decision to grant the degree of protection, the registration fee and the fee for the first year annuity for patent. The applicant may request the extension of the time limit on prescribed in point 9.2 of this circular.
b) If the end of the time limit prescribed in the 15.7 points a (i), (ii) above that the applicant does not fix the flawed or unsatisfactory repairs, no opposing opinions or comments for not accurate, then within 15 days of the end of time Intellectual property Bureau, announced rejection to grant the degree of protection. The applicant has the right to appeal this notice as specified in point 22 of this circular.
c) If the applicant does not file the protection degree level fees, fees announced the decision to grant the degree of protection, registration fee within the time limit specified in point 15.7. a (iii) above shall within 15 days of the end of the respective period, the intellectual property Bureau notice refuse to grant the degree of protection. Particularly for the patent application, if within the time limit specified in point 15.7. a (iii) above, the applicant sufficient protection degree-level fees, fees announced the decision to grant the degree of protection, registration fees but do not pay annuity the first year of using the patent , By exclusively useful solution, then it is still level, but was terminated effective immediately after the date of issuing.
15.8. The time limit for a) time limit for evaluation of single content is determined as follows: (i) 12 months for the patent application from the date of receiving the request to verify the content (if the request is submitted after the date of publication) or from the date of publication (if the request is submitted before the date of publication of application);
(ii) 12 months from the date of publication of application for industrial design registration, trademark application and registration form instructions.
b) If during the evaluation of the content menu, the applicant or upon the request of the intellectual property Bureau conduct the repair menu, additional documents or explanations, the term due diligence extended the content corresponding to the time limit for the applicant to perform the work.
16. The evaluation 16.1 menu again. Evaluation of the application by the opposition after the comments had announced planned levels, intended to refuse to grant a protection degree) the evaluation of the application prescribed in paragraph 4 to article 117 of the law on intellectual property to be implemented in the following cases: (i) the opinion in writing of the applicant submitted to the intellectual property Bureau in the period from the date of the intended message level, intended to refuse to grant protection to the degree before the decision to grant/deny official notice the degree of protection; or comments in writing of the third person with reasonable about has no conditions, reasonable opportunity to express their opinions;
(ii) the opinion referred to in point (i). a 16.1 above are available for base, accompanied by the proof or just lead to trustworthy sources of information;
(iii) reason, evidence of the opinion referred to in point (i). a 16.1 on here other than the arguments and evidence (if any) has been launched in the previous phase, or argument, however, evidence that is not different but not yet answered intellectual Bureau as specified in point 6.2 of this circular.
b) time limit for evaluation of the application by two thirds of the first appraisal period specified in point 15.8 of this circular; for the complex case, there are many details that need to be verified or need expert opinions, the referendum could take but do not exceed term of first assessment.
c) content and assessment procedures are carried out according to the respective rules 15.6 and 15.7 points in point of this circular.
d) the evaluation of the application is only done once.
16.2. The appraisal back due to require narrow the scope of protection the degree of protection where the degree of protection required narrow the scope of industrial property rights protection according to the provisions in paragraph 3 to article 97 of the law on intellectual property, intellectual property Bureau conducted the appraisal back to invoice according to the content procedures specified in point 15.6 and 15.7 points of this circular, provided that the person required to pay the prescribed fees.
17. Amendments/additions/Rip/convert/transfer 17.1 menu. Modified, single supplement a) before the intellectual property Bureau notification refuses to accept valid petition, notice of refusal to grant the degree of protection or the decision to grant the degree of protection, the applicant can proactively or at the request of the Bureau of intellectual property, amendment, addition of the single document.
b) for requests, the addition of the following documents, the applicant must submit a corresponding document has been modified, accompanied by a detailed presentation of modified content than the original documentation filed: (i) A summary description of the invention for patent application;
(ii) drawings, photographs, a description for single registration of industrial designs;
(iii) the trademark Template, the category of goods or services bearing a trademark application for trademark registration;
(iv) A description of the specific properties, a map of the geographical area corresponding to the geographical indication for single registration of geographical indications.
c) modifying the single supplement, not expand the scope of (mass) of protection beyond the content revealed in the description for patent application, industrial designs, the list of goods and services for registration of trademarks and do not alter the nature of the objects stated in the application. If the amendments do extend the scope of protection (mass) or alter the nature of the object, the applicant must submit a new application, and any procedure to be conducted from the beginning.
d) the applicant may request the fixing of errors about the name, the address of the applicant, the author.
e) All require additional amendments must be made in writing by the 01-SĐĐ defined in Annex B of this circular. May require modifications to the same content relating to many single, on the condition that the person required to pay according to the number of the corresponding application.

g) cases the applicant actively modify, Supplement single document after the intellectual property Bureau has announced acceptance of a valid application, the additional amendments made under the said regulation 13.2 points, 13.3, 13.6 of this circular. The modified content, single supplements are published on the Official Gazette of industrial property as defined in point 14 of this circular and the applicant must pay the prescribed application publication.
h) modifying, single supplements, including a change in who is authorized by the applicant, the initiative made or at the request of the Bureau of intellectual property must be made in writing, stating the contents modified, added and attached to the vouchers pay the single supplement, modification. The revised document, single supplements are subject to the corresponding regulations in points 7, 10 and 13 of this circular.
17.2. simple Split a) applicants can proactively or at the request of the Bureau of intellectual property split single (split one or several technical solutions in the patent application, one or some of the industrial designs in industrial design application, one or several components of the mark or a part catalogue of goods , service in the application for trademark registration into one or more new single, called single split).
b single-new single number separator) and was taken on filing of the original application or the priority date of the initial application (if available); published according to the provisions in point 14 of this circular after having notified acceptance of a valid application.
c) for every single split, the applicant must submit the application fee and all other charges, fees for these procedures to be performed independent of the original application, but do not have to submit the required fee to enjoy the right of priority. Single split is the appraisal form and continue to be processed according to the procedure has not been completed for the initial application. Single split must be announced and the applicants must pay if the split single announcement was made after the intellectual property Bureau has announced acceptance of a valid application for the original application.
d) initial Single (after the split) continues to be processed under the normal procedure and the applicant must submit the revised fees, additional menu.
17.3. menu a) conversion before the intellectual property Bureau notice refuse to grant the degree of protection or the decision to grant the degree of protection, the applicant registered inventions can transform requests patentability inventions the patentability requirements of utility solutions or vice versa as defined in point 115 of the law on Article 1 paragraph Ridin on intellectual , on the condition that the applicant must pay the prescribed application conversion.
b) after receipt of a valid application conversion request, the Bureau of intellectual property continues to conduct simple processing procedures to convert the corresponding regulations, but do not perform the procedure conducted for single before requesting the conversion.
c) require conversion, filed after the time limit specified in the point above was not a 17.3 review. The applicant may file a new application, but was retrieved the filing date (priority date, if any) of the original application.
17.4. single transfer before the intellectual property Bureau issued a notice in the specified in point 17.1. a of this circular, the applicant can request the intellectual property Bureau noted the transfer menu for others. The request noted the transfer following the model 2-CGĐ defined in Annex B of this circular and the corresponding provisions in point 17.1 of this circular. In the request to record the transfer application must have documents proving the person be delivered to meet the requirements of the registration authority.
18. Deny, grant, deputies a degree of protection and protective 18.1 qualification level again. Refuse to grant protection to Single degree denied issuing of protection if in one of the cases specified in clause 1 and clause 2 Article 117 of the law on intellectual property. In this case, the intellectual property Bureau conducted the procedure denied issuing of protection according to the provisions in clause 3 and clause 4 Article 117 of the law on intellectual property.
18.2. To grant a protection degree) within 10 days from the date the applicant filed full and timely payment of fees and charges, the intellectual property Bureau conducted the procedure of granting the degree of protection according to the provisions of article 118 of the law of intellectual property.
b) after being granted a degree of protection, if the degree of protection has found flaws then has the right to require the Bureau of intellectual property protection degree repair as defined in point 20.2 of this circular.
c) from the date of the intellectual property Department of the decision to grant the degree of protection, the transfer will not be considered.
18.3. the Deputy-level texts for protection and a protection degree level) where the rights of industrial property owned in common, the degree of protection will only be granted to the first person in the list of applicants. The other joint owners can claim intellectual property Bureau Deputy-level a degree of protection with the condition have to pay Deputies a.
b) In the following cases, the owners of industry was granted the degree of protection/protection degree-certified copy may request the Bureau of intellectual property protection degree level/degree of protection, a Deputy with the condition that the corresponding fees: (i) degree of protection/protection degree-certified copy be lost;
(ii) degree of protection/protection degree-certified copy is damaged, torn, dirty, faded to the point that it cannot be used.
c) asked the Deputy a/protection degree level again unless asked the Deputy a has been embodied in the Declaration of registration of industrial property objects, asked the Deputy a/level of protection degree must be made in writing including the following documents: (i) the Declaration asked the Deputy a/level of protection degree modeled 03-PBVB rules defined in Appendix C of this circular);
(ii) 1 sample labels; 1 the photo capture industrial model drawings overlap with trademark template, the drawing image of industrial design in the original protection degree;
(iii) the authorization Certificate (in case a request is filed through a representative);
(iv) certificate from the issuing fee or fees protection Deputies a degree of protection.
d) handle request Vice a, again the degree of protection (i) within a period of 12 months from the date of the application, the Bureau of intellectual property must consider asking Deputies a/level again the degree of protection. The case asked the Deputy a/level of protection to meet the qualification stipulated above, the intellectual property Department of the decision to grant a protection degree Deputy, decided to grant the degree of protection again and recorded on the register of protection degrees respectively in the national registry of industrial property;
(ii) Deputy content protection texts expressing the full information of the respective protection degree. Contents of the level of protection degree/associate a degree of protection to the full expression of information protection degree/Associate-level protection texts first and must be accompanied by the instructions "A level", "Vice" or "A Deputy again";
(iii) where the required level again, the Deputy-level texts by protectionism does not meet specified in point 18.3. c above, the intellectual property Department reported Deputies rejected a message rejecting again the degree of protection, there is clearly the reason.
19. national registry of industrial property, announced the decision to grant protection 19.1 degrees. National registry of industrial property a) national register of industrial property is the official database of State, publicly, to show the full information about the legal status of the industrial property rights has been established. National registry of industrial property comprises the following types: (i) national register of patents;

(ii) national register of useful solutions;
(iii) national register of industrial designs;
(iv) national register of topographies semiconductor integrated circuits;
(v) national register of marks;
(vi) national register of geographical indications;
(vii) national register of transfer of industrial property rights;
(viii) national register of industrial property agent.
b) national registry provisions 19.1. points a (i), (ii), (iii), (iv), (v) and (vi) above include the items that correspond to each of the degrees of protection, each item includes: (i) information about the degree of protection: number, issuing date protection; the name of the object to be protected, the scope, volume and duration; the name and address of the owner/protection degree people registered geographical indication, the name and address of the author of layout design, patent, industrial designs;
(ii) information about a petition to grant the degree of protection (single number, filing date, priority date of the application, name the service organization industrial property agent-if available);
(iii) all information about modifying the degree of protection, the status effect the degree of protection (annuity, extension of validity, termination of effect, cancel the effect); the transfer of ownership, the right to use industrial property subject; number, date of issue and who are granted associate or diploma level again.
c) national registry specified in point 19.1. (vii) above include the items that correspond to each contract transfer of industrial property rights registered, namely: (i) the information on the certificate of registration of the ownership transfer contracts (number, date of issue);
(ii) information about a registered contract (the name on the contract, where registration, the name and address of the party and the receiving party, transfer object, the scope of delivery);
(iii) information on changes related to the contract (modifications, additions, renewals, cancellations, the termination of effect of the contract);
(iv) information on transfer, termination of transfer of the right to use the invention under a compulsory decision.
d) national registry specified in point 19.1. a (viii) above include items corresponding to each service organization industrial property agent, namely: (i) information on the service organization industrial property representative (full name, trading name, address, record, delete the name modify the information on the service representative organization of industrial property);
(ii) information about a list of industrial property representative of the Organization (full name, permanent address, the number of the certificate of practice of each Member in the list);
(iii) information on the changed list of industrial property representative (new levels, level back, withdraw the certificate of practice ...).
e) The national register due to intellectual property Bureau established and stored as paper, electronic or other media. Any person may also consult the electronic register or request the intellectual property Bureau issued copies or registry excerpts, with the condition to pay the cost of a copy.
19.2. Announced the decision to grant a protection degree) Every decision to grant the degree of protection, the decision to accept the international registration are the Bureau of intellectual property published on the Official Gazette of industrial property within 12 months from the date of decision, after the applicant has filed the fee disclosure regulations.
b) the information to be published as stipulated in point 19.2. a on include the information noted in the respective decisions: a summary of the invention; the photographs or drawings of industrial design; label template and the category of goods or services bearing the mark; geographical indications and geographical indication products.
20. Modification, change the master degree, narrow the scope of protection, maintain, renew the validity degree of protection 20.1. Noting the change of name, address of server protection degree, narrow the scope of protection and modify the description of the nature, the quality, the reputation of the product bearing the geographical indication, a map of the geographical area corresponding to the geographical indications, regulations of use of the collective mark, the regulations use a certification mark) require modification , change the master degree of protection protection degree Holders have the right to request the intellectual property Bureau noted the change in the degree of protection in the following cases: (i) changes in the name, the address of the server that the degree of protection;
(ii) protection degree holder changes (shifting ownership due to inheritance, inheritance, merger, split, joint venture, Association, established a new entity of the same owner, business forms conversion or by decision of the competent State bodies).
The request noted the change of name and address, a change in degree holders for protection fees to modify the degree of protection, the fees announced the decision noted the amended protection degree.
b) request to narrow the scope of protection and modify the description of the nature, the quality, the reputation of the product bearing the geographical indication, a map of the geographical area corresponding to the geographical indications, regulations of use of the collective mark, the regulations of use of the certification marks required narrow the scope of protection as defined in paragraph 3 of 97 Things intellectual Law may include one of the following: (i) the request to modify some details but make no significant changes in the pattern of marks recorded in the certificate of registration of the trademark;
(ii) the requirement to reduce one or some of the goods, service or group of goods or services belongs to the category of goods or services stated in the certificate of registration of the mark without changing the form of the trademark;
(iii) request to reduce one or several independent or dependent in the range (required) in protection By patent, patent of useful solutions;
(iv) the request to remove one or several industrial design projects, one or some of the products in the products stated in the patent of industrial design; request to remove one or several characteristics to create the basic shape of industrial design.
c) written request to modify the degree of protection depending on the content to modify and supplement the provisions in points 20.1. a and b above and 20.1. point specified in point b of paragraph 1 Article 97 of the law on intellectual property, the required documents including the following documents: (i) a request to modify the degree of protection , which stated the request noting the change in the name, the address of the server that the degree of protection, change the master degree of protection, requires narrow the scope of protection or modify the description of the nature, the quality, the reputation of the product bearing the geographical indication, a map of the geographical area corresponding to the geographical indication Regulation, to use the collective mark, the regulations of use of the certification marks, follow the 01-SĐVB specified in Appendix C of this circular;
(ii) the original degree of protection;
(iii) the document confirming the change of name, address (original or certified copy of the decision to change the name, the address; the business registration license has recorded the change of name, address; the other legal documentation proving the change of name, address)-if the content requires modifying the name , address;
(iv) documents the shifting ownership as defined in points 20.1. a (ii) above, if the requirements change home protection degree (documents proving inheritance, inheritance, merger, split, joint venture, Association, established a new entity of the same owner, business forms conversion or by decision of the competent State bodies);
(v) a detailed presentation material content edits;

