Circular No. 1134/sc: Guide The Implementation Of Decree No. 84-Dated 20 March 1990 Of The Council Of Ministers On The Amendment And Supplement Of The Technical Innovations – Rationalize Production And ...

Original Language Title: Thông tư 1134/SC: Hướng dẫn thi hành Nghị định số 84-HĐBT ngày 20-3-1990 của Hội đồng Bộ trưởng về việc sửa đổi, bổ sung Điều lệ về sáng kiến cải tiến kỹ thuật-hợp lý hoá sản xuất và ...

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CIRCULAR of the STATE SCIENCES COMMISSION NUMBER 1134/SC on October 17, 1991 in GUIDING the IMPLEMENTATION of DECREE NO. 84/DATED 20 March 1990 of the COUNCIL of MINISTERS on the AMENDMENT and supplement of the TECHNICAL INNOVATIONS – RATIONALIZE PRODUCTION and INVENTION; CHARTER OF THE TRADEMARK;
RULES FOR INDUSTRIAL DESIGNS; CHARTER of USEFUL SOLUTIONS to ENFORCE ORDINANCES PROTECTED INDUSTRIAL OWNERSHIP – pursuant to article 10, Decree 84/dated 20 March 1990 of the Council of Ministers on the amendment and supplement of the technical innovations – rationalize production and invention; Charter of the trademark; Rules for industrial designs; Charter of useful solutions in order to enforce the Ordinance for protection of industrial property rights;
-Based on the responsibilities of the Scientific Committee of the State specified in the aforementioned Charter;
State Science Commission explaining and guiding the implementation of the Charter was enacted and amended and supplemented by Decree No. 84/HĐBT as follows: chapter I OPERATIONS MANAGEMENT TECHNICAL INNOVATIONS – RATIONALIZE production. REGISTRATION PROCEDURES, recognizing and APPLYING TECHNICAL INNOVATIONS – RATIONALIZE PRODUCTION a. recognized standard technical innovations – rationalize the production of 1. According to article 1 of the Charter of the technical innovations – rationalize production and invention are attached to the Decree 31/CP on 23-01-1981 and amended and supplemented by Decree No. 84/dated 20 March 1990 of the Council of Ministers (hereinafter referred to as the Charter initiative, invention): a technical solution or a new production organization solutions , have the ability to apply and bring practical benefits to the Agency, the registration shall be recognized as technical innovations – rationalize production (known collectively as the initiative).
2. technical solutions could be:-the structure is detailed or gather much more linked together to perform a certain function. For example: tools, machines, equipment, products, structures etc.
-The substance is the set of elements which are related to each other, are characterized by the presence, status and rates of elements of the form and have certain uses. For example, materials used in the manufacturing, construction, pesticides, fertilizers, pharmaceuticals, cosmetics, food, etc.
-The method is the way and order of operations, resources, stages, have a relationship with each other to achieve a certain purpose. For example: process technology, measurement methods, exploration, mining, construction, etc.
3. organizational solutions produce may be the layout arrangement, use tools, objects and the workforce in the manufacturing process with industry.
4. technical solutions or solution manufacturing organizations (the remainder of the chapter I'll be called off is the solution) is considered new if that solution does not coincide with a solution was registered before in agencies, units and before the date of registration of that solution:-not yet applied, have not been taken on the plan to apply or not yet prescribed form these measures made the catch forcing.
-Not yet described to the extent based on it can apply to be in the source of the information which the Agency had units.
5. The solution was deemed to have the ability to apply if that solution:-meet production tasks, the work of the Agency, the unit.
-Fit the economic conditions, the Agency's techniques, the unit at the time of registration.
-Can perform repeated many times when demand and effective as described in the registration form.
6. The solution is considered beneficial for the body, if the unit when applicable, solutions that bring economic, technical, or social benefits compared to technical condition or the Agency's production unit, before significant pressure solutions (advanced productivity , reduce production costs, improve product quality, improve working conditions, living conditions, health conditions, improving labor safety...).
7. Technical solutions proposed by the technical personnel or organizational solutions produced by administration officials suggest are directly related to the tasks according to the provisions of article 5 the Charter initiative, invention only if the initiative is recognized within the industry or local the solution that has a new, potentially widely applicable and effective technical, economic or social benefits.
Solutions directly related to tasks solution is created when performing tasks in the scope of responsibility or function of the person who created the solution.
The solution is created when performing the subject in the scientific research plan-deploy the Agency's engineering unit, was not considering recognition initiative.
The solution is not directly related to the tasks of technical staff or managers are gaining recognition as the initiative according to the criteria specified in article 1 the Charter initiative, invention and points 4, 5, 6 of this circular.
B. registration and recognition initiatives 8. 8.1 initiative registration. The right to apply the initiative belongs to the person who created the solution.
8.2. the initiative application form in Appendix 1 of this circular and can be submitted to the Agency, the unit where the applicant's business or agency, any units that follow the applicant have the ability to apply his solution, unless otherwise stated in point 8.3 below.
8.3. If the solution was created when the applicant made the Agency's mission, the unit within the assigned responsibilities or agencies, units of investment funds, means to create solutions, the only initiative application was filed with the Agency, the unit where the applicant worked. If the agency unit, refused to recognize the solutions initiative, the applicant has the right to apply initiative in the Agency, other units.
9. the recognition procedure 9.1 initiative. The Agency, the Unit received the initiative application are noted on the registry initiative and give the applicant a receipt form. The registry initiatives follow the model in Appendix 2 to this circular. The register receipt paper initiatives follow the model in annex 3 to this circular.
9.2. within 1 month from the date of receipt, the Agency, the unit must consider and decide on the recognition or non-recognition of the solutions initiative as specified in points 1 to 6 of this circular.
Results considering the menu to do the text according to the model in annex 3 to this circular.
If the solution contains complex content or need to test, the time limit may be extended and the Agency, the unit must notify the applicant.
If the solution in the cases specified in point 7 of this circular, after review under the procedure outlined in the preceding paragraph and the likely solution recognized as initiative, agencies, units sent to the superior administration directly a sign under initiative of the Agency units. Within 1 month from the date of receiving the application, the management agency initiative supervisor must consider as defined in point 7 of this circular and the opinion answered in writing. Only after the written reply was received, the Agency, the new unit was a decision to recognize or not recognize the initiative.
9.3. When deciding to recognize solutions initiative, agency heads, the unit issued to the applicant a certificate of the initiative and reported in the units. Certificate of the initiative following the model in annex 5 of this circular.
When the decision not to recognize the solutions initiative, agencies must notify the reasons to the applicant in writing.