(vi) 5 label template was modified (if asked to modify details of the trademark); 5 sets of photographs or drawings of industrial design (if required modify design); 2 a description of the nature, the quality, the reputation of the product bearing the geographical indication, a map of the geographical area corresponding to the geographical indication has been modified (if required modify geographical indication); 2 regulations of the collective mark uses, use of the trademark regulations revised certification (if the request modified the collective marks, certification marks);
(vii) the authoritative Paper (if filed the request through representative);
(viii) submit the revised fees vouchers degree of protection, request content appraisal fees narrow the scope of protection, the fees announced the decision to amend the prescribed registration.
A petition to modify the degree of protection may be related to various degrees of protection if the have the same content modification, on condition that the person required to pay the fees for each degree of protection.
d) handle the request to modify the degree of protection within a period of 12 months from the date of the application, the Bureau of intellectual property must consider the request to modify the degree of protection. If it deems the request is valid, the intellectual property Department of the decision to modify the degree of protection, registration and announced the decision to modify the degree of protection on industrial property Gazette. In the opposite case, the intellectual property Department send the notice requirements intended to refuse to accept the amendments, have stated the reason for the fixed term and 12 months from the date of notification to the person fixing omissions or comments. If the time limit specified in the requests do not fix the flaws or shortcomings does not meet the requirements, no opposing opinions or comments for not accurate, then the intellectual property Bureau of notification to refuse the request to modify the degree of protection.
20.2. To repair the flaws in a protection degree) cases detected shortcomings in the degree of protection, the Bureau of intellectual property itself or at the request of the person who discovered the flawed conduct revoked the degree of protection has shortcomings and new protection degree level.
b) protection degree Holders must pay a fee to modify the qualifications prescribed in paragraph 1 Article 97 of the law on intellectual property, if that flawed due to the fault of the degree of protection. If the shortcomings that the fault of the Bureau of intellectual property, the protection degree holders do not have to pay for the repairs.
20.3. Maintain effective 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.
20.4 renewed force a protection degree) 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. Trademark registration certificate can be renewed several times, each time for 10 years.
b) To be extended in force By exclusive industrial design, trademark registration certificate, within 6 months before the patent of industrial design, trademark registration certificates expire, By exclusively industrial design, trademark registration certificate must petition for extension of intellectual property Bureau.
Petition for renewal may be filed later than the deadline specified above but not too 6 months from the date of expiration protection degree and master degree of protection renewal fees plus 10% of the renewal fee for each month late.
c) petition to renew the petition to extend effective protection degree consists of the following documents: (i) the Declaration of renewal requirements in force protection degree, 2-GHVB specified in Appendix C of this circular;
(ii) the original degree of protection (in case of request noting the extension on the degree of protection);
(iii) the authoritative Paper (cases filed through a representative);
(iv) certificate from the renewal fee, announced the decision to extend the registration and renewal decisions degree of protection according to the regulations.
d) processing the petition to extend intellectual property Bureau to consider the petition to renew within a period of 12 months from the date of the application. No single case of deficiencies, the Department of intellectual renewal decision, noted in the degree of protection, registration and publication in the Official Gazette of industrial property.
The Bureau of intellectual property notice intended to refuse to renew, have stated the reason for the fixed term and 12 months from the date of notification to the person requesting the repair of the flaws or the opinion objected, if the petition to renew in one of the following circumstances: (i) petition for extension is invalid or was not properly filed the prescribed procedure;
(ii) the person requesting renewal is not the degree of protection to the respective owners.
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 of notification to refuse the extension.
21. Termination, cancellation effect 21.1 protection degree. Request to terminate, cancel the protection degree of force required to terminate, cancel the effect the degree of protection is handled according to the provisions of article 95 and article 96 of the law on intellectual property, and according to the rules at this point.
21.2. the written request to terminate, cancel the effect a protection degree) in a text may request to terminate, cancel effect to one or more written by protectionism if there is the same reason, the condition that the person required to pay the prescribed fee for each degree of protection.
b) written request to terminate, cancel the effect degree of protection consists of the following documents: (i) a request to terminate, cancel the effect the degree of protection, follow the template 04-CDHB prescribed in Appendix C of this circular;
(ii) evidence (if any);
(iii) the authoritative Paper (cases filed written request through representative);
(iv) explain the reason for the request (stating the degree number, reason, pursuant to law, the content of the proposed termination, cancellation of part or all of the effect the degree of protection) and the relevant documents as defined in 7.2 points respectively, 22.2 and 22.3 of this circular;
(v) documents filed with the prescribed fees.
21.3. Processed request to terminate, cancel the effect a protection degree) where the termination request, cancel the protection degree effect caused by third persons, intellectual property Bureau informed in writing about the third person's opinion for the degree of protection which determine the duration is 12 months from the date of notification to the degree of protection the opinion. Intellectual property Bureau could organize the exchange of ideas between the third person and the related protection degree.
b) on the basis of consideration of the opinions of the parties, intellectual property Bureau decision to terminate/cancel part/whole of effect degree of protection or denial notice of termination/rescission of effect degree of protection according to the provisions in paragraph 4 to article 95 and Article 96 paragraph 4 of the law on intellectual property.
c) If does not agree with the content of the decision to handle the request to terminate, cancel the effect the degree of protection of the intellectual property Bureau, who asked or the parties concerned have the right to appeal the decision or the notice concerned under the procedure specified in point 22 of this circular.

d) decide to terminate, cancel the protection degree effect to be published in the Official Gazette of industrial property and are recorded in the national register of industrial property within 12 months from the date of signing.
21.4. termination, cancellation of the validity of international registration of marks a) with regard to the petition to terminate, cancel the effect of the third persons with respect to the international registration of marks under the Madrid Agreement or the Madrid Protocol, the intellectual content of notice required to terminate, cancel the trademark owners via the International Office , which defines the time limit is 12 months from the date of notification to the trademark owner's comments.
b) decide to terminate, cancel the effect of the international registration of marks submitted to the International Bureau to implement the procedure in relation to the corresponding regulations of the Madrid Agreement or the Madrid Protocol and are published on the Official Gazette of industrial property.
22. Claims and complaints related to the procedure of establishing industrial property rights 22.1. People have the right to complain, object and time limits complaints People have the right to complain to the provisions in article 14 paragraph 1, within the time limits prescribed in clause 4 article 14 of Decree of industrial property have the right to proceed with the complaint procedure and the official announcement of the decision of the Bureau of intellectual property related to the procedure of establishing industrial property rights.
22.2. The complaint a) Every complaint referring to a decision or the notice complained of. A complaint can also refer to many decisions or if the have the same content and reasons to complain, on the condition that the complainant must submit the prescribed appeal fee for each decision and was informed of the complaint.
b) complaints must include the following documents: (i) a complaint, follow the model 05-KN prescribed in Appendix C of this circular;
(ii) explanatory text of the complaint and the evidence argument to complain (stating the reason, pursuant to the law, the content of the complaint, the catalog of evidence, if any);
(iii) a copy of the decision or the notice complained of the Bureau of intellectual property;
(iv) a copy of the decision to settle the complaint (for second time);
(v) the authoritative Paper (cases filed through a representative);
(vi) submit documentation of fees related to the complaint in accordance.
c) evidence is documented (evidence) or exhibits (physical evidence) used to demonstrate, clarify reason to complain. Evidence must meet the following requirements: (i) the evidence may be the foreign language document is accompanied by a Vietnamese translation in the case who has the authority to resolve the complaint required;
(ii) in the case of evidence is documented by the individual, the organization does not have the legal stamp or of individuals, foreign organization name must then be certified agency or competent authority confirmed the signature;
(iii) in the case of evidence is the information (publications, video, ...), then customize each case must specify the origin, the time of release, the publication of the above mentioned documents, or specify the origin, the time of publication of the information is shown on the figure on it;
(iv) physical evidence must accompany the document describe the characteristics that relate directly to the content of the complaint.
22.3. The responsibility of the complainant the complainant must ensure honesty in providing evidence and must bear responsibility for the consequences of providing evidence is not honest.
22.4. To withdraw a complaint at any time), the complainant may submit written notice the withdrawal of a complaint. If the withdrawal of a complaint made by the service organization industrial property agent, the authorisation to withdraw the complaint must be stated in an authoritative paper.
b) Single pulled deemed not filed. The complainant was not repaid and the complaint charges, the fee for appeal was filed.
22.5. accepting a complaint) within 10 days of receiving the complaint, the person who has the authority to resolve complaints should check the application according to the requirements of form and notification in writing to the complainant about the complaint get acceptance or not, which noted on acceptance single or stating the reason for not accepting the application.
b) complaint not be accepting if in one of the following circumstances: (i) the complainant had no right to complain;
(ii) a complaint filed beyond the prescribed time limits;
(iii) the complaint does not meet the requirements specified in point 22.1 and 22.2 points of this circular.
22.6. related Parties a) with respect to the complaint was accepting, who has the authority to resolve the complaint notice in writing on the contents of the complaint to the person who has the rights, benefits directly related ("related parties") and a fixed time limit of 12 months from the date of notification to the person's comments.
b) interested parties have the right to provide the information, the evidence for their arguments within the time limit stated in point 22.6. a on it, who has the authority to resolve claims is responsible for reviewing the information, the evidence that when resolving a complaint.
c) If the above mentioned term that no stakeholder comments, the complaints will be resolved on the basis of the opinion of the complainant.
22.7. decision on complaint resolution a) based on the arguments and evidence of the complainant and the parties concerned, who have the authority to resolve the complaint must make decisions to resolve the complaint within the time limit complaints under the provisions of the law on complaints.
b) before a decision resolving the complaint, the person who has the authority to resolve the complaint to the complainant and inform stakeholders about the arguments and the evidence of the other party is used to resolve complaints as well as the conclusion to resolve the complaint.
c) decided to settle the complaint must have the content as defined by the law on complaints.
22.8. the complaint resolution decision was published on the Official Gazette of industrial property within 12 months from the date of signing.
22.9. The effect of the decision on complaint resolution procedure, defines the rights of industrial property would depend on the results of complaints have also been made on the basis of: a) decided to settle a complaint first, if after the end of the time of the complaint the second time that the complainant did not appeal the second and following the administrative time if the the complaint did not sue the Administration; or b) decided to tackle the second complaint, and the complainant does not sue within administrative regulation or decision has the effect of the Court if the complainant proceeded to sue the administration.
Section 2 PATENT REGISTRATION PROCEDURES 23. Requirements for patent application 23.1. Patent application (application) must meet the General requirements specified in point 7 and 10.1 points of this circular and meets the specific requirements defined at this point.
23.2. the Application must specify the need for protection is a product or a process consistent with the provisions in paragraph 12 article 4 of the law on intellectual property.
23.3. Application to ensure consistency with the provisions of paragraph 1, paragraph 2 Article 101 of intellectual Law and according to the following instructions.
The single is considered to ensure consistency if: a a protection request) single object; or b) requires protection of a group object is engineering, modern creative, only a generic diagram in the following cases: (i) an object used to generate (produce, produced, prepared) the other objects;
(ii) an object used to perform the other objects;
(iii) an object used to use other objects;

(iv) the objects belonging to the same format, with the same function to ensure the same result is obtained.
23.4. Event basis (information, evidence) to cast doubt on the authenticity of the information on the form, the intellectual property Bureau may require the applicant to submit documents to verify the information within a period of 12 months from the date of notification requirements, particularly the verification of documents, legal registration if the applicant is the beneficiary of the right to file others (inheritance rights certificate, certificate or agreement on the transfer of the right to file; the delivery contract or labor contracts, ...); documents showing the results of testing drugs on the human body, animals or plant stated in the description (when the required object is the protection of pharmaceutical products for people, animals or plants).
23.5. The requirement for the Declaration the applicant must submit 2 copies of the Declaration form 01-SC prescribed in Appendix A of this circular. In the "international patent classification" in the Declaration, the applicant needs stated classification index technical solutions need protection under the international classification of patents (the Strasbourg Convention) were the Bureau of intellectual property published on the Official Gazette of industrial property. If the applicant is not classified or categorized incorrectly, the intellectual property Department will sort and the applicant must pay a service charge according to the classification rules.
23.6. The requirement for a description of the patent applicant must submit 2 a description of the invention. A description of the invention must include a description of the invention and patent protection scope.
a) description in the patent description should reveal completely the nature of the technical solution is registered. In a description must have sufficient information to base it on that, any person who has an average understanding of the field of the corresponding engineering can make that solution; to clarify the new calculation, the level of creativity, possibility of industrial application of technical solutions (if the degree of protection required is granted By patent); clarify the novelty and industrial applicability of the technical solution (if the degree of protection is to be granted By request exclusively useful solution).
People have an average knowledge of the technical field respectively is understood who has the skill and technique practice knows the common general knowledge in the technical field.
b) the description should include the following content: (i) the name of the invention: performed an abbreviated object or the object to be registered (hereinafter referred to as the "object"); name of the invention must be revocable and not short promote or advertising;
(ii) use of the invention field: the field in which objects are used or related;
(iii) the technical status of the field of use of the invention: the situation in the field technical talk on at the time of filing (the same object already know, if any);
(iv) the technical nature of the invention: the nature of the object, which must specify the signs (characteristics) that make up the object and must indicate the marks (characteristics) are new in comparison with similar technical solutions already know;
(v) a brief description of the drawings (if any);
(vi) a detailed description of the implementation of the invention;
(vii) the example implementation of the invention;
(viii) the benefits (efficiency) can be achieved.
c) scope of protection of inventions (hereinafter referred to as the "scope of protection" or "request for protection") (required) scope of protection are used to determine the scope of industrial property rights for inventions. Range (request) protection must be presented concisely, clearly, in accordance with the description and the drawings, which must clarify these new signs the request object's protection (hereafter referred to as "objects") and must conform to the following rules: d) scope (requirements) for protection must be a description of fully illustrated , including the basic technical signs are necessary and sufficient to identify the object, in order to achieve the goal and to distinguish objects with a known object.
e) technical signs in the range (required) protection must be clear, precise and accepted in the technical areas respectively.
g) range (required) of protection was not cited to the description and drawings, except where the Institute lead to the part cannot be described in words, exactly like the nucleotit sequence and amino acid sequence, diffraction map, status schema .... h) if single drawing illustrates the required protection of the signs mentioned in scope (requirements) of protection can enclose the number only lead, but to put in parentheses. The number of this instruction are not considered limiting the range (required).
I) range (required) protection should (but not required) be made into two parts: "the limit" and "discrimination", including: "the limit" which includes the object name and the sign of the object that coincides with signs of a known object and is connected with "discrimination" by the phrase "different in that" or "characterized in that" or equivalent words; "Discrimination" includes the different signs of the object compared with the known audience for this and other signs associated with the sign of "the limit" constitutes the required object.
k) scope (requirements) of protection can include one or more points. In that range (required) protection of many points can be used to express an object need to be protected, with the first point (called points) and score (points) next to materialize points (called points); or a group of objects requested are protected, with some independent points, each point represents an independent object requested is protected in that group, each point of this independence can have a score (the score).
l) the points of the range (required) protection must be numbered consecutively with Arabic numerals, followed by a dot.
m) range (required) protection of many points used to express a group object must meet the requirements: the independent, separate objects, are not cited to the other points of the range (required) for protection, unless the lead Institute which lets avoid the repetition of content completely different points; the points depend must be made immediately after the point of independence which they depend.
23.7. Summary of requirements for patent applicants to file 10 patent summary. Summary of the invention was used to describe in a nutshell (no more than 150 words) about the nature of the invention. The summary must reveal the contents are mainly about the nature of the technical solution for the purpose of information. The summary can be painting, characteristic formulas.
23.8. Additional rules for patent application related to biotechnology a) in addition to the General requirements for the description of the patent regulations in point of this circular, 23.6 for the patent application on gene sequences or partial sequences of genes, the description must contain a sequence listing genes are expressed under WIPO Standard St. 25 section 2 (ii) (standard Express catalog order nucleotit and amino acid sequences in patent application).
b) intellectual property Bureau may require the applicant to submit electronic information carriers (e.g. diskettes, optical drives ...) be read by electronic means in that records the sequence nucleotit and amino acid sequence identical to the category the sequence outlined in the description.

c) for patent on/related to the biological material can not be described or cannot be fully described to the extent that people have an average understanding of the field of biotechnology could make the invention is only considered to be revealed in full if it meets the following conditions (i) samples of the biological material has been submitted at the Agency retains authority under the provisions of this circular 23.9 points no later than the date of application;
(ii) In the description there stating the necessary information about the characteristics of the biological material to which the applicant may have been;
(iii) In the Declaration has clearly retained authority for biological materials, keeping of samples of biological material has been submitted by the agency-level retention and document confirming this information be submitted to the Bureau of intellectual property within the time limit of 16 months from the priority date , or no later than the filing date requirements announced early application (if available) according to time sooner, except cases specified in point 23.9. d of this circular.
d) where the applicant is not the person who submitted the biological materials, in the Declaration must clearly state the name and address of the person who submitted the document and validate the use of legally biological material is filed with the intellectual property Bureau within the time limit of 16 months from the priority date , or no later than the filing date requirements announced early application (if available) according to time sooner, except cases specified in point 23.9. d of this circular.
23.9. biological material samples submitted a) the purpose of the submitted samples of biological materials is intended to serve the process of evaluating the content of patent applications relating to biological material.
b) Templates for biological material must be submitted to the competent organs stored biological material no later than the date of filing the patent register concerning biological material.
c competent authority) stored biological material is the Agency in Vietnam or abroad by the Ministry of science and technology or to acknowledge about the function stored biological material.
d) The deposit of samples of biological material and the document confirming the international application for patent is made under the provisions of the Patent Cooperation Treaty (PCT).
e) for samples of the biological material filed at the Agency kept abroad, intellectual property Bureau may require the applicant to submit additional material samples stored in a competent agency kept in Vietnam if it deems it necessary to clarify the nature of the object being requested for protection or to meet the requirements of third parties on the access to that object.
23.10. additional provisions for the application of inventions relating to pharmaceutical products in addition to the General requirements for a patent description specified in point of this circular, 23.6 for the patent application relating to pharmaceutical products, the description must be outlined the results of the clinical trials and pharmacological effects of pharmaceutical products must include at least the following information: a) the substance/mixture is used;
b) methods (System) test is used;
c) test results;
d) correlation between the results of pharmacological effects obtained in the test with the practical application of pharmaceutical products in the room, the diagnosis, the treatment of the disease.
23.11. Additional rules for patent application related to genetic resources or traditional knowledge in addition to the General requirements for the patent application specified from 23.1 points to 23.7 points of this circular, the patent application related to genetic resources or traditional knowledge must also have the presentation document of the source of genetic resources and/or traditional knowledge of systems in which the author or patent applicants have access, if the invention is directly based on the genetic resources and/or traditional knowledge. If the author of an invention or the applicant does not identify the source of genetic resources and/or traditional knowledge must then specify as such and is responsible for the truthfulness of it.
 