If the Agency, unit does not recognize the solution is not yet available because the initiative conditions apply to reserve the initiative application was filed. As applicable, the Agency must recognize the priority unit solution initiative.
10. Certificate of effective initiatives within the Agency, unit and confirm: the solution is initiative, authored the initiative, the rights of the author.
11. within 1 month from the date of expiry of the consideration specified in point 9.2 above or from the date of notice of results considering the application of innovations, those referred to in points 11.1 and 11.2 below complaint in writing with the agency heads, the unit.
11.1. The applicant has the right to complain about:-not be considered or not considered properly prescribed time limit;
-Reasons for the decision not to recognize the solutions initiative.
11.2. Any person in authority, the unit has the right to oppose the certification initiative if the solution does not meet the recognized standards initiatives under the provisions of the Charter initiative, invention and this circular.
12. Heads, the unit is responsible for resolving the complaints stated above and reported the results to the complainant.
If not agree with your comment about the complaints of the heads, the parties concerned have the right to appeal to the superior authority. The decision of the heads of departments or provincial people's Committee Chairman, central cities is the final decision.
Time limit complaints at each level is 1 month from the date of receipt of the complaint.
C. apply the initiative 13. The Agency, the unit is responsible for the organization applied the initiative was recognized on the production, the work. Based on the contents of the initiative, the economic, technical and needs to apply the Agency's initiative, of each department or unit within the Agency, the unit. The head of the decision or grant to officers in charge of the Department decided to adopt the initiative into the production, the work.
The organization applied the initiative can put into the plan apply to technical progress or a corresponding plans of other agencies, units to perform.
The Department in charge of the work and initiatives of industrial property is responsible for the track, urging, check the organization applied the initiative.
14. Decides to apply the initiative must specify starting date applies, the individual or Department responsible for applying and the norms, economic indicators, new techniques.
The norms, technical norms, economic gain as a result of the application of the initiative be identified upon review recognized the initiative or after testing, apply an it initiative.
II. PROTECTION of the RIGHTS of AUTHORS of INITIATIVES and ENCOURAGE INITIATIVE ACTIVITIES a. compensated authors initiative 15. The initiative received author remuneration when the initiative was applied on the production, the work.
The level of remuneration to authors of an initiative is calculated in the first application and not 5% lower than the amount of benefit obtained during that year.
For these initiatives to the benefit obtained does not calculate the amount as improving labor safety, improve working conditions, the level of compensation is determined according to the instructions of the Ministry of finance and the State Science Commission.
For the initiative to alter the design of the basic construction was approved, the level of compensation is determined according to circular No. 173/SC 15-02-1984 of the construction Committee of the State and of the scientific and Technical Committee of the State.
16. The agency unit of applied innovations has the obligation to determine the benefit obtained and compensated for the author the initiative.
For agencies, units of financial autonomy, remuneration levels by the heads, the Unit decided to. If the author is initiative heads of unit, then the wage due to supply management agency heads directly on the decision.
For the units not yet independent economic accounting or administrative agency for the industry. The heads are entitled to decide on the remuneration levels of the hierarchy, local. The wage decision for the author's unit, agency heads must still prescribed in the preceding paragraph.
17. Remuneration to the author the initiative are paid within 1 month after the first application. The prepayment for the author a compensation only be done after the initiative was applied officially for 3 months or more. Prepaid amount which corresponds to the level of 5% of the amount of the benefit obtained from the time and are deducted from the total amount of compensation that the Agency, the unit charged to authors.
18. After the end of the year the first application, the Department in charge of the computing initiative money benefits or determine the gains obtained to make determining the level of remuneration: a-for the initiative to calculate the money benefit and cash benefit computation results were the parts that apply and chief accountant or head of your agency's mission Unit, confirm, then the Division in charge of the expected wage initiative suggest that heads, decide unit;
b-for the initiative here, they must give the Council of industrial property and the initiatives of the Agency, the review unit and expected wage to suggest the heads decide:-the initiative to calculate the money benefit but the calculation results of money do not yet parts owners unanimously endorsed;
-Initiatives that benefit is money do not fully reflect the different values and needs to raise the level of remuneration;
-The initiative does not calculate the benefit money.
c-for the initiatives that the author is heads, the unit, after the Council initiative and industrial property review, expected wage shall submit the record to the superior management decisions. The records include: the application of innovations, a cash benefit calculation, expected remuneration levels.
Within 1 month from the date of receipt, the superior heads directly responsible for notification in writing of its decision to the Agency, unit compensated for the author.
19. The Agency, in a unit or local application of expanding the initiative as provided for in paragraph 1 to article 38 Charter initiative, invention is responsible for determining the benefit obtained, wage and pay remuneration to authors under the procedure specified in section a, b on 18 points.
Scientific management agency or the local engineering is responsible for the track, urging, examine the compensation to the author.
B. encourage active initiatives 20. The recommended compensation for those who support and those who join organizations apply initiatives first (including those involved with applying expanding initiatives are popular as prescribed in clause 1 article 38 Charter initiative, invention) be done simultaneously with the paid remuneration to the author.
The bonus number is retrieved from the money benefit obtained by applied innovations.
21. Contract between heads of agencies, units and staffs, employees as prescribed in article 47 Charter initiative, patent (hereinafter referred to as contracts) are intended to solve a specific task, the importance and urgency of the bodies, the unit, can not solved by planning measures or assigning.
The contract includes the following principal contents:-name of the person signing the contract;
-Task to be solved;
-Technical status, current production;
-The requirements of the tasks to be solved, the economic indicators, techniques and benefits should be achieved;
-Expected wage when completing the implementation of the contract;
-Rights and obligations of the Contracting Party.

The Agency's principal obligation, the unit is facilitated to those who sign a contract to solve the tasks stated in the contract (provision of information, allows the use of the equipment, supply of materials ...) and compensation for those who have made the contract. Obligations of the recipients to solve main tasks is to ensure progress and quality requirements of the mission were recorded in the contract.
The solution was created on the basis of the implementation of the contract was recognized as the initiative. The participants create solutions is recognized as the author of that initiative. If the expected wage in the contract is lower than 5% of the amount of the benefit obtained in 1 year to apply the aforementioned initiatives, the agency heads, the unit must raise at least up to wage by 5% cash benefit.
C. the complaint and resolve complaints about paying for the author the initiative 22. Within 2 months from the end of the time limit to pay remuneration specified in point 17 of this chapter the author has the right to complain about paying in the case below, the Agency:-not for the author;
-The level of remuneration is lower than the minimum level specified in the Charter initiative, invention;
-Amount of the benefit to the Agency, the unit of calculation is lower than the actual benefit amount.
Complaints about paying to do the text and send it to the Agency, heads the unit.
23. The Heads of agencies are responsible for resolving and announce the results to the complainant. If does not agree with the results solve of heads, the unit, the author has the right to complain to the management agency heads. Time limit complaints at each level is 2 months from the date of receipt of the complaint. The decision of the Secretary, the Chairman of the provincial people's Committee, the central cities is the final decision on this issue.
 
CHAPTER II PROCEDURES For ISSUING INDUSTRIAL PROPERTY RIGHTS I. GENERAL PROVISIONS 24. Property rights for inventions, utility solutions, industrial designs, trademarks-collectively known as industrial property rights-copyright and patent, utility solutions, industrial designs-copyright-as confirmed by the degree of protection by the patent Department of the State Science Commission granted under the provisions of the respective statutes and towards specific guidance in this circular.
25. only organizations and individuals would have the right to petition for protection as well as the Organization, individuals are transferred the right to file such as the provisions of the Charter and materialized in this circular for filing a new patent for the degree of protection. People applying for issuing protection must ensure the honesty of the information about the applicant and the author are in the menu. When the degree of protection abandoned in force because the degree is granted to people who do not have the right to file or because of improper validation of diplomas to the author, the owners of the degree of protection-that is, the applicant – to be responsible as a result of the use of the owner of the corresponding object.
26. organizations and individuals, Vietnam, as well as the Organization, individuals resident or foreign representative offices, or to have production facilities, business services, real activity in Vietnam can apply directly to the Directorate of patents or through The industrial property agent.
The Organization, individuals are not permanent, no representative body or no production facilities, business activity services in Vietnam, they must apply through industrial property representative.
Standard, powers, obligations of The industrial property agent according to the "regulation on industrial property representative" be attached to decision No. 309/QD on 12-6-1990 Chairman of the Scientific Committee of the State.
27. The petition for protection (hereinafter referred to as the application) must be made by Vietnamese and must follow the rules of the form, the content of the circular and the detailed instructions in the text of the Patent Bureau.
Application may be filed in the Patent Bureau, 96-98 Nguyen Trai, Hanoi or can send via postal mail at the address above.
28. The applicant must submit the relevant fee specified in point 82 of this circular. If not properly regulated fees, then the requirements of the applicant will not be considered Patent Bureau.
29. Priority of 29.1. The right of priority is determined according to the date of priority, the priority date of the Application is on a valid Application to patent or are determined by international treaties to which Viet nam participated. Cases like to enjoy priority rights under international treaties, then the applicant must submit a copy of the filed application or certificate first exhibited or other materials by the respective international treaty provisions.
29.2. In the case of multiple valid Application with content protection requirements overlap to patent the same day and have the same priority date, the Patent Bureau requested the applicant agreed with each other on a single common submission. If no agreement is then the Patent Bureau will not consider the issuing of protection for anyone.
30. The procedure of granting the degree of protection of inventions, utility solutions considered suite is done according to the respective regulations of the invention, useful solution suite.
II. Inventions, UTILITY SOLUTIONS a. patent protection standards 31. According to article 10 the Charter initiative, patent: patent protection is the new technical solution compared to the level of world engineering, innovative, able to apply in the field of Economics, engineering.
32. a recognized technical solution is new compared to the level of engineering in the world if: a-Before the priority date of the application, the solution has not yet been revealed publicly in the country or outside the form used or described in any of the following sources of information to the extent based on it can be done :-sources of information related to inventions, utility solutions abroad, counted from the date of publication;
-Other sources of information, with any bearing information (publications, film, tapes, disks from optical disc, ...) from the date of circulation of bearing or news from print publications (when not defined are then calculated from the last day of the month, if not identified, then the calculated from the last day of the year);
-Other sources of information (radio, radio, tv)-from the date of publication;
-Scientific reports, lectures ... If recorded by any means-from the date of the report or lectures;
-The exhibition-from the date of start of artifacts on display.
A information to be considered has not been revealed publicly only if a number of people identified that information;
b-solution that does not coincide with the solution described in the petition for protection of inventions or utility solutions has filed for the Patent Bureau have the priority date earlier than the.
33. technical solutions are recognized as innovative if based on the technical level in the country and outside the country as of the priority date of the application, the solution which does not arise in a way obvious to experts in the respective field of engineering that must be the result of creative activity.
Technical solutions in the following examples are considered to have no creativity: using separately or use a combination of these factors, structure, nature, known methods that do not create functions, uses or new effect; either replace with optimal among known projects.

34. technical solutions is recognized as having the ability to apply if based on the nature of the solution are described in the application, specialists in the field of the corresponding techniques that can be implemented that solution and obtained results as described in the application.
B. protection standard 35 useful solutions. According to paragraph 1 article 2 of the Charter of the helpful solution attached to Decree 200/dated 28-12-1988 amended and supplemented by Decree No. 84/dated 20 March 1990 of the Council of Ministers (hereinafter referred to as the Charter useful solution): useful solutions is the new technical solution compared with technical proficiency in Vietnam , is likely to apply in the economic conditions, the current technique.
36. a recognized technical solution is new compared to the technical level in Vietnam if: a-Before the priority date of the application, that solution has not been revealed publicly in Vietnam under the form used or described in the sources of information as outlined in point 32. a circular, but in that time the expression is calculated from information on the sources of that information in the Vietnam.
The solution is not considered lost the novelty if that solution were others published within 6 months before the filing date without permission of the person who has the right to file;
b-solutions which satisfy the conditions stated in point 32. b this chapter.
37. technical solutions is recognized as having the ability to apply if based on the nature of the solution are described in the application, specialists in the field of the corresponding engineering can make that solution in economic terms, techniques of Vietnam and obtained results as described in the application.
C. the object of the patent 38 useful solutions. The object of the invention is useful solution structure, substance, method as stated in point 3 of this circular. The use of a physical structure, the method known as new functions are also considered as the object of the patent.
D. the right to petition for protection of inventions, utility solutions, 39. The right to belong to the applicant or who created technical solutions (hereafter referred to as author or co-author) or the legal successor of the author, except in the cases referred to in points following 39.6 and 39.5.
39.1. The case of multiple authors of the same create a technical solution capable of patent protection, useful solutions, each author or the legal successor of the author are only along with other co-authors, filed a joint application.
39.2. If the right to file many heirs, each person only together with the other heirs must submit a general application.
39.3. Each co-author 39.1 points, each stated at Council of inheritance in 39.2 points on here has the right to:-make the right to refuse his application but not so that hinder the realization of the right to submission of others;
-The transfer of the right to apply to the person not in the above case if the consent of all the people who have the right applicant stated in each case respectively.
39.4. Any dispute about copyright, permissions apply only to be considered resolved after the issuing of protection.
39.5. If the technical solution was created when the author made the task of organizing the State or collective organizations within the scope of the assigned responsibilities or by the aforementioned organization of investment funding, then the right to file devices belong to that organization.
In this case, the aforementioned organizations lose the right to file and filing rights belong to the author if the author has been notified in writing to the Organization on creating technical solutions and the possibility of solutions that that after 2 months from the date of the notice , the Organization did not apply.
39.6. If the technical solution was created by performing contract research in science, engineering, deployment or employment contract that the author is right, then the right to file belongs to the assigning party if the contract does not prescribe the right applicant belongs.
39.7. Right to file can be transferred to organizations and individuals in writing signed by the parties concerned.
E. the petition for protection of inventions, utility solutions, 40. Each can only be used for a request object. Only allowed to include multiple objects in a single if objects that are closely related to each other in order to accomplish a common goal.
40.1. the Menu consists of the following documents: a-level declarations By patent or patent of useful solutions-3 a; follow the template in Appendix 6a and 6b of this circular;
b-A description of the invention, useful solution comes at the request of protection-3 a;
c-the drawings, diagrams, a compute ... If necessary to clarify further the nature of the technical solution-3 a;
d-summary of inventions, utility solutions-3 a;
e-voucher to confirm the legal right to file (certificate of legal inheritance rights, the right to file transfer Paper, a copy of the research contract or employment contract, copy message text for the Organization on creating technical solutions as outlined in above 39.5 points...)-1;
f-authorization Certificate if the application filed through industrial property representative – 1 a;
g-the first single copy or certificate on display at international exhibitions if claiming the right of priority according to the provisions in paragraph 3 article 29 the Charter initiative, invention or according to clause b, c, d article 6 the Charter useful solutions are accompanied by Vietnamese translation-1 a;
h-application fee vouchers-1 a.
40.2. The above-mentioned documents must be filed at the same time, separate documents referred to in item g can be filed within 3 months from the date of submission of the documents.
40.3. A description of the solution presented in a full way, clearly the nature of the technical solution to a level base on which experts in the field of the corresponding engineering can make that solution and includes the following:-the name of the invention, useful solutions;
-The technical field in question;
-Technical solutions already know;
-The nature of the solution require protection;
-For example done.
40.4. protection requirements (for patent, also known as the patent formula) in order to determine the volume of protection of inventions, utility solutions, must be presented clearly, succinctly and must be a description of the solution.
40.5. the patent summary, useful solution: brief presentation the technical nature of the solution required and solely for the purposes of technical information about that solution.
40.6. The form and content of a description accompanying the request for protection, the patent summary, useful solutions and other materials of the application specified in the text of the Patent Bureau guidelines.
41. The petition for protection of inventions can transform into the petition for protection of useful solutions. Single conversion request must be made in the Declaration please patentability of inventions or made into text form in annex 7 and filed for patent within a period of 2 months from the date of the notice of denial of patentability of inventions.
F. procedure, the order received and reviewed 42 Singles. Receipt: the receipt of the application, the Patent Bureau noted in the log book and receipt given to the applicant a receipt form.
43. The test profile: in order to determine a valid Application or not valid. Preliminary examination period is 3 months from the date of receipt.
Single case is not valid because the audience asked for protection in one of the excluded object as defined in article 13 Charter initiatives, invention or in paragraph b of article 3 and article 4 the Charter useful solution, Patent Bureau refused to accept the application and inform the applicant , has stated the reason.