24. The evaluation forms, published patent application procedures and appraisal forms, published patent application made under the General procedure prescribed in point 13 and point 14 of this circular.
25. Evaluation of patent application content 25.1. Asked to appraise the content of patent application a) the applicant or any third persons would also have the right to request the intellectual property Bureau conducted the evaluation of the content of patent application under the provisions of article 113 of the law on intellectual and materialized as follows (i) require the evaluation of patent application content must be in writing to follow the form 03-YCTĐ defined in Annex B of this circular or embodied in the Declaration of patent application (if the requester is the applicant and requested it be given immediately upon filing);
(ii) request the appraisal the content of patent application must be filed within a period of 42 months from the priority date, if in the application that requires the patentability of inventions, or within a period of 36 months from the priority date if the patentability requirements useful solutions; The time limit for filing the request for content evaluation may be extended, but not more than 6 months if there is reasonable;
(iii) the person requesting the evaluation of content to submit patent application fees and charges prescribed content evaluation; If asked to appraise the content is filed later than the fixed time limit, the person required to submit more renewal fee as specified in point b of this circular 20.4.; If no evaluation fees submission content, content assessment requirements submitted to the intellectual property Bureau is considered invalid and the intellectual property Department will not conduct the appraisal the content menu.
b) requires evaluation of the content of patent applications filed after the date of publication is published in the Official Gazette of industrial property in the second month since the date of the request; If the request is due to third persons the request which was notified to the applicant.
Asked to appraise the content of patent applications filed before the date of publication is published together with the invoice.
c) cases there submits content assessment requirements within the time limit specified in point 25.1. a on this single, deemed to be withdrawal at the end of that period.
25.2. Order procedure for content evaluation the evaluation content of the patent application are conducted according to General order specified in point 15 of this circular and under specific regulations at this point.
25.3. Reviews the fit between the objects stated in the application and type of patent protection to a degree) the object stated in the patent application were considered not suitable for patent protection qualifications which applicants request was granted (By patent/patent useful solution) if that object is not a technical solution the specific, not the product or process. How to identify technical solutions are prescribed in point 25.3. b below.
b) technical solutions-the object to be protected under the patent is-necessary and sufficient is a collection of information about how the technical and/or technical means to solve a task (a problem).
Technical solutions can belong to one of the following formats:

(i) products as objects (Tools, machinery, equipment, components and electrical circuits ...) are represented by a collection of information identifying an artificial product is characterized by the signs (characteristics) of texture, that product has the function (the function) as a means to meet a definite human needs; or products in the form of nature (material, material, food, pharmaceutical, ...) are represented by a collection of information identifying an artificial product is characterized by the signs (characteristics) of the presence, the ratio and the status of the element, the function (the function) as a means to meet a definite human needs; or products in the form of biological material (gen, of plant/animal GMO ...) are represented by a collection of information about a product containing genetic information being transformed under the action of man, capable of reproducing themselves;
(ii) process (process technology; diagnostic, prediction methods, check processing, ...) are represented by a collection of information that determines how to conduct a process, a specific work is characterized by the signs (characteristics) of the order, conditions, participants, methods the media, perform the operation in order to achieve a certain purpose.
c) stated in single objects are not considered technical solutions in the following cases: (i) the subject stated in the menu are just ideas or intent, only (most recent) problem that is not the way to solve the problem, can't answer the question "how" or/and "by what means";
(ii) problems (tasks) are set out to solve the technical problem is not and cannot be solved by technical knowledge;
(iii) The natural product, not the product of human creativity.
25.4. Reviews the possibility of industrial application under the provisions of article 62 of the law of intellectual property a) technical solutions indicated in the application are considered to be "can be done" if: (i) information on the nature of the solution along with the instruction on the technical conditions needed to be presented in a clear , full to the point of allowing people to have an average understanding of the field of the corresponding engineering can create, produce or can use, exploit or make that solution;
The concept of "person with average knowledge of the technical field" be understood as defined in point a of this circular 23.6.;
(ii) the creation, the manufacture, use, exploit or make the solution mentioned above can be repeated with the same results, and the same with the results stated in the patent description.
b) technical solutions were considered not capable of industrial application in the following cases: (i) the nature of the object or the object implementation goes against the basic principle of Science (for example, do not follow the principle of conservation of energy ...);
(ii) objects includes the elements, components do not have the technical relationship with each other or can not contact (pairing, binding, dependency ...) are together;
(iii) the object that contains an internal contradiction;
(iv) can only be performed for the object in a limited number of times done (can not be repeated);
(v) to make the solution, the implementation must have special skills and skills that cannot absorb or only to others;
(vi) the results obtained from the implementation of heterogeneous times together;
(vii) other results obtained with the results stated in the application;
(viii) absolutely no or missing the most important instruction to implement solutions;
(ix) in The case of other reasons.
25.5. Reviews the new properties according to the provisions of article 60 of the law on intellectual property a) mandatory minimum information Sources to assess the novelty of technical solution outlined in the application, at least to check the information in the resources required for the following (but not limited to the minimum that source in the lookup) (i) all of the patent application have been intellectual property Bureau received the same classification index with the index of the sort object stated in invoices being appraisers to subclass index (index of the third class) and the publication date is earlier than the date of filing or priority date of the application being verified;
(ii) The patent application or the patent protection degree due to the Organization, other Nations announce, within 25 years before the date of filing or priority date of the application being verified (if single enjoy priority rights) stored in patent databases are available at the Directorate of intellectual property, and other sources of information because the Bureau of intellectual property regulation , with the range lookup in 25.5. a (i) above.
In case of necessary and possible, the study was extended to scientific reports, report the results of the programme, research studies and other materials in the same technical field are published and stored at the Center for information science and technology in the country.
b) purpose the purpose of the lookup information lookup is finding technical solutions have similar nature or overlap with the technical solution articulated in the application.
In this point: (i) the two technical solutions are considered the same when all the signs (characteristics) basically the same or equivalent (substitute for each other);
(ii) the two technical solutions are considered similar when most of the signs (characteristics) basically the same or equivalent (substitute for each other);
(iii) "technical solutions for" technical solution is identical or similar to the technical solution articulated in the application;
(iv) "document" is a document described technical solutions for evidence or evidence of technical solutions for the certificate was revealed publicly.
c) reports results lookup lookup information must be made in the report reference, which must specify the field, lookup, lookup range search results in that range (statistics of technical solutions for evidence found, specify duplicate signs, confronting document name , the page number, line number, the source document and the publication date of the documentation) and to raise them to the name of the reporting (lookup).
d) assessing the novelty of technical solutions for assessing the novelty of technical solution outlined in the application, to conduct the comparison of the signs (characteristics) of basic technical solution with the indication of technical solutions for the certificate is found in the lookup process information; in which: (i) the basic signs of technical solutions may be the functional characteristics, uses, texture, composition, link ... along with the other basic markings form a set of necessary and sufficient to identify the nature of the (content) of the object;
(ii) The basic signs of technical solution outlined in the application, in the degree of protection is expressed in the range (required) patent protection;
(iii) The basic signs of technical solutions outlined in other documents be made and discovered by the document description or the form of expressing the fact that technical solution.
e) conclusions on the novelty of a technical solution corresponding to a point of the range (required) for protection, the technical solution outlined in the application are considered new compared with the level of engineering in the world if: (i) found no technical solution in the process of retrieval of information; or

(ii) Have found evidence for technical solutions but technical solutions outlined in the application has at least one basic indication not in confronting technical solution (and signs which are called the basic signs of difference).
25.6. innovative assessment according to the provisions of article 61 of the law on intellectual property a) mandatory minimum source of information when evaluating the level of innovative technical solutions, at least to check the information in the source is required (but is not limited to the minimum that source in the lookup) specified in point a of this circular. 25.5.
b) creative assessment the assessment of the level of innovative technical solutions outlined in the invoices are made by evaluating signs (signs of) basic differences outlined in the range (required) to draw conclusions: (i) signs (signs of) basic differences as was revealed in the mandatory minimum information source or not , and;
(ii) collection of basic signs have been considered to be obvious to the average knowledge of the technical field respectively.
with a score in the range (required) for protection, the technical solutions considered innovative level if putting the basic signs of differences on the set of the basic signs of technical solutions is the result of creative activity and is not the results of common knowledge in the technical field.
c) In the case of the following (but not only in that case), corresponding to a point in the scope of protection, the technical solution was deemed not qualified creative: (i) collection of basic signs with obvious differences (anyone have an average understanding of the field of the corresponding engineering also know that to perform the intended function or to achieve the intended purposes necessary to use a set of signals and vice versa when using a set of signs that the necessary to achieve the purpose or perform the corresponding function);
(ii) collection of different basic signs have been revealed as identical or equivalent in a/some technical solutions that already know in mandatory minimum information sources;
(iii) technical solutions is a simple combination of the known technical solutions with the function, purpose and effect is also the simple combination of function, purpose and effect of each technical solution known.
d) In this point: (i) two signs are considered identical if the have the same nature;
(ii) the two signs are considered equivalent if there is a similar substance with the same purpose and the way of achieving the goal is basically the same.
25.7. test principle the first filing under the provisions of article 90 of the law on intellectual property before the decision to grant the degree of protection, the intellectual property Department to check the first filing rules for the patent application has to be appraised of the content and was concluded to meet the conditions for protection , according to the following rules: a) mandatory minimum information Source to test the first applicant principle, at least to check the information in the resources required for the following (but not limited to the minimum that source in the lookup): all the patent application have been intellectual property Bureau received (as of the time of checking) has the same distributed index the type of classification index with the object stated in the application being verified-to subclass index (index of the third class) and the date of filing or priority date earlier than the date of filing or priority date of the application being verified (if single entitled priority) that has not been published or have on announced later than the date of filing or priority date of the application are be appraised (if single entitled priority);
b) the purpose of the study is to find out (the) same patent application and determine the application filing date or the earliest priority date;
c) in the case of many of the same patent application, then the degree of protection can only be given for valid application has the priority date or the earliest filing date of the application meets the conditions to be granted a degree of protection;
d) in the case of many of the same patent application jointly meet the conditions to be granted a degree of protection and have the same priority date or the earliest filing date, the same degree of protection could only be granted for a single one of these that according to the agreement of all of the applicant; If not then all are denied protection degree level;
e) in the case of applicants of patent registration required enjoy the right of priority on the basis of the first registration of the same invention has been filed in Vietnam, the degree of protection could only be granted for patent application entitled priority requests have been accepted and the first application was filed in Vietnam were regarded as withdrawal.
25.8. reporting results evaluation of The result notification content evaluation contents of patent application was conducted according to the common procedure provided for in 15.7 points. a of this circular.
26. The level, register, published by the patent, the patent of useful solutions to the decision-making procedure, register, published by the patent, the patent solution was made under the General procedure prescribed in points 18 and 19 of the point of this circular.
27. Processing of international patent application 27.1. The agency receiving the application the Agency has the authority to receive the international patent application in Vietnam's intellectual property Bureau.
Intellectual property Bureau is responsible for: a) accepting Vietnam origin international;
b), the international filing fee and the prescribed fee to the applicant moved for the International Bureau and the international lookup agency under the provisions of the Patent Cooperation Treaty-PCT (hereinafter referred to as "the Treaty");
c) check the fee has to be filed on time or not;
d) test and single processor origin Vietnam international under the provisions of the Treaty;
e) determines the required object of protection: If the object of the protection requirements in an national secrets are not carried forward to the next job, and the fee will be refunded to the applicant, unless the fee is submitted and the fees of the international stars;
g) send a single (the record) of Vietnam origin international for the International Bureau and one copy (a reference) to the international lookup;
h) send and receive messages from the applicant and from the international body.
27.2. The language of the International Application the source submitted to Vietnam intellectual property Bureau must be made in English. Each is made up of 9 a.
In the case of insufficient number of a regulation, the Directorate of intellectual stars more for the number of copies required and the applicant must pay a fee of international stars.
27.3. The organ retrieval and international preliminary examination in respect of the international application originating international Vietnam, international study agencies and the agencies of the international preliminary examination authority is the Agency, patent Agency of industrial or intellectual property of Australia-li-a , Austria, Russia, Sweden, South Korea and the European patent.
27.4. the International Application designating Vietnam a) If the international application specified intellectual property Bureau, then Vietnam will be the specified Agency. In this case, to be on the national stage, within 31 months from the priority date the applicant must submit to the Bureau of intellectual property: (i) a request to register, follow the 01-SC prescribed in Appendix A of this circular;

(ii) a copy of the international application (in case the applicant requests to national stage before the date of international publication);
(iii) A Vietnamese translation of the international application: a description, including the description, claims, drawings and caption summary (a published or original filed initially, if the application has not yet been announced and the revision and the revised joint interpretation, if the international application has modified by article 19 of the Treaty);
(iv) the fees and charges.
b) International Application filed at the intellectual property Bureau within a period of 6 months from the end of the time limit specified in point 27.4. a on here can be accepted provided that the applicant filed the prescribed fees.
27.5. International menu has chosen Vietnam a) If the international application has chosen Vietnam, the intellectual property Department will be the selected Agency. In this case, if the choice of Vietnam was conducted within 19 months from the priority date, to be on the national stage, within 31 months from the priority date, the applicant must submit to the Bureau of intellectual property the following documents: (i) the Declaration of patent registration requirements , follow the 01-SC prescribed in Appendix A of this circular;
(ii) A Vietnamese translation of the international application: a description, including the description, claims, drawings and caption summary (a published or original filed initially, if the application has not yet been announced and the revision and the revised joint interpretation, if the international application contains amendments under article 19 and/or article 34 (2) (b) of the Treaty);
(iii) A Vietnamese translation of the annex to the report of international preliminary examination (upon request substantive examination);
(iv) the fees and charges.
b) International Application filed at the intellectual property Bureau within a period of 6 months from the end of the time limit specified in point 27.5. a above may be accepted provided that the applicant submits the prescribed fee.
27.6. The request enjoys priority in order to enjoy the right of priority, the applicant must confirm that, in the Declaration, filed charges claiming the right of priority and at the request of the Bureau of intellectual property, to be paid out of the Vietnamese translation of the documents already filed with the International Bureau the documents required under rule 17.1 (a) of the regulations to enforce the Treaty.
For the PCT, the processing required to enjoy the right of priority consistent with the PCT Treaty and regulations to enforce the Treaty.
27.7. Handling the international application in the national phase a) amends and supplements the document in line with national phase Rule 51bis of the enforcement rules of the Treaty, the applicant must submit the paper authorisation rights assignment, the applicant in the international phase (if any) within 34 months from the priority date.
Accordance with Article 28 and Article 41 of the Treaty and rule 52.1 78.1 (b) and (b) of the regulation on implementation of the Treaty, the applicant can modify, supplement the documents of the national stage. Right at the moment on the national stage, the applicant may also modify, add a description. The amendments and supplements to the said match specified in point 17 of this circular.
The additional documentation, modified by the applicant submitted to the Bureau of intellectual property must be made by Vietnamese.
b) time of beginning of the national phase start point handle international application designating Vietnam or select Vietnam in the national stage since the first day of the second month thirty-two from the priority date, if the applicant does not have the required documents to the national phase earlier than the deadline stated above.
c) evaluation of international menu after entering the national phase, the international application is the evaluation form and content evaluation following the procedure prescribed for the patent application. If the applicant has the required evaluation text menu ahead of time and submit the prescribed fee, the international application will be verified before the deadline specified in point 27.7. b on this match with the provisions of article 23 (2) of the Treaty.
d) the International Application is considered withdrawn ignore those cases deemed withdrawal under the provisions of the Treaty and the regulations to enforce the Treaty, in the case of the national fees not be filed with the intellectual property Bureau or no Vietnamese translation after the expiry of regulation international application, specify or choose Vietnam will be treated as withdrawal.
27.8. Fees international registration a) international applicants to the national stage must pay the prescribed fees for the patent application filed directly in Vietnam.
b) international applicants are native Vietnam to pay the fees, the fees prescribed by the regulations to enforce the Treaty and circular guide mode, submission, management and use of fees of industrial property of the Ministry of finance.
Section 3 PROCEDURE for REGISTRATION of LAYOUT DESIGN 28. Requirements for design layout application 28.1. Design layout application (application) must meet the General requirements specified in point 7 and point 10 of this circular and meets the specific requirements defined at this point.
28.2. The documentation, samples, information design layout expression specified in point 7.1. (ii) of this circular includes: a) The snapshot or the design layout drawings, including 11 of Ministry;
b) form integrated circuits produced by design layout, includes templates, if layout design has been exploited commercially;
c) A description of the integrated circuit manufactured by design the layout, including the information in order to clarify the nature of the design layout.
28.3. Unit must ensure consistency as specified in paragraph 1 to article 101 of the law on intellectual property, namely the only protection required only a design layout of a semiconductor integrated circuit.
28.4. the base case (evidence) to cast doubt on the authenticity of the information stated in the application, the intellectual property Bureau may require the applicant, within a period of 12 months, to submit documents to verify that information, especially the material asserted legal registration If the applicant is the beneficiary of another's right to file (certificate of inheritance rights, for certificates or file transfer agreement; contracts assigning or labor contracts, ...);
28.5. Requirements for declarations the applicant must submit 2 declarations under model 2-TKBT specified in Appendix A of this circular.
28.6. Requirements for the photos, the design layout drawing a) General requirements: The snapshot, the design layout drawings must show full space structure of the circuit elements and linkages that elements in semiconductor integrated circuit to base on the photos/drawings that could and can only identify a set unique layout design.
For the purposes mentioned above, the photographs, the design layout drawings must meet the conditions specified in points 28.6. b, c and d below.
b) document type: photographic/design layout drawings must include at least one of the three types of documents: (i) the drawing with your layout design for each layer of the integrated circuit;
(ii) A drawing or photo lithography masks for the production of each layer of the integrated circuit;
(iii) picture taken each class layout design is reflected in the integrated circuit;
c) document format: image/Sets the design layout drawings must be filed in paper format, and may be accompanied by supporting documentation is electronic data carriers of a part or the entire snapshot, the design layout drawing.
d) form of the document (i) The photo/drawing kit design layout must include the (set of) snapshot/separate drawing for each design layout class, accompanied by the symbol per layer, integrated circuit size and magnification;

(ii) all the photos/design layout drawings are in the same ratio. With regard to the paper format document: each photo/design layout drawings must be a minimum of 20 times the magnification size in integrated circuits so that the eye often seen is the basic circuit design;
(iii) Each photo/drawing layout design can be presented on A4 size paper or paper size is larger than the condition must fold into A4 size;
(iv) photographic/design layout drawings are clear, crisp.
28.7. Requirements for model integrated circuits produced according to a layout design) Model is filed must be in whole or in part the corresponding integrated circuit layout design with completely stated in the menu. If the integrated circuits produced according to the layout design is a integral part of another product, then the product is attached to must-have filed documents indicating exactly the part integrated circuits are manufactured according to the layout design.
b) If layout design has been exploited commercially anywhere in the world before the filing date, the applicant must file the form was first commercially exploited.
28.8. Requirements for a description of the semiconductor integrated circuits layout design produced A description must include the following detailed information about semiconductor integrated circuits are manufactured according to the required layout design protection: a) name/symbol: is a collection of letters and/or numbers used to distinguish this integrated circuit with the circuit other integrated when taken out of circulation on the market;
b) describes the basic functions of the integrated circuit (for example memory logical or function or other functions);
c) describes the basic structure of the integrated circuits (for example, the bipolar structure or MOS or MOS, or Bi-optic-electronic or other structure);
d) description technology for the production of integrated circuits (for example TTL or DTL or ECL technology or the ITL or CMOS or other technology or PMOS or NMOS);
e) description of the main characteristics that distinguish them from other semiconductor integrated circuits on the market at the time of filing or at the time of first commercial exploitation of the world, depending on the time sooner.
29. Information security in design layout application the applicant may request the submission of information security according to the application designers the layout according to the following provisions: 29.1. The level of confidentiality of the maximum allowed: a design layout) haven't exploited trade: 50% of the surface of each class;
b) for layout design has exploited trade: 2 layers of each group of 5 layers from the top down.
29.2. To confidentiality of information, the applicant must have made information security requirements under the guidance of the Bureau of intellectual property, and to directions about the materials, materials containing confidential information.
29.3. The document contains confidential information must be separated into secret documents and packages can be filed under the following document formats: a) the Microfilm or a similar format for documents showing the size of the design on a draw by computer;
b electronic data);
c) drawings or photographs is somewhat not visible, on the condition that the characteristics of the design the layout essentially must be visible.
29.4. The intellectual property Bureau has confidentiality obligations with respect to the information at the request of the person filing the suit specified in point 29.1 of this circular.
30. Evaluation of application forms designed layout 30.1. Single form assessment procedure of registration layout design is made according to the General rules at the point of 13.1 13.2 13.3 13.4,,, and 13.8 points of this circular and the separate procedure for registration form layout design rules at this point.
30.2. Message evaluation results form a) if single in one of the cases specified in point 13.2 of this circular or single is also the omission specified in point 13.3 of this circular, intellectual Bureau conducted the procedure prescribed in point 13.6. a of this circular.
b) if single valid intellectual property Bureau, send to the applicant a single valid acceptance notice, which must specify the name, address of the applicant, the representative's name (if available) and other information on the subjects mentioned in the application, the date of application, at the same time stating the object stated in the application is likely to be issued a certificate of registration if the following layout design 03 months from the date layout design was published in the Official Gazette of industrial property for which there is no discernable comments of third person opposes the registration of layout design.
30.3. Refuse to accept simple cases the applicant was intellectual property Bureau report results evaluation form which has pointed out shortcomings and intends to refuse to accept the application as specified in point 13.6. a of this circular that the applicant does not fix the flawed or unsatisfactory repairs or no opinion opposes or comments oppose not accurate within the time limit specified, the intellectual property Department send the notice to the applicant refused to accept design layout application and refund the fee, the fee has to be filed concerning the work after the evaluation form at the request of the applicant.
31. Publication Layout design registration form 31.1. Design layout application has been duly accepted to be published according to the common procedure provided for in point 14 of this circular and in accordance with this point.
31.2. Access to detailed information about the application of valid a. layout design) since the day it was published in the Official Gazette of industrial property, everyone can reach the detailed information about the nature of design layout outlined in the single has been announced except for confidential information in accordance with point 29 of this circular.
b) competent authorities Only made the cancellation procedure in force protection degree or perform the procedure of handling infringement rights to design a new layout are allowed access to the confidential information on the design layout.
32. Granted, registration, announced the decision to grant registration certificate 32.1 layout design. Notice of intended certification register layout design If after the time limit of 3 months from the date layout design was published in the Official Gazette of industrial property without the opinion of a third are opposed to the registration of the design or layout of the opinion though opposed but the results prove that the processing of comments opposing not accurate then the Bureau Intellectual property notice of intended certification register layout design for the object stated in the application; the time limit for the applicant to submit the fee disclosure protection degree, registration fees and granting the degree of protection. The aforesaid period is 12 months from the date of notification.
32.2. Granted, registration, announced the decision to grant the certificate of registration of the design procedures, registration, the registration certificate publication layout design was conducted according to the common procedure specified in 18.2 points and point 19 of this circular.
32.3. Rejection certificate register layout design If within 3 months from the date layout design was published in the Official Gazette of industrial property which have comments of third persons against the registration certification of design layouts and comments that proved to be accurate Intellectual property Bureau, conducted the procedure denies certification of registration of design layout according to the common procedure specified in point 18.1 of this circular.
Section 4 PROCEDURES for INDUSTRIAL DESIGN REGISTRATION 33. Requirements for industrial design registration form 33.1. Industrial design application must meet the General requirements specified in point 7 and 10.1 points of this circular and meets the specific requirements defined at this point.

33.2. industrial design application must ensure the uniformity clause 1 and clause 3 Article 101 of intellectual Law and according to the following rules.
Industrial design application be considered guaranteed consistency if: a) requires protection of the industrial design of a product; or b) requires protection of industrial designs of many products in a suite of products, where each product has a corresponding design; or c) requires protection of the industrial design of a product to one or many variants of an industrial design.
33.3. The requirement to provide information a) case of foundations (info, evidence) to cast doubt on the authenticity of the information in the application to register industrial designs, intellectual property Bureau may ask the applicant within a period of 12 months to submit documents to verify the information that , especially the document confirming the right to legally register if the applicant is the beneficiary of another's right to file (certificate of inheritance, a certificate or a written agreement on the transfer of the right to file; the delivery contract or labor contracts, ...);
b) intellectual property Bureau may also request the applicant within a period of 12 months to submit documents confirming ownership or the right to use legitimate trade instructions (trademarks, geographical indications, trade name), industrial designs are protected by others, if there is a basis to doubt the industrial designs indicated in the application containing that object.
33.4. Requirements for declarations the applicant must submit 2 declarations under model 3-CODE provisions in Appendix A of this circular. In addition to the items to other stubs, in declarations to raise the index of international classification of industrial designs protection requirements consistent with the international classification of industrial designs (Locarno Agreement). If the applicant is not classified or categorized incorrectly, the intellectual property Department will sort and the applicant must submit the prescribed classification fee.
33.5. The requirement for a description of the industrial design applicants should submit 1 a description of the industrial designs, including the following: a) industrial design Name: is the name of the main products of industrial design, is expressed by the words used, not promotional in nature , does not contain symbols, notes, trade instruction;
b) field use of industrial design: is the field of use of industrial design products, which stated the purpose of use of that product;
c) similar industrial design: industrial design clearly less difference with industrial designs of the same type of products mentioned in the application, has been widely known before the filing date or the priority date (if the applicant requires the enjoyment of the right of priority), which must indicate the source of the information revealed publicly the same industrial design near for that;
d) lists the snapshot or drawing: listed in turn the photo taken, perspective drawings (in three dimensions), projection, cross-section ... of industrial design, consistent with the numbers recorded by photographs, drawings;
e) description of the industrial designs must meet the following provisions: (i) reveal completely the nature of industrial designs protection requirements, which are outlined in full the specifications created designs express the nature of industrial designs, and to specify the characteristics created new designs , 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 requested must be 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 ...), to describe the design of the product in a different State;
(iv) if the industrial design consists of multiple option must specify the distinct 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, they must describe the style of each product in the order.
g) the scope of protection of industrial designs (or "request for protection"): must complete the required shaping and sufficient characteristics to determine the nature of industrial design protection requirements and the scope of industrial property rights with regard to industrial designs, are shown on the photograph, drawing in the menu , including the specifications created new designs, different than similar industrial designs already know.
33.6. Requirements for the photographs, drawings of industrial design applicants must submit 5 or 10 shot sets the 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 : a) photographs, drawings must be clear, sharp; the drawing must be shown by contours; Photo background, drawings must be of solid color and contrast with the industrial design; on the snapshot, drawing only products of industrial design protection requirements (not attached to other products).
b) photographs, drawings must be industrial designs according to the same ratio. The size of the industrial design in the snapshot, the drawing is not smaller than 90 mm x 120 mm and not greater than 190 mm x 277mm. c) photographs, drawings must be industrial designs in the same direction and in turn in the following order: perspective image (three-dimensional) of the industrial design, industrial design of projection from the front , from behind, from the right, from the left, from the top down, from the bottom up; the projections must be made the front.
d) for industrial designs had projections of symmetry then the snapshot, the drawing may not be manifested more symmetrical projection, with the condition to specify that in the listing photo, drawing in a description.
e) for industrial designs of the products can be deployed (for example, boxes, packaging, ...), the projection of an industrial design may be replaced by photographs, drawings and industrial designs in developing status.
g) depending on the complexity of the industrial design, may need to have more pictures taken, perspective drawings from the other angle, cross-section, image zoom, detailed parts of the product ... enough to clear the new shaping characteristics, difference of industrial design protection requirements.
h) for products that have the status of different uses (for example, a product of the CAP or foldable), to have photographs, drawings of industrial design of the product in a different State.
I) for industrial design of parts of the finished product, to have more photographs, a drawing shows the location of the installation, use the parts on the finished product.
k) Each scheme of industrial designs must have photo sets, drawing the full expression of each regulatory approach at this point.
l) for the product must have a perspective of both the product and the photographs, drawings of each product in the order as specified at this point.
33.7. Characteristics and shaping of the industrial designs