In the case of single is not valid because it is not done correctly the provisions in point 40 of this circular, the Bureau of patents require the applicant to supplement, modify the documentation. Within 1 month from the date the request was received by the patent, the applicant must submit additional documents modified, otherwise the unit be considered filed.
The case of a valid application, patent awarded to the applicant notice of acceptance in that defines the application's priority Date:, a valid filing date, application Number.
44. Technical Sciences: tests to assess the ability to meet the standards for protection of the required solution.
The term science and technology test is October 18 for patent, 9 months for helpful solutions from the date of receipt of a valid Application.
Within scientific and technical examination, Patent Bureau has the right to request the applicant to split into separate single unit if the objects are included in the Menu do not satisfy the conditions specified in point 40 of this circular, or request the applicant to supplement, modify the description and requirements of patent protection useful solutions, as well as a summary in accordance with the nature of the required solution. Within 1 month from the date the request was received by the patent, the applicant must make that request or present his comments if not approved the addition, modification.
If the time limit stated above that the applicant does not split single, only patent scientific tests the first object or objects first to satisfy the conditions prescribed in points 40 to this circular.
If the time of the accident on the applicant, do not proceed with the addition, modification without reasons, the Application will not be further considered. During the test, the applicant may supplement, amend menu.
All the addition, modification on not altering the nature of the required solution. The case changes the nature of the solution, the applicant must submit a new application and the priority date is determined according to the new filing date.
G. procedures and announced by the patent, exclusive of utility solutions By 45. The case of the solution described in the application meets the criteria for protection of Patent Bureau notifies the applicant decided to patentability of inventions, utility solutions exclusively Using the enclosed content protection requirements and the required filing fee.
After the applicant submits the prescribed fee, the patent granted by the patent, patent solutions useful to the applicant.
46. in case the solution described in the application does not satisfy one of the criteria of protection, refuse to grant patent by patent, patent of useful solutions and notify the applicant has stated the reason.
47. The content published by the patent, the patent of utility solutions on industrial property Gazette include: number; patent classification index; single number; the date of filing; name and address of the holder (the applicant); they, the author's name; the name and address of the industrial property agent (if any); the number of the priority application, the priority filing date, the priority filing country (if any); name of the invention, useful solutions; Summary of inventions, utility solutions are accompanied by drawings (if necessary) and other information if the Patent Bureau deemed necessary.
III. INDUSTRIAL DESIGNS protection standards a. industrial design 48. According to article 2 of the Charter of the industrial designs issued under Decree 85/dated 13-5-1988 amended and supplemented by Decree No. 84/dated 20 March 1990 of the Council of Ministers (hereinafter referred to as the industrial design regulations): industrial designs are protected is the external appearance of the product is shown by contours shape, color, or a combination of these factors that are new to the world and use the template to produce industrial products or industry.
The external appearance of the product is understood as the shape of the product can be seen in the process of using the product.
49. Industrial designs are recognized as new to the world if that industrial designs: a fundamental difference with industrial designs described in the application for the patent was filed has the earliest priority date;
b-basic difference with similar industrial designs already know of any source of information here:-sources of information related to industrial designs abroad-from the date of publication;
-Other sources of information, with any bearing information (publications, film, tapes, disks from optical disc, ...)-from the date of circulation of the news or from objects in the publication; When not identified on the computer from the last day of the month, if not identified, then the calculated from the last day of the year;
-Information sources (press, tv)-from the date of publication;
-Scientific reports, lectures ...-computer from report date, lectures;
-The exhibition-from the date of artifacts on display;
-The sources of information on the use of industrial design public. Industrial designs are not considered basic difference with similar industrial designs already know if industrial designs which differ only with industrial designs this figurines by forming characteristics not easily get to know or remember, and do not have the ability to discern the overall terms of the industrial design;
c-has not been revealed publicly in and outside the country to a level base on which can make industrial design. Forms of expression could be used or described in any source of information would have been outlined in section b above.
50. An industrial design is recognized, can be used as a template to create an industrial product or handicraft if that can create a range of products has the external appearance is an industrial design by the industrial method or craft.
B. the right to petition for industrial design protection 51. The right to petition for protection of industrial designs is provided as for patent and utility solutions in point 39 of this circular in that the term "technical solution" be replaced by the term "the shape of the product", the term "invention, useful solution" be replaced by the term "industrial designs".
 
 
 
C. petition 52 industrial designs protection. Each is used only in an industrial design of products or of the products and may include many variants of an industrial design. These must be filed with the petition for protection.
The product is understood as a set of several products have separate structures and functions to perform a common task or used together, for example the warm cups, sets of tables and chairs ...
The scheme of an industrial design is understood as variants of an industrial design, are shown on a product or on a set of products, or on products belonging to the same class of the international classification of industrial designs under the Locarno Agreement with the conditions of the industrial design does not differ with each other.
52.1. Application includes the following documents: a-level declarations industrial design certificate; be made according to the model in annex 8 of this circular-2 copies;
b-A description of the industrial designs-3 a;
c-Photo-3 sets, The industrial model drawings-3 sets;
d-certificate from the verification of legitimate applicants (certificate of inheritance rights; The paper entitled applicant; A copy of the research contract, employment contract)-1;

e-voucher to confirm legitimate use of the trademark, the name of origin of goods if an industrial design contain trademarks or appellations of origin of goods-1 a;
f-the authoritative Paper if the application filed through industrial property representative – 1 a;
g-the first single copy or certificate on display in the exhibition if claiming priority under the provisions of clause 2, 3 article 7 rules of industrial design-1 a;
h-certificate from the filing fee and the fee for a single publication-1 a.
52.2. The documents referred to in point 52.1 to file at the same time, unless otherwise stated in section g of document can be filed within 3 months from the date of submission of the documents.
52.3. A description of the industrial design are presented in full, clearly the nature of the industrial designs and to match the photographs or drawings and include:-the name of the industrial design;
-International Classification for industrial designs;
Fields of use of industrial designs;
-The similar industrial designs already know;
-Listed photo or drawing;
-The nature of industrial designs, has stated the basic shaping characteristics of industrial design protection requirements differ from similar industrial designs already know.
52.4. The photographs and drawings must show the full nature of industrial designs as have been described in order to determine the volume of industrial design protection.
52.5. Forms, content description, the shots and the industrial model drawings and other documents of the application specified in the text of the Patent Bureau guidelines.
D. procedures, sequences and single review 53. Receipt: the receipt of the application, the Patent Bureau noted in the log book and receipt given to the applicant a receipt form.
54. the preliminary examination: aims to identify Single valid or invalid. Preliminary examination period is 15 days from the date of receipt.
In case the application is not valid because the audience asked for protection is not the external appearance of the product, or in one of the objects the exclusion under article 4 industrial design regulations, Patent Bureau refused to accept the application, inform the applicant has reason and refund the fees stated in the single publication 82. c this circular.
Single case is not valid because it is not done correctly the provisions in article 19 industrial designs rules and in point 52 of this circular, the Department required patent applicants split menu, reset the industrial design projects or supplement, modify the corresponding document. During the period of 2 months from the date the request was received by the patent, the applicant must make the request, otherwise the unit considered not filed.
The case of a valid application, patent awarded to the applicant notice of acceptance in which confirms the priority date of the application, a valid filing date, application number.
55. Published application: after the acceptance of a valid application, the Patent Application published in the Official Gazette of industrial property aimed to evaluate the protection of industrial designs respectively.
Content published include: number; a valid filing date; priority application number; the priority filing date; priority filing country (if any); the name of the applicant; they, the name of the author (co-author); the name of industrial design; the index of the international classification for industrial designs; the number of options that require protection; drawing of an industrial design under each option.
Within 3 months from the date of publication, any organisation or individual can send single patent Bureau opposed the certification of industrial design have stated the reason of protest accompanied by legal evidence. Oppose reasons could be:-the applicant has no right to apply under the provisions of article 10 rules of industrial design;
-Noted the wrong author;
-Protection request object is not the external appearance of the product, or in one of the objects the exclusion under article 4 rules of industrial design;
-Industrial designs do not meet one of the criteria of protection specified in article 2 and article 3 industrial designs rules and 49, 48 points, 50 to this circular.
56. The Patent Bureau does not conduct substantive examination in order to assess the ability to meet the standards of protection of the subject requires protection as defined in article 2 and 3 of the industrial design regulations be materialize in point 48, 49, 50 on this, but in case of need , within 3 months from the date of receipt of a valid application, the Patent Bureau will proceed to consult other sources of information relating to industrial designs, including the petition for the protection of industrial designs have been filed for the Patent Bureau has a priority date earlier than the.
E. procedure for grant and publication industrial design certificate for 57. No single case oppose the certification of industrial designs and Patent Bureau no evidence to assert that the industrial design does not meet the new standard, the Patent Bureau shall notify the applicant to submit the required fee. After receiving the charges, Chief patent decision certification of industrial design.
Certificate of industrial design registrations and given to national certificate holder.
58. the single case have opposed the certification of industrial designs as stated in point 55, as well as other evidence that the Patent Bureau there, prove that the design does not meet the criteria of novelty, invention Bureau inform the applicant the reason for objection or evidence comes on and requires the applicant to present their opinions in writing within 3 months from the date of the notice. If this time limit expired, the applicant had no idea the answer deemed acceptable reasons for objection or evidence refute the novelty that the Patent Bureau has announced.
On the basis of consideration of the opinions of the parties concerned and evidence that the Patent Bureau have, if found objectionable comments and evidence is accurate, the Patent Bureau rejected industrial design certificate and notice of reasons for refusal to the applicant.
59. The content published industrial design certificate in industrial property Gazette include: industrial design certificate; certification date; single number; the date of filing; the names and addresses of owners of the certificates; they author name; Index classification of industrial designs; date of publication of application; number of industrial property Gazette in which the published Application and other information if the Patent Bureau deemed necessary.
IV. TRADEMARK protection standards a. trademark 60. The trademarks are protected by the Charter on trademark issued under Decree 197/dated 14-12-1982 was amended and supplemented by Decree No. 84/dated 20 March 1990 of the Council of Ministers (hereinafter referred to as the trademark statutes) is the sign used to distinguish the goods and services of the same kind of production facilities different business. Trademarks can be words, images or a combination of these elements that are expressed in one or more colors.
61. Signs are used as trademarks can be: a-The word is likely pronounced as a Word, means or doesn't mean, is presented in the form of the written word, the printed word.
b-Word or set of words are presented in the form of stickers c-drawings, photographs.
d-Word or set of letters in combination with drawings, photographs are presented respectively as the case of a, b, c. the signs listed above are expressed in one or more colors in the form of panels or cubes.
62. The sign mentioned above in point 61 on this potentially protectable as trademarks if:

-Ability to discern and is not a sign that as a rule not be used as trademarks. Signs capable of distinguishing sign is made up of one or several unique elements, as well as from many recognizable elements combined into an overall easy to recognize.
-Do not coincide or not similar to the point of confusion with trademarks are protected in Vietnam, including the trademarks are protected by the international treaties to which Vietnam participates; or with the trademark application was filed for the Patent Bureau has earlier priority date; or with another person's trademark validity has expired or suspended effect due to the causes specified in items a, b article 11 rules of the trademark but time expired or not too lapse 5 years as of the priority date of the Application for the same type of goods included in the list of products branded.
63. collective marks referred to in paragraph 3 article 1 provision of the trademark is the trademark was an organization stated stands out register with the purpose to the other members of the organization also has the right to use the mark according to the rules specified by the trademark owner.
B. petition for trademark protection 64. Each only used a trademark. Each trademark must be made on a sample of the trademark as prescribed in this circular 64.5 points.
64.1. Application includes the following documents: a declaration please registered certification trademarks with the trademark form, modeled in Appendix 9 of this circular-1 a;
b-use of the trademark regulations require the protection of collective marks is as specified in paragraph 3 article 1 the trademark rules-1 a;
c-trademark-15 Form a;
d-confirmation voucher manufacturing operations, business, legal services (copy license, business, service or a copy of the decision to establish the organization ...)-1;
e-Paper the authorization if the application filed through industrial property representative – 1 a;
f-first single copy or certificate on display the exhibition if claiming priority under the provisions of section b, article 6 c of the Charter of the trademark-1 a;
g-certificate from the verification of origin, awards, medals, if the trademark contains such information-1 a;
h-license of the authorized agency if on trademarks that use the sign prescribed in item g item 2 article 2 of the Charter of the trademark-1 a;
I-Witness from filing fee for trademark registration-1 a.
64.2. The above documents must be filed at the same time, private documents in item f may be filed within a period of 1 month from the date of submission of the documents.
64.3. A description of the mark in the Declaration please registered certification trademarks to clarify the ability of distinguishing marks, which must specify each of the constituent elements of the mark and the sense of the overall mark. If the label contains the words not the Vietnamese or the Latin alphabet to the Latin and if words out that means they must literally to the Vietnamese.
If the literal wording, asking for protection are presented in the form of stickers as distinct elements of the mark to describe the form of the letters, stickers from them.
If colors are required for protection as a distinct element of the mark must then specify colors or set of colors.
If the label contains digits not with Arab numerals or numbers to Lamã translated with Arab numerals.
If the trademark includes the parts separated but are used simultaneously on a product they must specify each part of the mounted position mark on the product or packaging for the product.
64.4. Portfolio of products, branded services in Declaration please registered certification trademarks to fit the allowed field activities as stated in the license, business, service or organization established and decisions must be grouped according to the international classification of products the service, according to the Nixơ Convention.
all label Templates in 64.5. Declarations as well as the accompanying label templates are presented clearly with size not exceeding 80 mm x 80 mm framework and the distance between 2 points away for not less than 15 mm. If requested, the templates color protection of marks must be presented in the right colors. In this case, the label must be attached to the model 3 model presented in the form of black and white has a clear contrast.
If not ask for protection of color trademark sample, all must be presented in the form of black and white.
64.6. Form, the contents of the documents menu are specified in the text of the Patent Bureau guidelines.
C. procedures, application review process 65. The test form: in order to review compliance with the requirements of form and procedure for establishment registration of trademarks. The time limit for examination form is 1 month from the date of receipt.
Single case is not valid because it is not done correctly according to the provisions in clause 2 article 4 trademark and rules in point 64 of this circular, the Department required patent applicants split menu, Edit menu or additional documentation. Within a period of two months counted from the date of the request of the patent, the applicant must make that request, if not deemed not filed.
The case of a valid application, patent awarded to the applicant notice of acceptance in which confirms the priority date of the application, a valid filing date, application number.
66. the content: tests to consider, please sign for protection under the provisions of clause 2 article 2 the trademark rules and according to the requirements of protection specified in point 62 of this circular.
Please sign the case for protection is one of the signs referred to in paragraph 2 article 2 of the Charter of trademarks, the Patent Bureau denied the certification of registration of trademarks and notified to the applicant stating the reason.
Please sign protection case containing the elements that constitute one of the indications referred to in paragraph 2 article 2 of the Charter of the trademark. The Patent Bureau requires the applicant to remove that element from a trademark template except that factors in items a, b, c (item 2 above) associated with the different elements that make up a whole capable of distinguishing. If after 2 months from the date of the request of the Bureau of patents without the applicant does not make the request that it not be considered next.
The time limit for the test content is 6 months from the date of receipt of a valid application.
D. procedures and publish the certificate of trademark registration 67. The trademark case satisfy the conditions specified in article 2 of the Charter of the trademark and point 62 of this circular, the Bureau of patents to notify the applicant to submit the required fee. After getting enough charges, Chief patent decision registered certification trademarks.
Certificate of registration of the trademark was registered and given to national certificate holder.
68. The case of a trademark does not satisfy the conditions as stated in point 67 above, the Patent Bureau denied the certification of registration of trademarks and notified to the applicant stating the reason.
69. The certificate of registration of the trademark is published in the Official Gazette of industrial property publication period. Contents include: the publication of the certificate; name, home address, certificate; filing date, priority date, date of certification; the form of the trademark; instruction group and the category of goods or services bearing the trademarks and other information that the Bureau of patents deemed necessary.
CHAPTER III The COMPLAINT And RESOLVE COMPLAINTS RELATED