a) characteristics and shaping of an industrial design is expressed in the form of lines, shapes, colors, or position correlation correlation to size when combined with the characteristics (signs of) other forms a set of necessary and sufficient to constitute an industrial design.
b) The following factors are not considered forming characteristics of industrial designs: (i) the shape, contours are decided by the technical function of the product (for example, the shape of flat discs, flattening the data record is determined by the relative motion between the disk and the head read...);
(ii) factors that its presence in the set of signs are not enough to impress the aesthetic (the impression of the shape of the product does not change in the presence and in the absence of that element; e.g.: change a shape, the familiar contours but the changes are not enough to get to know Therefore, the cube, the changed contours still only known cubes, the old path);
(iii) the material used for the product;
(iv) the signs are mounted, paste ... up the product only to perform functions of information, tutorial on the origin, structure, characteristics, uses, how to use ... that product; for example, the wording on the label of the goods;
(v) the size of the product, except in the case of changing the size of the decoration fabric samples and similar materials.
c) characteristics basic toning and shaping the basic no characteristics characteristics basic toning and shaping feature is easy to recognize/remember, necessary and sufficient to identify distinct and industrial designs industrial designs industrial design with other users for the same products.
Forming characteristics do not meet the above conditions, called "basic no shaping characteristics".
34. The evaluation forms, published industrial designs application The procedure of evaluation forms, announced the industrial design application made under the General procedure prescribed in point 13 and point 14 of this circular.
35. The evaluation of the content of industrial designs registration form 35.1. Reviews of industrial designs: a) Two industrial designs were considered to overlap when two industrial designs for the same products, the same set of characteristics to create the basic shape and not fundamental;
b) Two industrial designs were considered similar when two industrial designs for the same products, there are some characteristics shaping basically the same;
c) Two industrial designs were considered the closest analogy when two similar industrial designs are of the same basic shape creation more than all other similar industrial designs.
35.2. implementation process the evaluation procedure content of the industrial design application The application content evaluation design (single) are conducted under the General sequence specified in point 15 of this circular and the separate regulations at this point.
35.3. Reviews the fit between the objects stated in the application and the type of degree in industrial design the subject stated in the application is not consistent with the type of degree in industrial design protection if: a) the object of which is not the external appearance of the product;
b) stated in single objects are: (i) the external appearance of the product due to the technical characteristics of the product required;
(ii) the external appearance of buildings or the construction industry;
(iii) the inner shape (not visible) in the process of product use (exploitation uses of the product, usual manner be made by any user, regardless of the maintenance work, maintenance or repair of the product).
35.4. Retrieval of information a) purpose purpose information lookup lookup information is searched in the minimum resources required the design to duplicate or similar to the industrial designs indicated in the menu.
b) mandatory minimum information Sources used in the evaluation process of the single content includes the following documents: (i) the registration of an industrial design has been the intellectual property Bureau to receive and have the date of publication of the earlier application filing date or priority date of the application being verified (if single entitled priority);
(ii) the registration of an industrial design and the degree of protection of industrial designs by the organisation, other country within 25 years before the date of filing or priority date of the application being verified (if single enjoy the right of priority), are kept in the database of industrial designs is available at the Bureau of intellectual property;
(iii) other information related to industrial designs by the intellectual property Bureau collected and stored;
(iv) the registration of an industrial design has been the intellectual property Bureau to receive and have the filing date or the priority date (if single entitled priority) earlier than the date of filing or priority date of the application being verified (used to test the first filing guidelines specified in point 35.9 of this circular).
c) in the case of necessary and possible, the expanded lookup information source than the mandatory minimum.
35.5. Reported results lookup lookup must be reflected in the report reference, which must specify the field, lookup, lookup range search results in that range (statistics and specify the certificate for industrial design search, source of information, the date of publication of the corresponding information) and to raise them to the name of the reporting (lookup).
In this point, "confronting industrial design" is the design of duplicate or similar industrial designs industrial designs outlined in the application, be compared to the industrial designs indicated in the application when it reviews the novelty and creativity.
35.6. Reviews the possibility of industrial application of industrial designs according to the provisions of article 67 of the law on intellectual property a) industrial designs outlined in the application are considered to be capable of industrial application if based on the information about industrial designs are presented in menu , who have average knowledge about the respective fields industrial designs can be used as templates to create the industrial method or craft products that coincides with the appearance of industrial design.
The concept of "person with an average knowledge" about the respective field is interpreted according to the respective regulations in point a of this circular. 23.6.
b) In the following cases, the objects stated in the application is not capable of industrial application: (i) the subject stated in the menu is the shape of the product's status exists is not fixed (the gaseous products, liquids ...);
(ii) can only create the product is shaped like the object stated in invoices thanks to special skills or can not repeat the construction product is shaped like the object stated in the application;
(iii) The case with the other reasons.
35.7. Assessing the novelty of the industrial design in accordance with Article 65 of the law on intellectual property.
a) assessing the novelty of an industrial design to assess the novelty of the industrial designs indicated in the application, to conduct the comparison set of characteristics to create the basic shape of an industrial design to gather the basic shaping characteristics of duplicate/industrial design similar to near for use as industrial designs confronting found in the lookup process information.
b) conclusions about the novelty of the industrial design industrial designs outlined in the single is considered new if: (i) industrial designs not found in the minimum resources required; or

(ii) Although there are industrial design found in the minimum resources required but the industrial designs indicated in the menu have at least a basic shaping characteristics not present in (not in) the set of characteristics and shaping the basic design for the certificate, or (iii) an industrial design for the main witness is the industrial designs indicated in the application are published/ revealed in the case prescribed in clause 3 and clause 4 Article 65 of the law on intellectual property.
35.8. Reviews of innovative industrial designs according to the provisions of article 66 of the law on intellectual property a) assessing innovation of industrial design to assess the creativity of the industrial designs indicated in the application, to conduct the comparison set of characteristics to create the basic shape of the industrial design that with set of characteristics and shaping of fundamental each industrial design for duplicate or similar evidence found in the lookup process information.
b) conclusions about innovation of industrial design In the following cases, the industrial designs indicated in the application are considered to have no creativity: (i) industrial designs was the simple combination of the characteristics of known shaping (shaping characteristics have been revealed publicly is set or docking together merely as replacement , change position, increase/decrease the number ...);
(ii) an industrial design is the shape copy/emulate a part or the whole of the natural shape of plants, fruits, animals..., the shape of the geometric shape (circle, ellipse, triangle, square, rectangle, polygon, the prismatic has is the above image ...) was widely known;
(iii) an industrial design is the simple copying the shape of the product, the work was famous or widely known in Vietnam or world;
(iv) industrial designs industrial design simulations in other sectors, if the simulation were widely known fact (for example, toys simulating automotive, motorbikes ...).
If not in the aforementioned case, the industrial design is considered innovative.
35.9. test principle the first filing under the provisions of article 90 of the law on intellectual property a) to test the first applicant principle, should conduct information retrieval in sources required in 35.4. b (iv) of this circular.
b) industrial designs outlined in the application are considered to satisfy the principle of first filing if industrial design not found duplicates or not significant difference stated in the application has met the conditions for patentability of industrial designs found in the lookup process information.
c) industrial designs of the products mentioned in the application are considered to satisfy the principle of first filing if industrial design not found duplicates or not significant difference of product parts and/or products mentioned in the application has met the conditions for patentability of industrial designs found in the lookup process information.
d) in the case of many different application to register an industrial design are the same or not significant differences with each other, together meet the conditions for patentability of industrial design and have the priority date or the filing date of the earliest, the industrial designs indicated in the application are considered to meet the first applicant principle prescribed in clause 2 Article 90 of intellectual property law, if all the applicants reached an agreement regarding the applicant's name stand for in a single one of these to be granted a patent of industrial design.
35.10. reporting The content evaluation results reported assessment results content registration form design is made according to the General rules at the point of 15.7. a of this circular.
36. Grant, registration, published By exclusive industrial designs The decision-making procedures, registration, announced the decision on patentability of industrial designs made under the General procedure prescribed in point 17 and point 18 of this circular.
Section 5 37 TRADEMARK REGISTRATION PROCEDURES. Requirements for trademark application 37.1. Trademark application must meet the General requirements of application documents specified in point 7 and 10.1 points of this circular and the specific requirements defined at this point.
37.2. the Application must ensure the uniformity clause 1 and clause 4 Article 101 of the law on intellectual property. Each is only required to register a mark for one or more goods or services.
37.3. where there is doubt about the authenticity of the information stated in the application, the intellectual property Bureau may ask the applicant within a period of 12 months, must submit the following documents to verify the information that: a) documents proving the status of applicants: (i) the business registration Certificate , contract or other document confirming the product manufacturing operations, supply of services the applicant as prescribed in clause 1 Article 87 of the law of intellectual property;
(ii) the agreement, a verification letter from producer does not use the trademark and does not oppose the trademark registration of the person conducting the commercial activities of products of the manufacturer as specified in paragraph 2 to article 87 of the law of intellectual property;
(iii) the decision or license, Charter the organization endorsed functions, the authority to manage the collective marks, certification marks, quality certification marks the geographical origin of goods or services as defined in clause 3 and clause 4 Article 87 of the law of intellectual property;
(iv) the agreement, business registration certificate, documents relating to the registration of trademarks of the owner as specified in paragraph 5 to article 87 of the law of intellectual property;
(v) documents confirming the applicant beneficiary trademark registration rights from others as specified in paragraph 6 to article 87 of the law of intellectual property;
(vi) agreement, the consent of the owner of the trademark right confirmation for trademark registration of the representative agent, as defined in paragraph 7 of 87 Articles in intellectual property Law and article 6septies of the Paris Convention for the protection of industrial property.
b) documents proving the status of representative democracy: the original authoritative paper of the applicant; confirmations single owner's representative is the representative under the law of registered trademarks, or organization who is the person that authorization; the certificate is authorized by the applicant to satisfy the requirements to stand single agent name as specified in point 3 of this circular.
c) documents proving the right to use/trademark registration that contain special markers for: (i) name, logo, flag, coat of arms of the Agency, held in the country or the certification mark, the sign test, the international organization's warranty as specified in paragraph 2 and paragraph 4 to article 73 of the law of intellectual property;
(ii) the name of the character, the icons of files belonging to the scope of protection of copyright has to be widely known or trade names, commercial indications, indications of origin, awards, medals or symbols characteristic of a certain type of product is likely to cause confusion as specified in paragraph 5 to article 73 of the law of intellectual property;
(iii) sign in the scope of protection of industrial designs of others as defined in Article 2, paragraph 74 of n points of law in intellectual property;
d) documents proving the priority right;
e) information necessary to clarify or confirm the contents stated in the regulations of use of the collective mark, the regulations of use of the certification marks or in other application documents.
37.4. Requirements for declarations

The applicant must submit 2 declaration form 04-NH prescribed in Appendix A of this circular with the following note: a) a description of the mark in the Declaration must specify the type of registered trademark (often marks, collective marks, trademarks, certification marks, links);
b) for trademarks to be registered as a trademark, the applicant must link specify the link elements of the trademark or about goods or services comply with the following provisions: (i) in the case of associated elements are trademarks (similar to other brands of the main applicants for the same goods services, or for goods or services are similar) it must specify the link label that branded would be regarded as fundamental or not, if yes then there is brand; If one or some of the trademarks that have been registered or have been stated in previous submissions, the application must specify the number of degrees of protection, the number of the previously filed application;
(ii) in the case of the link element is goods, services (a trademark used for goods or services are similar or related to each other), they must specify the goods and services that goods and services are considered to be basic or not and if yes then it is the goods , service; If one of these goods, services that have been registered before or have been stated in previous submissions, the application must specify the number of degrees of protection, the number of the previously filed application;
(iii) If the applicant does not specify the basic brand or goods, basic service all brands and all goods, services related to the above mentioned brands in the application of the applicant are considered independent of each other. The assessment of the likelihood of discrimination stated in single brand will not be applying exceptions to the affiliate marks specified in point 74 of the law on Article 2 paragraph e intellectual property, that are subject to the General provisions on reviews the ability to differentiate specified in point 39 of this circular.
c) for certification marks, the applicant must specify in the Declaration the purpose, content and methods of getting that certification (certificate of something: the quality, origin, geographical origin, or a combination of the purposes for which the certified content;: the specific conditions regarding the subject goods , the service; How does certification: sequence, licensing procedures, certification testing, maintaining the purpose and content of the certificate).
d) In declarations must have form labels and descriptions with the letter of the mark according to the following provisions: (i) If the mark is made from many factors, they must specify the constituent elements and the combination of the elements; If the mark contains elements to specify the content and meaning of the elements;
(ii) if the request for protection of color marks to specify the request and stated the name of the color shown on the label;
(iii) If the mark contains the text, the wording is not Vietnamese, they must specify the pronunciation (out Vietnamese) and if the letters, words that mean then are translated into Vietnamese;
(iv) If the mark contains digits is not Arabic numerals or Roman numerals must be translated into Arabic numerals.
e) section "directory of goods or services bearing the mark" in the Declaration must be consistent with the classification table of the international classification of goods and services under the Nice Agreement the intellectual property Department has published in the Official Gazette of industrial property.
37.5. Requirements for addition to the trademark template label template mounted on a single, must accompany form 9 of the same brand and must meet the following requirements: a.) form a trademark must be presented clearly with the size of each component in the mark no larger than 80 mm and not less than 8 mm overall, a trademark must be presented within the framework of the trademark 80 mm x 80 mm in size on the Declaration;
b) for trademarks is the hologram label samples must be accompanied by photographs or drawings showing the perspective and can be attached to the form described in the form of projections;
c) for trademarks that requires protection of color trademark form then must be presented in the right color requires protection. If not ask for protection of color trademark form then must be presented in the form of black and white.
37.6. regulation requirements using collective marks and certification marks trademark usage rules and regulations of use of the certification mark must have the corresponding content stipulated in clause 4 and clause 5 Article 105 of the law on intellectual property and to clarify the following issues : a) the information about brands, the owner of the trademark, the goods or services bearing the mark;
b) The conditions for the registration of a trademark license to use the trademark and the conditions to terminate the right to use the trademark;
c) obligations of the use of trademarks (quality assurance, specialized nature of goods or services bearing the trademark, under the control of the trademark registration, trademark management fee submission ...);
d) rights of trademark registration (control of compliance with the regulations of use of the trademark, the trademark management fees, suspension of the right to use the trademark of the person does not meet the conditions prescribed by the regulations of use of the trademark, ...);
e) licensing mechanisms, control, check the use of trademarks and ensure the quality, the reputation of the goods or services bearing the mark;
g) dispute resolution mechanism.
37.7. documentation requirements confirm registrations and use of certification trademarks a geographic origin) certification marks for geographical origin, in addition to using the trademark regulations and the necessary documents proving the right to register the mark, remaining single license must be accompanied by the relevant local authorities to allow the applicant for trademark registration certificate bearing the signs of geographical origin indications (geographical name, logo, a map of the region, local) for the goods or services bearing the mark.
b) cases not identified the region, brought local geographical origin indication based on the administrative boundary and permits of the local government in 37.7. a on this intellectual property Bureau, require the applicant to provide the maps have indicated the scope of the local, bring the geographical origin indications of goods or services that are certified by local authorities.
38. The evaluation forms, announced The trademark registration application procedures for appraisal forms, announced a trademark registration application was made under the General procedure prescribed in point 13 and point 14 of this circular.
39. Evaluation of application content 39.1 marks. Intellectual property Bureau is responsible for implementing the single valid content appraisal in order to collectively defined in point 15 of this circular and under specific regulations at this point.
39.2. Reviews the fit between the object stated in the application for trademark registration and certification requirements to register a trademark) as defined in paragraph 1 to article 72 of the law on intellectual property, the mark is registered with the name is a trademark must sign is visible in the form of letters , numbers, words, drawings, pictures, including three-dimensional shape or a combination of these factors that are manifested by one or some certain colors.
b the following sign types) are not protected with trademark is nominal: (i) the sign is the only color that isn't associated with a sign or signs or letters not be made into signs or signs autographs;
(ii) signs in the audience not to be protected under the trademark is specified in article 73 of the law of intellectual property;
(iii) signs contrary to social order, harmful to national security.