To the ISSUING of PROTECTION a. complaints and complaints about the denial to accept, refuse to grant protection to 70 degrees. Within a period of 2 months for inventions, utility solutions and 3 months for trademarks, industrial designs since the date of the notice of the decision to refuse to accept or to refuse to grant the degree of protection, the applicant has the right to complain to the Director of patent decisions.
Within 2 months from the date of the notice of the decision to grant the degree of protection referred to in point 45 of this circular, the person applying for the patentability of inventions, patent utility solutions has the right to complain to the Director of the patent Department of the content protection requirements patent , helpful solutions.
In the complaint, the applicant must clearly state the reason for the complaint as well as the evidence as the basis for the reason to complain.
71. within 3 months from the date of the complaint of the applicant stated in point 70 of the above, the Director of the patent Department is responsible for resolving and announce the decision addressed to the applicant.
If does not agree with the results of the grievance Director patent shall within 2 months from the date of the notice, the applicant has the right to complain to the Chairman of the Scientific Committee of the State.
Within 2 months from the date of receipt of the complaint, the Chairman of the Scientific Committee of State notifies the applicant decided to settle his complaint. The decision of the Chairman of the Scientific Committee of the State is the final decision on this issue.
B. complaints and complaints about the protection degree level 72. During the validity period of the degree of protection, any organisation or individual has the right to complain in writing to the Director about the invention: a-the object of industrial property does not meet the standards of protection set forth in the respective charters;
b-diploma-level protection for people who do not have the right to file;
c-degree of protection confirmed not true author.
In the complaint, the Organization, the individual complaint (hereinafter the complainant) to reason with evidence as the basis for the reason to complain.
The complainant must submit the appeal fee specified in point 84 of this circular. This fee will be refunded to the complainant if the results resolve complaints asserting the reason the complaint was true.
73. within 3 months from the receipt of the complaint outlined in point 72 above, Director of Department of patents is responsible for resolving and announce the decision addressed to the complainant. Upon receiving a complaint, the Bureau of patents to notify the server that Degree and diploma holders request answered in a time limit fixed by the Patent Bureau but not more than 2 months from the date of notification. So that time limit without reply comments, the patent Department of the Home Office considered by acknowledging the reason for the complaint.
If it does not agree with the decision of the Director General of inventions related to the resolution of a complaint referred to in point 72. a on here then within 2 months from the date of the notice, the complainant has the right to complain to the Chairman of the Scientific Committee of the State. Within 2 months from the date of the complaint, the Chairman of the State Science Commission decision addressed to the complainant. The decision of the Chairman of the Scientific Committee of the State is the final decision on this issue.
If it does not agree with the decision of the Director General of inventions related to the resolution of a complaint referred to in points b and c 72.72. above shall within 3 months from the date of the notice of the patent Agency, the complainant has the right to complain to the courts the central cities, where the Bao diploma holders resident households. The complaint with the Court is done according to the provisions of the current law and circular No. 3/NCPL on 22-7-1989 the Supreme People's Court's guidance in judging a number of disputes on industrial property rights.
CHAPTER IV PROCEDURE for modification, suspension, CANCELLATION and RENEWAL of the VALIDITY of the DEGREE of PROTECTION a. modify the degree of protection according to the requirements of the degree of protection 74. During the validity period of the degree of protection, the patentee has the right to apply for patent requests:-name, address of the patentee;
-Eliminate some protectionist approach if the object of protection as industrial designs, modify some details of trademarks but does not alter the basis of trademarks or limit the list of products registered in the certificate of trademark registration.
The revised application form in Appendix 11 follow this circular and must include:-the original of the diploma protection correlating;
-Certificate from the confirmation to change the name, the address of the patentee is legally (decided to change the name or a certificate of change of address, ownership transfer contracts);
-Certificate from the revised fees as prescribed in point 83. d this circular;
-The photo or drawing proposals remove protection if the object of protection as industrial designs;
-15 sample suggested brands are presented as prescribed in this circular 64.5 points if the object of protection is the trademark;
If the modified petition valid, Director patent decision modifying the degree of protection. The modified contents are written to the degree of protection and the effect since the decision.
The case of an application for amendment is invalid, the Patent Bureau to notify the Home Office by reason not to modify.
B. suspension of the effect of degree of protection 75. The degree of protection was in force: a-from Director patent application of degree holders apply for waiver of protection;
b-From the first day of the year the following validity period, if the server By patent, patent of useful solutions don't pay annuity prescribed in point 83. c, 85, 85. c this circular;
c-from the date of the termination of the existence of the trademark owner;
d-From the first day of the sixth year from the date the certificate of registration of the trademark if the brand owner does not use or not transferred to others wishing to use within a period of 5 years from the date the certification without good reason.
C. modify, cancel the effect the degree of protection on the basis of the results of complaint resolution 76. The case claims that the degree was granted to protect the subjects do not meet the standards of protection:-according to the results of complaint resolution as stated in point 73 on here, Chief patent decision cancelling the entire validity of diplomas or qualifications if the evidence put forward just enough to cancel a part request of content protection;
-By decision of the Chairman of the Scientific Committee of the State as stated in point 73 on this patent, the procedure to cancel or modify the degree of protection.
77. in case of a complaint about the degree of protection to be granted to people who do not have the right to apply:-according to the results of complaints or in the judgment has the effect of people's courts have jurisdiction as stated in point 73 on here, Chief patent decision clearing the name of degree holders who do not have the right to file and continue the following procedures :-modify the degree of protection if the list server also has the qualification not been deleted names; or-Level qualifications for people who have applied has the earliest priority date of the application was filed before October 31 from the date of signing the decision to delete the above names; or

-The decision to cancel the effect it if all the diplomas are deleted and no single name filed within the time limit stated in the preceding paragraph.
78. in case of a complaint about the degree of protection is not the correct author confirmation, according to the complaint resolution decision or judgment has the effect of people's courts have jurisdiction as stated in point 73 above, the Director invented decided to modify the author name and the procedure to modify the degree of protection accordingly.
79. When abandoned, the degree of protection is lost in force from the date of start of validity period stated in the certificate.
D. extension of the validity of the degree of protection 80. To be extended in force industrial design certificate or certificate of trademark registration shall within 6 months before the end of the term of the previous effect, the owner of the certificate must apply for the Patent Bureau. An application for renewal made under model in annex 10 of this circular and submit the attached to the original certificate and a valid certificate from the renewal fee prescribed in point 83.83. h and i of this circular.
If the correct renewal procedures, Chief patent decision extended the validity of certificates industrial designs add a 5-year cycle or the extension of the validity of registration certificate of the trademark added a 10-year cycle.
E. announced the amendment, suspension, rescission or extend the validity of the degree of protection 81. The renewal, amendment, suspension, rescission of the effect the degree of protection was a national register and published in the Official Gazette of industrial property.
Chapter V FEES RELATED to the GRANT and MAINTENANCE in FORCE of the DEGREE of PROTECTION of the INDUSTRIAL PROPERTY RIGHTS a. 82 charges. The applicant must file the protection requirements the following fee: a-application fee;
b-fees please enjoy the right of priority (if any);
c-fees announced the petition for protection of industrial designs (the person who filed the petition for protection of inventions, utility solutions, trademarks are not to be paid this fee);
d-record transfer fee rights to petition under consideration (if any);
e-revised fee the applicant name, address, or industrial property representative (if any);
83. the protection degree Holders must pay the following fee: a fee to register and issuing protection;
b-fees announced the degree of protection;
c-fee annuity protection degree;
d-revised qualification fee (if requested);
e-fees announced the revised content protection degree (if any);
f-noting the transfer fee rights of protection (if any);
g-fees announced the transfer of protected rights (if any);
h-renewal fees for industrial design certificate or certificate of trademark registration (if available);
I-fees announced the renewal comes in on.
84. The complainant concerning the issuing of protection must pay claims. This fee can be refunded according to the provisions in point 72 of this circular.
B. the extent and duration of the filing fees 85. The fee referred to in point 82, 83, 84 must be filed according to the extent and duration of the following: a-Level fees: application fees-for personal, Vietnam organization specified in column A of annex 12 to this circular.
-Application fees for individuals, organizations and enterprises of foreign investment in Vietnam defined in column B Appendix 12 to this circular.
b-fee deadlines:-The fee referred to in point 82. a, b, c must be filed with the petition for protection;
-The fees outlined in point 83. a, b as well as annuity fee the first year of using the patent, By exclusively useful solution (and the second year if By being granted after 10 months from the date of priority and the third year if by being granted after 22 months from the priority date) and annuity fees during the whole validity period of industrial design certificate, certificate of registration of a trademark must be filed within 1 month from the date of the notice of the decision to grant the degree of protection;
-Annuity fees By patent, By exclusively useful solution the next year must be filed within 2 months before the end of the year earlier period.
-The remaining fee must be submitted with the petition to make the corresponding content.
86. With respect to the invention or the utility service solutions related to human health, defense and national security, or that the applicant is the author of inventions, utility solutions, then at the request of the applicant, the Patent Bureau can consider reducing or exempting the fees specified in point 82 a , b, c and a, b, c 83.87. In case of need, the Chairman of the Scientific Committee of the State can decide to modify the level of the fees relating to the granting and maintaining in force a degree of protection to suit the particular situation.
88. If the fee to maintain in force By patent, By exclusively useful solution is not filed within the time limit stated in point 85. b on here then in addition to the prescribed level, the owner must pay a 6% additional qualifications specified for each month overdue but not overdue over 6 months (expired less than 1 month past due counts as 1 month).
If expired 6 months which no degree holders pay the annuity will be suspended by the force according to the provisions in point 75. b to this circular.
In the duration of the degree of protection is calculated from the priority date of the application.
C. Forms of pay 89. Personally, organizing Vietnam filed charges in Vietnam. Individuals, organizations pay dollars or with a foreign currency the Bank for foreign trade of Vietnam to be accepted as the official exchange rate of conversion from u.s. dollars due to the State Bank of Vietnam announced at the time of the filing fee.
Individuals, organizations in Vietnam and enterprises of foreign investment may file charges in Vietnam or in a foreign currency are the foreign trade Bank of Vietnam accepted according to official exchange rate conversion from u.s. dollars due to the State Bank of Vietnam announced at the time of the filing fee.
Charges may be filed by cash, or cheque or money orders via postal mail to the account the Patent Bureau.
CHAPTER VI ORGANIZATION of the ACTIVITIES and INITIATIVES of INDUSTRIAL PROPERTY a. Mission of the Agency science and technology management 90. The patent Agency is the State Agency operations management industrial property initiatives, assists the Chairman of the Scientific Committee of the State Organization, directing the implementation of the policy on innovation and industrial property within the country.
The Patent Bureau has the following main tasks: a-conducting the procedure of recognition and execution of appropriate measures aiming at the protection of industrial property rights and copyrights of inventions, utility solutions, industrial designs in accordance with the legal provisions;
b-monitoring the implementation of the law on innovation and industrial property; the petitions with the State proposed the policy to the comprehensive development initiative activities, industrial property.
c-guide the Agency science and technology management in the professional-level operations management initiative and industrial property; Organization of training professional expertise for the management of this activity and the engineering sciences relevant to the activities and initiatives of industrial property.
d-cooperation with social organizations, especially with the Vietnam labor Confederation and the Union of Ho Chi Minh Communist youth taken measures to promote the creative labor movement and operation of industrial property;