39.3. Ability to discern signs of handwriting, numbers (hereinafter called "signs") as defined in clause 2 Article 74 of the law on intellectual property.
Except for the exceptions specified in point 39.5 of this circular, the following Word marks are considered to have no ability to differentiate: a) characters in language that consumers understand Vietnam know often cannot recognize and remember are (could not read, do not understand the , can't remember) as non-Latin origin: Arabic letters, Slavonic, Sanskrit, Chinese, Japanese, Korean, Thai, ...; unless the characters in the above language came with the other ingredients that make up the likely overall or are presented in the form of a graphic or other special form b) even though the character is Latin in origin but signs include only one letter or digit, or include only although there are two letters but can not read as a word-even with According to digits; except for the signs that are presented in the form of graphics or other special form;
c) one set too many letters or words cause may not recognize and remember as a sequence of too many characters are arranged in an order, rule or a text, a text;
d) even though the character is Latin in origin but it is a Word and the meaning of the word has been used many and in Vietnam in the fields related to the extent of losing the ability to distinguish;
e) a word or a set of words used in Vietnam such as the designation of primary goods and related services;
g) a word or a set of words that carry the content of the main description of the goods or services bearing the mark as signs of directions in terms of time, location, geographical origin (except in the case of a registered trademark is a trademark of geographic origin certification of goods or collective marks), the method of production , type, quantity, quality, nature (except in the case of a registered trademark is a trademark of quality goods, services), ingredients, uses, the value of goods and services;
h) a word or a set of meaningful words that describe the legal form, the business of the owner of the trademark;
I) signs identical or similar words with one of the objects in the scope of protection of the industrial property rights of another person as prescribed in the point e, g, h, i, k, l, m item 2 Article 74 of the law on intellectual property;
k) signs autographs misrepresent, misleading or deceptive nature of consumers about the origin, the features, uses, quality, value or other characteristics such as composition, manufacturing process, raw materials, the eminence of goods or services as defined in clause 5 Article 73 of the law of intellectual property;
l) signs autographs at identical or similar to the point of confusion with real name, nickname, pseudonym of the leader, hero of Vietnam, celebrities or of foreign countries; identical or similar to the point of confusion with the name of the character, the picture in the works in the scope of protection of the rights of others has been widely known, except with permission of the owner of the work.
39.4. Ability to discern signs of drawing shapes, images (hereinafter referred to as "marks") as defined in clause 2 Article 74 of the law on intellectual property, Except the exceptions specified in point 39.5 of this circular, signs are considered to have no ability to differentiate If: a) is shaped or sign shaped like a circular geometry, ellipse, triangle, quadrilateral, or simple drawings; the figure, the image only to be used as background or decorative lines of products, product packaging;
b) drawings, photos too complex makes trouble for consumers is not easy and not so easy to remember to be traits of pictures as including too many images, lines merge or overlap;
c) drawings, images, icons, symbolic signs were widely used;
d) drawings, pictures with the main description of the goods or services bearing the mark; location, method of production, geographical origin, type, quantity, quality, composition, properties, uses, value or other characteristics of the goods or services bearing the mark;
e) signs identical or form does not differ significantly with industrial designs are protected by others;
g) signs identical or similar form to the point of confusion with the image of the leader, hero of Vietnam, celebrities or of foreign countries; identical or similar to the point of confusion with the image of the character, the picture in the works in the scope of protection of the rights of others has been widely known, except with permission of the owner of the work.
39.5. The following exceptions are applied when assessing the possibility of distinguishing signs autographs and sign image: a) signs in the cases referred to in point of 39.3. a, b, c, g, h and 39.4 points a, b, c, d, e of this circular was and is being used with the function of trademarks and is widely known and for which the label Mark has gained the ability to distinguish the goods or services concerned.
b) To be applied to this exception, the applicant must provide evidence of the use of a trademark (start time, use the range, extent of use today..., in which the only marks are considered "used" when such use is conducted in the production operation , business, commercial, advertising, legal marketing) and evidence of the ability to differentiate of the mark for goods or services of the trademark holder. In this case, it is only acknowledged as having the ability to distinguish when expressed in the form as the form in which it is used continuously and common in fact.
39.6. Reviews of computer distinguished by a combination of signs sign letters and signs (hereinafter called the "combined marks") A combined mark was considered to have the ability to discern when the mark and the sign images combined into a whole capable of distinguishing, in particular : a) signs autographs and picture signs have the potential to differentiate and form master has the ability to distinguish;
b) strong components of a trademark (a strong impact factor in the consumer sense, attention and the impression of the mark when observed) is the sign or signs autographs with the ability to discern, though remaining ingredients with no or less able to discern;
c) where a sign combining signs autographs and pictures with no signs or less able to differentiate but how the unique combination of the signs that create a distinct impression overall, then it is still considered capable of distinguishing;
d) matching signs including the word components and does not have or at least have the ability to differentiate but overall it has achieved the ability to distinguish through the process used as prescribed in this circular of 39.5 points.
39.7. minimum information Source a) to assess the likelihood of confusion of the signs mentioned in the application, at least the intellectual property Bureau to conduct check in the following minimum information:

(i) The trademark application was filed in the Office of intellectual property has the date of filing or priority date earlier than the date of filing or priority date of the application is being assessed and the international trademark application indicated that Vietnam intellectual property Bureau has been informed of WIPO with the date of filing or priority date earlier than the date of filing or priority date first single being appraised for goods or services identical or similar;
(ii) that the mark has been registered or to acknowledge the protection force in Vietnam (including well-known marks) for goods or services identical, similar or related;
(iii) The trademark is registered has ended effective within a period not exceeding five years, except in cases of termination of trademark effect for reasons not used according to the provisions of Article 95 paragraph 1 d of the law on intellectual property, for goods or services identical or similar;
(iv) The geographical indication is protected in Vietnam;
(v) indications of geographic origin of goods and services; geographical name, the kind of quality mark, check marks; the national flag, the national emblem of the country; the flag, the name, the logo of the Agency, the Organization of Vietnam and the world; the name and image leader, national hero, names and pictures celebrity Vietnam and abroad ... which the intellectual property Bureau collected and stored.
b) in the case of need can look up reference information sources in addition to the minimum information outlined in point 39.7. a on here, such as the registration of an industrial design, trade name...;
39.8. Reviews the similarity to the point of confusion of the marks are required to register with other brands a) to evaluate the registration request sign outlined in the menu have identical or similar to the point of confusion with a different brand (hereinafter called "confronting marks") or not, need to compare the structure , the content, the pronunciation (for Word marks), the meaning and form of the sign (for both text and signs signs looks), and must conduct the comparison of the goods or services bearing the mark with the goods or services bearing the mark for certification under the provisions of this point.
b) signs coincide with confronting marks: signs are considered identical to confronting mark if signs that identical trademarks for testifying about the structure, content, meaning and form.
c) sign is similar to the point of confusion with the mark for certification if: (i) that signs similar to the mark for evidence about the structure or content or/and/or/and the pronunciation and the meaning and/or form of expression to the extent of making consumers mistaking that two objects that is an or this object is Variant of the other objects or two objects that have the same origin;
(ii) the sign is just a transliteration or translation from confronting marks if the mark confronting famous brands.
39.9. Assessing the similarity of the goods and services a) Two goods or services being considered are the same (same type) when two goods or services that have the following characteristics: (i) have the same nature (composition, textures ...) and the same function, the purpose of use; or (ii) Have nearly the same nature and the same function, the purpose of use;
b) Two goods or services considered similar when two goods or services that have the following characteristics: (i) are similar in essence; or (ii) are similar in function, the purpose of use; and (iii) Are marketed under the same trade channel (distributed according to the same method, are sold together or side by side, in the same kinds of stores ...);
c) A goods and a services being considered are similar if in a or the following cases: (i) the relationship between them have together about the nature (goods, services, or materials, parts of goods, this service is made from the goods, services, other); or (ii) between them have a relationship with each other about the function (to complete the function of the goods, the service must use other services, goods or they are often used together); or (iii) the relationship between them have closely together on implementation modalities (goods, services as a result of the use and exploitation of the goods, services ...).
39.10. test principle the first filing before the decision to grant the certificate of trademark registration, intellectual property Bureau conducted checks to ensure the principle of first filing under the provisions of article 90 of the law on intellectual property.
39.11. Conclusion on the likelihood of confusion of the mark with the trademarks confronting signs were regarded as identical or similar to the point of confusion with the mark for confronting the goods identical or similar or relevant in the following cases: (i) a sign identical to the mark for goods and the service, carrying a sign identical or similar to the goods or services bearing the mark for certification;
(ii) a sign identical to the mark for goods and services identical with the goods or services bearing the mark of the same proprietor of the trademark;
(iii) similar signs to the point of confusion with the mark for goods and services bearing a sign identical or similar to the goods or services bearing a trademark confronting, except where exceptions when a similar calculation on goods, services and similar signs are not enough to create the possibility of confusion when using the same sign;
(iv) a sign identical or similar to the registered trademark confronting famous brands and goods or services bearing the mark while not identical, are not similar to the goods or services bearing the mark, but the use of signs to do the label might make consumers believe that there exists a relationship between the goods the service, carrying signs with the owner of the famous mark, have the ability to actually degrade the ability of famous brands or detriment to the reputation of the famous mark.
39.12. Evaluation of the likelihood of confusion of the mark the evaluation possibilities of confusion of the mark was made under the provisions of Articles 73 and 74 of the Law Article 2 clause intellectual and the following specific rules.
a) were considered signs of confusion about the origin, the origin of the goods or services in the following cases: (i) a sign identical or similar to the name, the symbol of a country, of a region (the national flag, national emblem, flag, country name, local name) or similar to the point of confusion with the name , the symbol of a nation, a region triggers the wrong idea that goods or services bearing the mark have originated from that region of the country, but actually originated from the water Department;
(ii) a sign identical or similar to geographical indications are protected if the use of signs that can make consumers understand the discrepancies about the origin of the goods; signs coincide with geographical indications or containing geographical indication or be translated, transcribed from the geographical indications are protected for wines, spirits, if the required signs registered as trademarks for wine, spirits not originating from the geographical area bearing the geographical indication;

(iii) the signs are identical or similar words with another person's trade name was used in a legal way for the same type of goods, services and have the ability to make consumers believe that the goods or services bearing the mark is due to the people named above commercial production , done; the mark is identical or similar images with another person's trade symbol has been used legally for the same type of goods, services and have the ability to make consumers believe that the goods or services bearing the mark is by people with the aforementioned commercial icon production , done;
(iv) a sign identical or similar to your real name, nickname, pseudonym, the image of the leader, a national hero, celebrity of Vietnam and foreign countries; a sign identical or similar to the name or character, the iconic features of the work is already widely known, if the use of signs that are likely to make consumers believe that the goods or services bearing the mark is due to the owner of the work produced , done;
(v) a sign identical or not significantly different with other people's industrial designs are protected on the basis of industrial design application filing date or priority date earlier than the filing date, the priority date of the trademark application.
b) In the following cases, signs were considered likely to cause confusion or false understanding of the nature, the value of goods and services: (i) the sign is the word, drawings, images, symbols ... causing false impression about the features, uses of goods or services identical or similar sign to the mark or with other signs are used, widely considered to be attached to a function, the use of one type of goods and services, making the consumers believe that the goods or services bearing the mark also features, uses it;
(ii) the sign's wording, photos false impression about the ingredients, the texture of the goods, services such as goods description, other services related to the goods or services bearing the mark causing false impression that goods or services bearing the mark is made up or essentially as commodities services are described.
40. Granted, registration, announced the registration certificate of the trademark decision procedures, registration, announces trademark registration certificates made under the General procedure prescribed in point 17 and point 18 of this circular.
41. the processing of the international application originating Vietnam marks and international trademark application designating Vietnam 41.1. The procedures for the international registration of marks Vietnam origin regulations on procedures for handling trademark registration application specified in this circular also applies to processing of international trademark registration application in the intellectual property Bureau.
41.2. The right to register a trademark based on international trademark registration in Vietnam a) Who has been issued a certificate of trademark registration in Vietnam have the right international registration of marks under the Madrid Agreement, respectively;
b) Who have applied for trademark registration in Vietnam and who has been issued a certificate of trademark registration in Vietnam have the right international registration of marks under the Madrid Protocol, respectively.
41.3. international trademark application native to Vietnam a) international trademark application indicated the country would like to be registered as members of the Madrid Agreement and did not specify any country is member of the Madrid Protocol must be made in French.
b) international trademark application designating at least one country is member of the Madrid Protocol, including simultaneously indicated the country is member of the Madrid Agreement must be made in English or French.
c) the applicant must file a request for international registration of the trademark in the form prescribed in VU ANH INTERNATIONAL 6-Appendix C of this circular and the international trademark application form due to intellectual property Bureau offers free. In the Declaration the need to specify the Member countries of the Madrid Agreement (may concurrently be members the Madrid Protocol) and water only is the Madrid Protocol Member which the applicant wants to register the trademark protection. International trademark application must be made by completing accurate, complete information on the items for the applicant and must include the proper trademark form as the form of the trademark has been registered in Vietnam.
d) applicant need preliminary total of fees according to the fee schedule printed on the application form or may request the intellectual property Bureau informed of the exact number of fees need to be paid to the International Bureau. The applicant must pay the fee directly, that fees for the International Bureau and must submit the additional related costs, fees prescribed for intellectual property Bureau.
e) the applicant must ensure the information (especially about the name, the address of the applicant, the goods, services and the Group of goods or services) in the application for international registration of marks is correct, including the language, translation and consistently with the information stated in the certificate of trademark registration or application for trademark registration to the respective base. Applicants are responsible for submitting the charges incurred in relation to the amendments and supplements to the international trademark application by declaring that the information is inaccurate or not according to the notice of the International Office.
g) any correspondence, transactions related to the application for international registration of trademarks are performed through the intellectual property Bureau. Intellectual property Bureau is responsible for timely notification to the applicant's request to the International Bureau and vice versa, subject to the provisions of relevant international treaties.
41.4. Agency accepting the international registration of marks of origin Vietnam a) international trademark application was filed with the International Bureau through the Office of intellectual property. Intellectual property Bureau is responsible for the transfer of the international registration of marks application for International Office within 30 days of receipt of a valid application documents enough under the rules.
b) on intellectual property Bureau received the international application of the trademark would be considered the filing date of the international registration of marks in the case of International Office received it within 2 months from the date indicated on the receipt mark of intellectual property Bureau. No single case is perfect to send applicants to the International Bureau within the time limit stated above, the receiving Office, the international application shall be considered the filing date of the international registration of marks.
41.5. Additions, modifications, assignment of the international application, the international registration of marks of origin Vietnam a) after the application is filed with the International Bureau, all transactions between the applicant and the International Bureau concerning the amendment of the name, address, restrict the list of goods services, included in the international application, the international registration of marks, the extension of the validity of international registration of marks are made according to the sample 08-SĐQT specified in Appendix C of this circular and all through the intellectual property Bureau. The applicant must pay the fee, the fee for such transactions as specified.
b) trademark owners must through the Bureau of intellectual property (or can directly request the International Bureau to the international registration of trademarks in the country just as the Madrid Protocol member) to request the International Bureau noted the transfer of ownership of the mark according to the international registration of marks , subject to the provisions of relevant international treaties and pay the prescribed fees.
41.6. Processing of international trademark application designating Vietnam

a) after receiving notice of the International Bureau of international registration of marks application specified intellectual property Bureau, Vietnam conducted evaluation of single content according to the procedure of applying for a trademark application filed directly to the Bureau of intellectual property. Within a period of 12 months from the date of notification by the International Office, the intellectual property Department have concluded about the possibility of protection of the mark.
b) with respect to a trademark can be protected under the provisions of the law of Vietnam, Bureau of intellectual decision accepted the protection of the mark in the international register and published in the Official Gazette of industrial property, write to the national register of marks within a period of 12 months from the date of decision. The ranges (quantity) of protection is confirmed according to the required content of the international registration of marks were organized world intellectual property (WIPO) acknowledged and are the intellectual property Bureau confirmed.
c) for trademarks is not capable of protection or rejected each section then before the end of the 12-month period, the intellectual property Department send the notice in writing of the denial for the International Office to notify the applicant, have stated the reason and refused.
d) within 3 months from the date the Bureau of intellectual denial notice, the applicant has the right to appeal notice of refusal of the Bureau of intellectual property. Complaint procedures and complaint resolution is done as for the trademark application filed directly to the Bureau of intellectual property. Results complaints are the intellectual property Bureau to notify the International Bureau and to the applicant.
e) from the date of the international registration of marks be admitted starting in force in Vietnam, at the request of the owner of the trademark, intellectual property Bureau issued a certificate of international registration marks are protected in Vietnam, with the condition that the required fee as prescribed.
41.7. The extension of the validity of international registration of marks of origin Vietnam within 6 months before the end of the term of validity of international registration of marks (20 years from the filing date of the international registration of marks for the Madrid Convention member countries, including with the country at the same time as the members of the Madrid Protocol; 10 years from the filing date of registration trademark international water for just the Madrid Protocol member), the trademark owner is obliged to pay to renew the validity of international registration of marks under the notice of the International Office.
41.8. trademark registration Application switching due to international registration of trademarks cancelled in effect a) where the international registration of trademarks in Vietnam of the trademark owner is the person in the water is just the Madrid Protocol member lost effect according to the provisions of article 9quinquies of the Madrid Protocol , that person has the right to apply for trademark registration form converter 07-ĐKCĐ specified in Appendix C of this circular for the intellectual property Bureau to register for the protection of the mark for part or all goods and services in the categories of goods and services that have been recorded in the international register of marks were lost.
b) trademark application conversion be approved if it meets the following conditions: (i) the Application was filed within a period of 3 months from the date of the international registration of marks respectively lost validity;
(ii) the goods or services described in the application for trademark registration in the category scope transformation goods, services recorded in the international register of marks;
(iii) the trademark application switch meets all the requirements for the form and the content in accordance with the law of Vietnam and the applicant to submit a full account of fees under the regulations.
c) conversion label application enjoy the filing date of the international registration of marks, or the priority date of the international application corresponding marks (if the international trademark application to enjoy priority rights under international treaties).
d) intellectual Bureau conducted a trademark registration application processor switch as for ordinary marks.
42. Noting the famous 42.1 marks. The famous marks protection Vietnam law according to the provisions of article 75 of the law on intellectual property, and in accordance with the provisions of Article 6bis of the Paris Convention for the protection of industrial property.
42.2. The rights to famous marks are protected and belong to the trademark owner without registration. The trademark owner can use the documents specified in point 42.3 of this circular to prove his ownership of the trademark and trademark proof meets the conditions to be considered famous.
42.3. Documents proving ownership of the brand and the brand's famous includes the information about the scope, the scale, the degree, the continuity of the use of the trademark, including the presentation of the origin, history, period of continuous use of the trademark; the number of countries registered trademark is registered or recognized as famous trademark; the list of goods or services bearing the mark; the scope of the territory in which the mark was released, sales of the products or provide the services; the number of goods or services bearing the mark have been manufactured, consumed; the value of the property, the transfer price or transfer the right to use, the value of investment capital contribution of the mark; investments, costs for advertising, brand marketing, including for participation in the exhibition and international countries; the incident violated, and disputes the decision, the ruling of the Court or competent authority; consumer survey metrics known brand through sale, use and advertising, marketing; ratings, reviews the prestige brand of national, international organizations, the mass media; the award, a medal that the mark has been achieved; the results of the inspection authorities of the intellectual.
42.4. Case of famous brands are recognized under civil proceedings or by decision of the Bureau of intellectual property, the famous brand which will be recorded on the list of famous brands are kept at the intellectual property Bureau.
Section 6 PROCEDURES for REGISTRATION of GEOGRAPHICAL INDICATION 43. Requirements for geographical indications registration form 43.1. Geographical indications application must meet the General requirements specified in point 7 and 10.1 points of this circular and meets the specific requirements defined at this point.
43.2. Application must ensure the uniformity clause 1 Article 101 of the law on intellectual property, each register a geographical indication for a product.
43.3. single documents: Declaration-form 05-CDĐL specified in Appendix A of this circular; A description of the nature, the quality, the reputation of the product; A map of the geographical area corresponding to the geographical indication (all must be made in 2 copies) and 10 sample demonstrates how to present geographical indication will be used with the size not greater than 80 mm x 80 mm and not less than 20 mm x 20 mm (in the case of geographical indications is not the words).
43.4. Requirements for A description of the nature, the quality, the reputation of the product a) A description of the nature, the quality, the reputation of the products must have the information primarily to: (i) listed the properties/quality product carries specific geographical indications due to geographic conditions decided-is determined by the sensory criteria quantitative, qualitative, about the physics, chemistry, biology, check likely by technical means or by professionals according to a defined test method; and/or

(ii) the reputation of the product bearing the geographical indication due to the geographical conditions of decision-to be determined through the known products that widely among consumers concerned, potentially verifiable; and (iii) the geographical conditions make up the nature/special quality, reputation of the product bearing the geographical indication, including the unique elements of meteorology, hydrology, geology, landforms, ecosystems and other natural conditions; the unique elements of skill, techniques of production, including the production process of local traditions (can include one, several or all the stages, from raw material production, processing of raw materials to create a product and may include both stages the packing of products , if the stages which affect the nature, the quality, the reputation of the product), if that process is to create and maintain the properties, specific quality, the reputation of the product bearing the geographical indication, in which the clear and detailed information can be checked (if in the above information contains the confidential information technical know-how, has not been revealed or not widely known outside the locality, then the applicant has the right to refuse to provide details on the secret, the secret of which otherwise are committed to the privacy of such information at the request of himself); and (iv) the organic relationship between nature/specific quality, the reputation of the product bearing the geographical indications mentioned in 43.4 points a (i) and (ii) geographical conditions stated at 43.4 points a (iii) on here.
b) A description of the nature, the quality, the reputation of the product must be accompanied by a document certifying that the information about properties/quality/reputation is grounded and authentic (assay results, research, census, etc.).
43.5. Requirements for a map of the geographical area corresponding to the geographical indication map geographic areas correspond to the geographical indication must show enough information to be able to correctly identify the geographic region the natural conditions make up/special quality properties , the reputation of the product. A map can be filed material description of the geographical area corresponding to the geographical indication.
44. The evaluation forms, publish geographical indications application procedures and appraisal forms, publish geographical indications application made under the General procedure prescribed in point 13 and point 14 of this circular.
45. Evaluation of contents geographical indications application 45.1. Order content evaluation procedure the evaluation application content by geographical indications was conducted according to the General sequence specified in point 15 of this circular and the specific rules at this point.
45.2. Reviews the fit between the objects stated in the application and the certificate registered geographical indication the object stated in the registration form the geographical indications be considered inconsistent with the type of degree of protection to geographical indications, if that object is not visible signs are used to indicate the products originating from the region local, territory, or country specific in accordance with article 4 of the law 22 clause on intellectual property.
45.3. Reviews of geographical indication under the conditions of protection a) object stated in an accepted registration application and listed on the national register of geographical indications if it meets the conditions stipulated in article 79 of the law on intellectual property, and not in the cases specified in article 80 of the law of intellectual property , namely to demonstrate fully the conditions: (i) the existence of a geographical region corresponding to the geographical indications mentioned in the application;
(ii) the products originating from the aforementioned geographic region;
(iii) products that have particular quality/nature and/or the reputation determined by the geographic conditions of the aforementioned geographic region according to the provisions of article 82 of the law on intellectual property;
b) In the event of the following geographical indications, listed in the application is not registered: (i) the geographical indication has become the generic name of the goods in Vietnam;
(ii) the geographical indication of the foreign country in which the geographical indication cannot be protected, has been terminated for protection or are no longer used;
(iii) geographical indication identical or similar to a mark being protected in Vietnam, if the use of the geographical indication that is done, it will cause confusion about the source of the product;
(iv) geographical indications be misleading consumers about the geographic origin of the product bearing the geographical indication.
c) how the reviews of geographical indication under the conditions of protection the assessment of geographical indication protection under the conditions outlined in points a and b above 45.3. are made on the basis of the information provided by the applicant and on the basis of the information found is from information sources the following mandatory minimum : (i) trademarks are protected in Vietnam for identical or similar products with products bearing the geographical indication, with start date is earlier than the date of application to register geographical indications, trademarks are protected by the international treaties to which Vietnam is a Member;
(ii) trademarks are intellectual property Bureau noted for famous marks.
The case found identical or similar marks with geographical indications, intellectual property Bureau notifies trademark owners know to have comments on the registration of geographical indications within a period of 12 months from the date of signing the notification, which stated the right to oppose the registration of the geographical indication of the owner of the trademark if there are enough proven base instructions Geography in the case prescribed in paragraph 3 to article 80 of the law of intellectual property. Consideration of the opinion of the owner of the trademark is made according to the rules of the review comments of third parties specified in point 6 of this circular.
Geographical indications be misleading consumers about the geographic origin of the product bearing the geographical indication that when is identical or similar to the point of impossible to distinguish a sign consumers are known to Vietnam with the name is the origin of the geographical indications of goods , room service.
45.4. reporting results of the appraisal the content evaluation results content registration form geographical indication is made according to the General rules at the point of 15.7 of this circular.
46. Granted, registration, registration certificates published geographical indication The decision-making procedures, registration, announced the registration certificate for geographical indication was made according to the General rules in the 18th and 19th points points of this circular.
Chapter II REGISTRATION PROCEDURE the CONTRACT TRANSFER of INDUSTRIAL PROPERTY RIGHTS and PROCEDURES for COMPULSORY TRANSFER of the RIGHT to USE the PATENT section 1 REGISTRATION PROCEDURE the CONTRACT TRANSFERRING OWNERSHIP of the 47 INDUSTRY. Contract registration records transferred ownership of industry 47.1. The registration records of the contract of assignment of the industrial property rights must include the following documents: a) 2 a declaration registered transfer of industrial ownership, follow the 01-HĐCN specified in Annex D of this circular;
b) 2 a contract (the original or a copy of valid); 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) certificate from filing fees.

47.2. the registration records of the contract transfer of use of objects of industrial property (industrial property licensing contract) must include the following documents: a) 2 a registration Declaration of contract transfer the right to use the industrial property objects, follow the pattern 02-HĐSD specified in Annex D of this circular;
b) 2 a contract (the original or a copy of valid); 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) text agreed of the co-owner of the right to use the industrial property objects, if the respective industrial property right owned in common;
d) power of Attorney (if applying through a representative);
e) certificate from the fees.
48. The procedure of handling of records registered 48.1. In case the registration records of the contract transferring the ownership of the industry do not have the above mentioned shortcomings in 48.3 points of this circular, the Bureau of intellectual property, perform the following tasks: a) the decision to grant the certificate of registration of the contract of assignment of the industrial property rights/right to use industrial property subject;
b) (for the transfer of industrial property rights): noted on the degree of protection the new owner; in the case of transfer of a part of the category of goods or services bearing the trademark is protected, then the certificate of trademark registration for the new party and define the list of goods/services in the original protection degree for the assignment; or (for the contracts of transfer of the right to use the industrial property objects): certificate of registration of the contract of transfer of the right to use industrial property subject to the applicants; seal registration on 02 contract and awarded the applicants 1, 1 a;
c) noted the transfer of industrial property rights in the national register on transfer of industrial property rights;
d) announced decision to grant the certificate of registration of the contract of transfer of industrial property rights on industrial property Gazette within 2 months from the date of signing.
48.2. In case the contract paperwork transferring ownership of industrial omissions prescribed in points 48.3 of this circular, the Bureau of intellectual property, perform the following procedure: a) announced intention to refuse to sign the contract, which stated the lack of records the fixed term of 12 months, from the date of signing the notice to applicants corrected the deficiencies or have comments about the opposition intends to refuse registration of the contract;
b) notice of denial to register the contract if the applicants do not fix or repair the flaws do not meet the requirements, no comments or comments not intended for refusing registration of the contract within the time limit was fixed.
48.3. the registration records of the contract transfer of industrial property rights are considered flawed if in one of the following cases: a) invalid declarations;
b) Lack one of the documents in the category must be documents;
c) power of Attorney is not valid;
d) a copy of the contract is not validated;
e) the name, address of the parties to the transfer in the contract do not match the corresponding information in the degree of protection is grounded in contract or arising the rights transferred, power of Attorney, declarations; the party's name, address, was delivered in the contract does not match the name and address recorded in the power of Attorney, declarations;
g) the contract does not have enough signature (and seal, if any) of the parties to the transfer and delivered;
h) on transfer of the home is not the degree of protection;
I) industrial property objects involved are no longer in duration of protection or are in dispute;
k) contract transfer to the lack of must-have content as defined respectively in article 140 Article 144 of paragraph 1 or to intellectual property Law;
l) contract contents are inconsistent with the provisions of the conditions restricting the transfer of industrial property rights in article 139 of the intellectual property Law or the terms unreasonable restriction of rights of parties to be transferred the right to use industrial property subject to the provisions in clause 2 Article 144 of the law of intellectual property;
m) there are grounds for asserting that the assignment of industrial property rights industrial property rights of third parties.
48.4. The time limit for processing the registration records of the contract transferring ownership of industry is 12 months (not including the time for the submission of corrected deficiencies).
49. Noting the amendment content, extension, termination of the contract validity period to transfer the right to use industrial property subject 49.1. Modifying content, extension, termination ahead of time the validity of the contract of transfer of the right to use the industrial property objects registered must be recorded in the Office of intellectual property as defined at this point.
49.2. required records recorded content modification, extension, termination of the contract a) required records noted the amendment content, extension, termination ahead of time the validity of the contract of transfer of the right to use industrial property subject to do the text consists of the following documents (i) 2 a required declaration noted the amendment content, extension, termination of validity of the contract of transfer of the right to use the industrial property objects, follow the template 03-SĐHĐ specified in Annex D of this circular;
(ii) the original certificate of registration of the contract of transfer of the right to use the industrial property objects (modify registration case content, extend the validity of the contract);
(iii) documents that the amendment of the name, the address of the parties to the contract;
(iv) agreement, the document noted about the specific terms that need additional amendments in the contract, including the extension or termination of the validity of the contract ahead of time;
(v) the authoritative Paper (if filed the request through representative);
(vi) documentation fee.
b) records requested a contract must be filed no later than 12 months before the end of the contract term stated in the certificate of registration of the contract of transfer of the right to use the industrial property objects.
49.3. within 1 month from the date of receipt of the request noting the amendment content, extension, termination of contract, intellectual property Bureau is responsible for the review of records according to the following rules: a) in the case of documents, the intellectual property Department of the decision noted the revised content , extension, termination of validity of the contract of transfer of the right to use industrial property subject; Noting the content of the amendment, to extend the validity of the contract to transfer the right to use industrial property subject to the contract registration certificate to transfer the right to use industrial property subject; Noting the content of the amendment, extension, termination of the contract on the transfer effect using the object of industrial property on the national register of industrial property rights transfer; announced the decision recorded content modification, extension, termination of the contract in effect transferred the right to use the industrial property objects on the Gazette of industrial property within 12 months from the date of signing the decision;

b) in the case of records are missing, the Bureau of intellectual property notice intended to refuse to acknowledge the amendment, extension, termination of the contract in effect transferred the right to use the industrial property objects, which stated the lack of records and assign a time limit of 12 months from the date of notice of intended refusal to applicants for repair the omissions or comments to protest about planned to reject the registration of the contract; Notice reject recorded content modification, extension, termination of the contract on the transfer effect using the object of industrial property in case the applicants do not fix or repair the shortcomings of unsatisfactory profile comments, objections or comments for not accurate within the time limit was fixed.
Section 2 PROCEDURES for COMPULSORY TRANSFER of the RIGHT to USE the PATENT 50. The profile requires a decision required the transfer of the right to use the invention 50.1. The Organization, individuals have the ability to, or have the need to use the patent regulations in points a, b and c or hampered competition specified in point d of paragraph 1 to article 145 of the law on intellectual property have the right to request the competent person specified in clause 1 Article 147 of law intellectual decision required the transfer of right to use light prepared for themselves according to specific provisions in this Section.
50.2. The profile requires a decision required the transfer of the right to use the invention must include the following documents: a) 2 a declaration requesting the transfer of the right to use the invention, 04-CGBB specified in Annex D of this circular;
b) documents require decision forced the transfer of the right to use an invention is the authoritative base under the provisions of the law, in particular: (i) in the case of request the decision forced the transfer of the right to use the invention on the basis of the provisions of art. 145 Articles of the law on intellectual property, the file must have the documents at the time of the applicant, the fact is that needs to use the invention for the purpose of public, non-commercial, serving defense, security or the prevention, healing, nutrition for the people or to meet the needs of society, but the patent holder has not used the invention and not using an invention will affect the achievement of the purpose mentioned above;
(ii) in the case of request the decision forced the transfer of the right to use the invention on the basis of the provisions of point b paragraph 1 to article 145 of the law on intellectual property, the file must have documents proving patent holder has not implemented the obligation to use the patent regulations in clause 1 Article 136 and 142 Article 5 of the law on account of intellectual and at the time of the filing period ended 12 years from the date of filing the patent registration and term 3 years from the date the patent was granted;
(iii) in the case of requesting a decision required the transfer of the right to use the invention on the basis of the provisions in point c paragraph 1 to article 145 of the law on intellectual property, the file must have a document proving that the person wishing to use the invention does not reach agreement with the holding exclusive rights to use the invention on the signing of the contract of use patent wear Although in a reasonable time was trying to negotiate with prices and commercial conditions satisfactorily, in particular, to specify the needs to use the invention, the time was conducting negotiation, price and trade terms that have specific needs using the invention has proposed;
(iv) in the case of requesting a decision required the transfer of the right to use the invention on the basis specified in clause 1 of 145 d intellectual property Laws then in the profile must have a document proving that the person holding the exclusive use of the invention made the behavior were considered competitive restrictions prohibited pursuant to the law on competition;
(v) in the case of requesting a decision required the transfer of the right to use the invention in the field of semiconductor technology, the file must have the document to prove the use of the invention for which public purposes only, non-commercial use or produce documents proving the monopoly use of the invention made the behavior were considered competitive restrictions prohibited under provisions of the law on competition;
c) power of Attorney (if applying through a representative);
d) certificate from the fees.
51. profile handling procedures requires a decision required the transfer of the right to use the invention 51.1. Records are filed according to the following rules: a) in the case of records specified at points b, c and d of paragraph 1 to article 145 of the law on intellectual property, to be submitted to the Bureau of intellectual property;
b) in the case of profile defined in art. 1 Article 145 of the law on intellectual property be submitted to ministries, ministerial agencies manage the patent field.
51.2. Appraisal of records when the records in the cases specified in point 51.1. b of this circular, ministries, ministerial agencies designate an agency to receive and verify records.
Within a period of 12 months from the date of the record, the Bureau of intellectual property evaluation Agency, profile of ministries, ministerial-level agencies (hereinafter called the "agency profile assessment") review in accordance with the following: a) valid records case: within 15 days from the date of the profile , assigned to record notice of request to transfer the right to use the invention under a compulsory decision to the holder of the exclusive right to use the invention and ask the person to have comments in writing within a period of 12 months from the date of notification; ask the parties concerned to negotiate again in order to overcome the disagreements to the contract to transfer the right to use the invention, if it deems necessary; in the absence of an agreement between the parties and if it deems the non-acceptance of the contract transferring the patent rights of parties holding rights is unreasonable, then the resulting report review and recommend to the Minister of science and technology or the Minister Ministerial heads, the decision required the transfer of the right to use the invention.
If required in the cases stipulated in art. 145 Thing of intellectual property Law and the use of the invention for the purposes of the public, non-commercial, the ministries, ministerial agencies has decision-making authority required to transfer the right to use the invention without asking the person who holds the exclusive right to use the invention of the opinion and does not require the parties to negotiable.
b) case required a decision to transfer the right to use an invention with no authoritative base under the provisions of article 145 of the law on intellectual property, the agency evaluation reports record results review and recommend to the Minister of science and technology or the Minister Ministerial heads, announced the intended rejection, has stated the reason for denial and fixing a time limit of 12 months from the date of notification to the applicants to have comments on the intended refusal.
The time limit for the submission of corrected records or omission of opposing opinions don't count on the time limit to review the records.

c) for the record in the case stipulated in art. 145 Articles of the law on intellectual property, the profile of the key ministries, ministerial agencies stars send records to obtain the opinion of the Ministry of science and technology (through the intellectual property Bureau) before submission to the Minister Ministerial heads, decided as specified at points a and b above. Within 15 days of receiving the application, the intellectual property Department to review records, reports to the Minister of science and technology submitted comments in writing proposed Ministers, heads of ministerial decision-making authority required to transfer the right to use the invention or denial message.
51.3. Within 15 days of receiving the report results to review records of the Bureau of intellectual property, the Minister of science and technology review and the decision required the transfer of the right to use the invention, or sent to the person filing the notice refused to compel the transfer of patent rights , which stated the reason for rejection.
Within 15 days of receiving the written recommendation of the Minister of science and technology, the Ministers, heads of ministerial agencies review and decision forced the transfer of the right to use the invention, or sent to the person filing the notice refused to compel the transfer of patent rights , which stated the reason for rejection.
In the case do not agree with the proposal of the Minister of science and technology, the Ministers, heads of ministerial agencies notified by text, which stated the reason.
51.4. Compulsory transfer of right to use patents to be Ministers, heads of ministerial agencies send people transferred the right to use the patent, the exclusive use of the invention and intellectual property Bureau.
Intellectual property right Bureau noted the decision on the national registry of the industrial property right transfer in term 1, and published in the Official Gazette of industrial property within 12 months from the date of signing.
52. The request to terminate the right to use the invention under a compulsory decision 52.1. The termination of the right to use the invention under a compulsory decision must be Ministers, heads of ministerial agencies-who has the required transfer decision-decision.
52.2. Requesting termination of your right to use the invention under a compulsory decision includes the following documents: a) the written request to terminate the right to use the invention under a compulsory decision;
b) documents proving the base led to the transfer of the right to use the invention under a compulsory decision no longer exist and are not likely to reappear, and the termination of the use of the invention does not cause damage to the person is transferred the right to use the invention under a compulsory decision;
c) power of Attorney (if the submission request through representative);
d) certificate from the fees.
52.3. procedures for receiving, processing the request to terminate the right to use the invention under a compulsory regulation and the decision to terminate was done as for the procedure of receiving, processing of dossiers transferred the right to use the invention under a compulsory decision specified in point 51 of this circular.
Chapter III INDUSTRIAL PROPERTY AGENT category 1 granted, REVOKED the CERTIFICATE of PRACTICE SERVICES 53 INDUSTRIAL PROPERTY AGENT. Certificate of practice 53.1. Conditions of certificate of practice Just who meet the conditions specified in paragraph 2 to article 155 of the new intellectual property Laws are certification services practice industrial property agent. To be certified, that person must submit the request for the Bureau of intellectual property as defined at this point.
53.2. requesting records certificate of practice a) dossiers practising certificate services industrial property agent must include the following documents: (i) 2 a declaration asking practising certificate services industrial property agent (practice), follow the pattern 1-LICENSES specified in Appendix E of this circular;
(ii) a copy of the notice requirements in the Professional exams of the industrial property agent by the intellectual organization of the Bureau;
(iii) 2 photos 3 x 4;
(iv) certificate from the fees.
53.3. Handle certificate requests records of practice: in case of valid records, within a period of 12 months from the date of the record, based on the basis of the review, the Bureau of intellectual property, the decision to grant the certificate of practice and practising certificate to the applicants; recorded the grant of a certificate of practice into the national registry of the industrial property agent; announcement of the grant of the certificate of practice on industrial property Gazette within 2 months from the date of signing the decision; or notice the omission of profile and assign a time limit of 1 month to the applicants shortcomings; notice of refusal or certificate of practice, which stated the reason for rejection, if the applicants do not fix the flaws, shortcomings not satisfactory or invalid records.
54. practising certificate revocation If the representative industrial property infringement and sanctioned by this form of certificate revocation, then practice on the basis of the decision to revoke the certificate of practice services industrial property representatives of competent State agencies handling administrative violations The intellectual property Department, the decision to revoke the certificate of practice; delete industrial property agent in the list of industrial property representative of service organization industrial property agent; announced the revocation of the certificate of practice on industrial property Gazette within 2 months from the date of signing.
55. To practice intellectual property Bureau conducted the procedure of reissuing the certificate services practice industrial property agent as suggested in writing to follow the model 02-CLCC specified in Appendix E of this circular of the industrial property agent in case the certificate is lost or corrupt practice (tear , dirty, faded ...) to the extent that can not be used.
The procedure of reissuing the certificate of practice is done similar to the procedure of certification of practice prescribed in this circular of 53.3 points.
Section 2 NOTED, modify, DELETE the NAME of the SERVICE ORGANIZATION 56 INDUSTRIAL PROPERTY AGENT. Acknowledged service organizations 56.1 industrial property agent. To officially make the right to represent applicants before the Bureau of intellectual property, the service organization industrial property agent must do the procedures noted in the national register of industrial property agent as defined at this point.
56.2. Profile requirements noted service organization representing industrial property on the national register of industrial property agent must include the following documents: a) 2 a required Declaration recognized service organization industrial property agent, follow the template 03-YCGN specified in Appendix E of this circular;
b) list of members with professional representation services of industrial property organization; have attached a copy of the decision of recruiting/employment contract for each of the aforementioned Member;
c) copy of business registration certificate/certificate of registration of the Organization's activities;
d) fee to industrial property agent of the Organization;
e an authoritative text) representation of the head of the Organization for one of the members of the list referred to in point 56.2. b on here (if necessary);
g) certificate from the fees.
56.3. Within a period of 12 months from the receipt of intellectual property, the Department conducted a review of the records suggest noted service organization industrial property agent is similar to the procedure of certification services practice industrial property agent in 53.3 of this circular.

57. Noting the amendment of information on service organization industrial property agent 57.1. Service organization industrial property agent has the right to request the intellectual property Bureau noted the change related to the Organization's name, address, membership in the list of industrial property representative.
57.2. Profile requirements noted the amendment of information on service organization industrial property agent must include the following documents: a) 2 a required declaration noted the revised information on the service representative organization of industrial property, 04-YCSĐ specified in Appendix E of this circular;
b) copy of business registration certificate/certificate of registration has been modified by the service organization industrial property agent (in case of change of name, address of the Organization);
c) recruitment decision or the decision to terminate employment contracts for industrial property representatives are members of the Organization (in case of changes in the membership list of the industrial property agent of the Organization);
d) certificate from the fees.
57.3. profile handling procedures require modification information on service organization industrial property agent is conducted similarly to the procedure specified in this circular of 53.3 points.
58. Delete the name service organization industrial property agent In the case prescribed in clause 2 Article 156 of the law on intellectual property, the intellectual property Department of the decision to remove the name of the service organization representing industrial property; Noting the deletion of the name of the service organization industrial property representatives in the national registry of the industrial property agent; notification of the deletion of the name of the service organization representatives of industrial property offices have issued the business registration certificate, certificate of registration of the Organization's activities; announced the deletion of the name of the Official Gazette of industrial property within 12 months from the date of signing.
Item 3 CHECK the PROFESSIONAL INDUSTRIAL PROPERTY REPRESENTATIVE 59. Professional testing of industrial property agent professional representatives examination of industrial property (hereinafter referred to as "test") as defined in article 28 of Decree of industrial property are conducted according to specific rules are as follows.
59.1. professional examination Board representatives of industrial property: the Council of professional representatives examination of industrial property (hereinafter called "the Council") by the Director of intellectual property creation, task out of subject test, inspect and test dotted as the regulations check services represented by the intellectual Director property Tue issued (hereinafter the "regulation").
The Council examined include the President of the Council-is the Director of intellectual property, the Vice President of the Council, Commissioners Secretaries and other members appointed by the President of the Council from a list of professionals can join the Council examined. The list of experts can join the Council examined include the expert understanding of laws and law enforcement practices on establishing the industrial property rights in the intellectual property Bureau and the social organization of the profession of industrial property agent by the Minister of science and technology approved on the basis of proposals by the Agency that, organisations.
The decision of the Council to be adopted according to the voting rules, with two-thirds of the comments of the Board members.
Remuneration for the work of the members of the Council are spending with revenues from fees check the experience of the industrial property agent service under test.
59.2. Registration check: 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, including the following documents: (i) 2 a test registration form (follow the model 05-KTNV specified in Appendix E of this circular);
(ii) a copy of university diploma;
(iii) documents that have been trained in the law of industrial property, or have experienced in this activity: Copy certificate training course on industrial property legislation the Ministry of science and technology recognized certifications of training facility where the applicants have made a university thesis following University, on the subject of industrial property; or document certified by the competent authorities on the people that were directly working on the evaluation of industrial application in the national or international agency of industrial property continuously from 5 years upwards or were directly working on industrial property legislation specified in point d of paragraph 1 to article 155 of the intellectual property Law ( include inspection, inspection, prosecution, adjudication, legislation, legal advice on industrial property; scientific research has a research staff title, teaching about industrial property);
(iv) 2 photos 3 x 4;
(v) Evidence from inspection fees.
59.3. where documents, intellectual property Bureau inform the applicants about the person that is eligible to take the test, and specific notice of time, place, check the calendar.
59.4. content and tests: a) check contents include: (i) the law on industrial property of Vietnam and the international treaties to which Vietnam participates;
(ii) do business, filed, in the pursuit of industrial application;
(iii) professional retrieval, extraction of industrial property information;
(iv) other content if needed.
b) Deals with test scores and test preparation by the Board, was President of the Board approval and inspection are confidential until the start hour test.
59.5. Inspect a) the examination is held in batches (non-recurring) as there are from 5 or more people register a valid test.
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.
Chapter IV GUARANTEES INDUSTRIAL PROPERTY INFORMATION 60. Construction and management of a national database on industrial property 60.1. Intellectual property Bureau is responsible for building and managing a national database of industrial property in order to respond in a timely manner, complete and accurate the demand for industrial property information service for research activities, application, development and socio-economic activities.
60.2. national database of industrial property comprises the information was published stated below, are a way of gathering, filtering, the system, consistent with the purpose of retrieval: a) the register of industrial property;
b) The degree of protection has been issued and the rights of industrial property protection was admitted in Vietnam;
c) by patent (patent) was granted by the countries/areas of the background science and the most advanced technology;
d) some sort of degree of protection of the industrial property rights to another depending on the purpose of use of information.
61. the approach and the exploitation of industrial property information in a national database of 61.1. Every organization or individual has the right to access and exploit the information in national databases of industrial property information users after registration with the intellectual property Bureau.

61.2. Persons wishing to access, exploitation of industrial property information ("user information") to lookup, search for information in a national database.
News users can request the Bureau of intellectual property lookup, search for information in a national database and must pay the fee prescribed lookup.
62. information lookup services industrial property 62.1. When asking the Bureau of intellectual property lookup, find information on industrial property, the user must set the lookup request (according to the model 01-YCTC, O2-YCTC and 03-specified in Appendix F YCTC of this circular), which must clearly state the purpose and scope of the request (lookup fields data, information, time, country or region need retrieval...).
62.2. Within a period of 12 months from the date of the request, the Department lookup intellectual answer to users.
In the case of valid lookup request (has a valid lookup request under the provisions of this circular 62.1 points and have filed the charge lookup), the intellectual property Bureau responded by sending "lookup report" for the user, which clearly results lookup, find information according to user's requirements.
In case of invalid lookup request (request invalid lookup, for unknown purposes, the range lookup, not file charges retrieval...), the Bureau of intellectual property notice refuse requested lookup, has stated the reason for rejection.
62.3. lookup report only includes information found and the source of the information. If any information not found in the sources be required to lookup, lookup report must also clearly state that.
There is no lookup report the content of the comment, reviews of the information found.
62.4. search report must clearly name who make simultaneous lookups responsible results lookup.
63. Ensuring industrial property information at the local 63.1. Depending on the condition and its ability, State Agency on industrial property (Department of science and technology), provinces and cities under central Government can set up and manage a database of industrial property in order to ensure industrial property information for the research activities development, application, production, business and industrial property rights protection.
63.2. State administration of industrial property in the province, central cities have the responsibility and have the right to conduct information assurance activities of industrial property under the provisions of this circular.
64.64.1 document copies. Every organization, the individual concerned has the right to request the intellectual property Bureau issued a copy of the document issued by the Bureau of intellectual property released or kept, which has confirmed the original copies or a save. The documents relating to private bills announced, only new applicants have the right to request a copy. The person requesting the copy to file charges under the rules.
64.2. Request copies of documents are: a) the required copies text documents, consisting of 2 copies;
b) the original document issued by the Bureau of intellectual property release (case documents are not stored in the Bureau of intellectual property);
c) certificate from file charges.
64.3. within 10 working days from the date of receipt of the petition, copies of intellectual property Bureau issued a copy or notice of refusal have stated the reason.
Chapter V ENFORCEMENT CLAUSE 65. Regulation on procedure of industrial intellectual Bureau is responsible for issuing regulations to conduct the procedure on industrial property consistent with the provisions of the Decree on industrial property and this circular.
66. the transitional regulations 66.1. The patent application as prescribed in this circular are understood as including a petition granted by patent and patentability requirements useful solution as defined before.
66.2. for the international registration of marks has been recognized for protection in Vietnam under the previous regulations, the WIPO Gazette or the Official Gazette of industrial intellectual Bureau's publication of the international registration of marks that have value as a basis for the verification of the mark.
66.3. Prior to the new regulations on fees and charges, the level of fees in this circular apply circular No. 132/2004/TT-BTC dated 30 December 2004 of the Ministry of finance guidelines, submission, management and use of fees of industrial property.
66.4. Document templates according to the previous provisions continue to be used until the intellectual property Bureau completed the technical conditions and have an official notice apply document templates specified in this circular.
67. Effective 67.1. This circular replaces circulars: a) Circular No. 3055 TT/-PRICE LIST on December 31, 1996 of the Ministry of science, technology and environment, guidelines for implementing the regulations on the procedure of establishing the industrial property rights and a number of other procedures in Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property;
b) Circular No. 29/2003/TT-BKHCN on 05 November 2003 of the Ministry of science and technology guidance to perform the procedure defines industrial property rights with regard to industrial designs;
c) Circular No. 30/2003/TT-BKHCN on 05 November 2003 of the Ministry of science and technology guidance to perform the procedure defines the rights of industrial property for patents/utility solution.
67.2. This circular takes effect after 15 days from the date The report./.