e-held patent information system serves for the scientific research work, technical deployment as well as for the protection of industrial property rights in Vietnam.
91. The governing body of the Ministry of science and technology, of other bodies in the Council of Ministers, of the province, the city is responsible for operations management and industrial property initiatives within the Department, province, city; help the Minister, Chairman of the provincial people's Committee, the city organizes, directs the implementation of the policy on activities within its management.
The agency manages dynamic science activities said in the preceding paragraph have the following primary duties: a-monitoring the implementation of the law on industrial property and the initiative in its scope of management; recommendations to the Minister, Chairman of the provincial people's Committee, the city issued specific guidance documents the use of the laws of the State of the activity in accordance with the conditions of the Ministry, province, city, undertook measures to ensure proper implementation of the policy on innovation and industrial property within The , the province, the city;
b-building system operations management initiative and industrial property, guide the Department scientific and technical management of subordinate agencies business operations management initiative and industrial property;
c-propagating the policies on innovation and industrial property; in cooperation with labor unions and the Communist Youth Union Ho Chi Minh, promote initiatives and activities of industrial property;
d-Guide to the organizations and individuals in the making of the petition for protection of industrial property rights; coordination with legal protection agencies in the protection of industrial property rights are still in force;
e-information organizations and initiatives of industrial property within The province, the city aims to disseminate widely applied innovations, inventions, utility solutions, industrial design and provides the information needed for scientific research, technical implementation and to avoid illegal use of industrial property rights are to be State protection.
92. In addition to the tasks mentioned in point 91, science and Technology Committee of the province, the city has the task of coordinating with the relevant authorities implement measures to prevent and handle the administrative infringement of industrial property rights as stipulated in the Decree 140/dated 25 April 1991 of the Council of Ministers support people's courts of the cities, in the hearing of the complaint disputes on industrial property rights and implement the requirements of the Patent Bureau in consideration to resolve complaints related to industrial property rights.
93. The organization or of the administration of technical and scientific bodies, the unit is responsible for Department operations management initiative and industrial property in Agency, unit and have specific tasks such as the following: a-Help agency heads, the Unit organized the registration, accreditation , apply the initiative and ensure implementation of the rights and obligations relating to industrial property initiatives, as prescribed by law;
b-in collaboration with the unions and the Communist Youth Union Ho Chi Minh and implement measures to promote initiatives and activities in industrial property offices, in units;
c-Help agency heads, the unit performs the file required for protection of industrial property objects; track, monitor the maintenance in force industrial property objects was the Agency's protection unit, and conducting necessary measures against infringement of industrial property rights of the Agency, unit as prescribed by law;
d-information organizations and initiatives of industrial property within the Agency, the Unit aims to quickly apply the innovations, inventions, utility solutions, industrial designs consistent with the requirements of production, sales and service for scientific research agency's technical implementation the unit, avoid the use of illegal objects are protected by others.
B. organizing activity of industrial property initiatives and 94. To perform the tasks outlined in the score 92 and 93 above, the governing body of the science and technology subject-specific situation that's arranged a Department or a staff who are dedicated to the work and initiatives of industrial property; officers are dedicated to the work of innovation and industrial property must be trained, professional training initiatives and the management of industrial property.
95. The agencies, units established Consultative Council on the activities and initiatives of industrial property (hereinafter referred to as the Council initiative) to help in the Organization and operational initiatives and development of industrial property in the unit.
a-the Council initiatives have the duty to advise agency heads, in the unit:-proposed measures to develop initiatives and activities in industrial property offices, in units;
-Review recognized the initiative;
-Reviews the benefits obtained by the application of initiatives that the Agency has recognized as inventions, utility solutions, industrial design agency, the unit was granted the degree of protection; expected level of remuneration to the author, the bonus levels recommended for people who support the author and those who organized the first applied innovations, inventions, utility solutions, industrial designs;
-Resolve the complaints relating to the review acknowledged the initiative and pay remuneration to authors of innovations, inventions, utility solutions, industrial design.
b-components of the Council of the agency initiative, the unit consists of:-the President of the Council: the heads or Deputy Heads;
-Vice Chairman of the Board: the Chairman or Deputy Chairman of the Union;
-The Board of Commissioners: the Executive Board representation of the Communist Youth League, officer in charge of the Division for science and technology management, charge staff Member or chief accountant, officers are dedicated to the work of innovation and industrial property (Committee member).
In addition the Council can also include other members are experts in the field of professional expertise relevant to the initiatives and activities of the industrial property unit of the Agency.
Living initiative Council periodically or irregularly according to the summons of the President of the Council. Program content work each session of the Council due to the Permanent Commissioner.
96. the superior authority of the agency or unit of custom specific situation can be established at the initiative of the Council respectively.
97. The funding for the initiative and activity of industrial property is considered part of the cost of scientific and technological activities. Depending on the specific conditions of each level, each agency, the unit that this funding be obtained from own funds or from the funds granted for the production Development Fund, scientific research, technical implementation, funding or career administration funding scientific career. Remuneration for authors of innovations, inventions, utility solutions, design and incentive bonus for the people concerned are retrieved from the money benefit due to the application of innovations, inventions, utility solutions, industrial design brought either from the funds outlined in the paragraph above.
 
 
CHAPTER VII ENFORCEMENT PROVISIONS 98. The Patent Bureau Director is responsible for the specific procedure guidelines on employment and the petition for protection of industrial property rights; regulations for the examination of the regulation in accordance with the laws of the State and in accordance with this circular.
99. This circular replaces the following text of the scientific and Technical Committee of the State:

-Circular No. 361/SCPM on 31-3-1981, guiding the implementation of the Charter of the technical innovations – rationalize production and invention.
-Circular No. 1258/SC on 18-10-1983, guiding the implementation of the Charter of the trademark;
-Circular No. 1273/SC on 10-8-1988 guide enforcement of rules for industrial designs;
-Circular No. 628/SC on 23-5-1989 on the fees for patent of useful solutions;
-Decision No. 308/QD on 12-6-1990 on fee revisions with a patent.
100. The procedure of registration and protection of plants, like children, methods of prevention, diagnosis, cure for people, animals, plants are stipulated in the circular of Ministry of State Science Commission and the Ministry of agriculture and food industry; State Science Commission and the Ministry of health.
101. This circular is effective from the date of signing.
Appendix I form the initiative of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness INITIATIVE REGISTRATION FORM dear:.............................
(Heads, unit)
I (we) named below: number of TT They author name date of birth place of work (or in) the position qualification rate (%) contributed to the creation of initiatives signed the proposal review recognized the initiative........................................................................
(The solution)
Description of solution-technical condition or current production organization...................................... (stated pros cons of technical solution, or solution manufacturing organizations are currently being applied at the Agency, unit).
-Recommended solution content recognition initiative.................................... (stating the purpose of the solution, the solution of difference compared to the solutions being applied, describe in detail the nature of the solution).
-Ability to apply solutions....................................................................... (outlined areas where solutions can apply, the conditions necessary to apply that solution).
-The intended effect can be obtained when applying solutions....................................
The list of those who support the creation of solutions (support author) Of TT They support name date of birth place of work (or in) the content of the work to support the rate (%) contributed to the support I (we) enjoyed opening things in the application is true.
Made in ... on ..., ... in ...
The applicant (name and signature) Appendix 2 Sample registry initiative (cover sheet) the REGISTRY agency INITIATIVE, the unit................................................................
Start log........................................
The first registration number ... Final registration number....................
Includes book ... page (The page in the window) Number On number full name, date of birth; Where the review results On single Name total Date charged The TT register applicant or where work in; The position; The cultural level of the applicant's professional registration solution Of decision, date of signing, who issued the decision On initiatives recognition refused to recognize the initiative started applying money to benefit in the first year of application of the seat, the amount of compensation to the author, who support the creator and organizer of the first application logging 1 2 3 4 5 6 7 8 9



10 11 Appendix 3 Sample receipt form the initiative of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness RECEIPT Number INITIATIVE APPLICATION..............................................
(Agency name, unit) have received the application of initiatives do......................................................................
(Name, place of work or residence of the applicant), filed December........................ Name the solution................................................................................................................ The application of initiatives has been noted on the registry agency initiative, the unit, the number menu......................... Unit will consider solutions and to announce the result to the applicant the slowest on.................................
The attached document contains: day ... month ... year ...
Single recipient (name and signature) Appendix 4 Form a conclusion on the solution to register the initiative of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness is a CONCLUSION on the SOLUTION Name INITIATIVE REGISTRATION solution................................................................................................. the initiative application.............................. Filing date........................
Họ tên người nộp đơn....................................................................................
Nơi công tác hoặc nơi ở.................................................................................
Name, position, the unit of the single review..............................
Single review: results-new Computer...........................................
(write Yes or no, reason)-the ability to apply........................................................................................
(as above)-the benefits collected (projected)...........................................................................
(as above)
Conclusion: the solution reached, not reaching the standards recognized initiatives........
Day ... month ... year ...
The single review (name and signature) Appendix 5 Sample certificate of the initiative of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness INITIATIVE CERTIFICATE-based article 8 rules for technical innovations, rationalize production and invention attached Decree 31/CP on 23-01-1981 is modified supplemented by the Decree 84/dated 20 March 1990 of the Council of Ministers;
-To base a conclusion on registration solution initiatives by................................., (name, position)............................................................................................................................
(heads, agency name, unit)
Chứng nhận
................................................................................................................................
(Author)
Place of work or residence................. is the author of the initiative.................................
(the initiative) with the coauthor is.........................................................................................
(name, place of work or residence)
Day ... month ... year ...
Heads, unit (signed and stamped) Appendix 6a Declaration Form Please patentability of inventions of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness LEVEL DECLARATION by PATENT Patent Bureau-dear Science Committee State 96-98 Nguyen Trai Hanoi, the applicant (name, address, phone):....................................................... The applicant is the legal successor of the author (*) the applicant is the person who transferred the right of filing................ industrial property representative (name, address, telephone)...................
Tên sáng chế..................................................................................................
The international patent classification to............................................................................
Author: invention Of TT They name the author (co-author) contact address nationality qualification




The content, the percentage (%) contributions (if the collective is the author) and signed by the author required to enjoy the right of priority according to.............. with priority date..................., the first applicant Country............. The first filing date......... The first single of ... generates solutions related to tasks but the Agency, the unit does not do the petition for protection under the rules.
request a change to the unit level by exclusively useful solution according to art. 3 of 20 articles of useful solutions.
Documents attached: A patent description consists of.............. a patent protection request......, diagrams drawing point........................ a patent summary................ a certificate from the lodging fees........ a other documents: the applicant stayed true geography Stubs in ... on ..., ... in ...
The applicant/representative (signed and stamped if available) Note: * marked "X" in the square.
Appendix 6b beg Declaration Form patentability useful solutions to the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness DECLARATION PLEASE PATENTABILITY of UTILITY SOLUTIONS dear Patent Bureau-Scientific Committee State 96-98 Nguyen Trai, Hanoi the applicant (name, address, , phone):............................................................. The applicant is the legal successor of the author * the applicant is the person who transferred the right of filing........................ industrial property representative (name, address, telephone)...........................
Tên sáng chế ............................................
The international patent classification of solutions ...
Author: solution Of TT They name the author (co-author) contact address nationality qualification content, the percentage (%) contributions (if the collective is the author) and signed by the author required to enjoy the right of priority according to................. with priority date.............., the first applicant Country................................. The first filing date...............
Of the first single..................... The solution creation related tasks but the Agency, the unit does not do the petition for protection under the rules.
Attached documents: A description of the solution include................... a request for protection of useful solutions............., diagrams drawing point.............................. a summary of useful solutions............. a certificate from the lodging fees...................................... a other documents: the applicant stayed true Declaration.
At in ... on ..., ... in ...
The applicant/representative (signed and stamped if available) Note: * marked "X" in the square.
 
 
Appendix 7 petition to convert to the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness dear Patent Bureau-Scientific Committee State 96-98 Nguyen Trai, Hanoi CONVERSION APPLICATION the applicant (name, address, phone):.........................................................
Industrial property representative (name, address, telephone).......................... Recommended converting the petition for protection of inventions (patents)....................
Số đơn:............................... Ngày nộp đơn.......................................................
Priority date:............................. the petition for protection of useful solutions.
Do in...........................................
The conversion request, The representative (name and signature) Appendix 9 Sample declarations apply for certification of industrial design of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness-DECLARATION LEVEL INDUSTRIAL DESIGN CERTIFICATE dear-Patent-Bureau Scientific Committee State 96-98 Nguyen Trai Hanoi, the applicant (name, address, telephone)............................................................
Industrial property representative (name, address, telephone)............................
Industrial design name...............................................................................
Industrial design author: TT author (co-author) contact address nationality qualification rate (%) contributed to the creation of the CODE this CODE is: (mark x in the appropriate entry below) (a) the CODE created is not relevant to the task (b) civil service CODE (c) MATTERS EXCLUDED FROM the public service but the Agency, the unit does not apply within the time limit specified in clause 10.2 of the rules for CODE.
(d) CODE is generated when implementing the labor contract.
(e) CODE is generated when implementing the labor contract and labor contract stating the applicant's rights belong to the author.
The attached document contains: 1 1. A description of the CODE:....... page (2).
2. The photographs include: ... .... pictures/sets (3 sets) and the drawings include......./Drawing (3 sets).
3. Certificate of legal inheritance rights of the creator (1 a).
4. right to file transfer Paper (1).
5. A copy of the certificate of trademark registration (1).
6. enjoy priority application exhibition (1 a).
7. Application of Convention priority right (1).
8. Vouchers filed the registration fee CODE.
9. Other documents:-...-...
The applicant stayed true stubs and ensure that those named in the list of authors who has created an industrial design by the creative labour.
Day ... month ... year ...
The applicant/user PRICE LIST sign notes: 1. remove the Tiles are not suitable.
Appendix 9 Sample declarations apply for certificate of trademark registration of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness DECLARATION PLEASE REGISTERED CERTIFICATION TRADEMARKS dear-Patent-Bureau Scientific Committee State 96-98 Nguyen Trai, Hanoi 1-the applicant (the name , địa chỉ, điện thoại)......................................................
2-industrial property representative (name, address, telephone)......................
3-production business objects...................................................................
4- Thuộc Bộ, tỉnh, thành phố............................................................................
5-form registered marks (pasted below) 6-7-trademarks service marks, collective marks are 8-9-10 cubes brand-label colors (if please protect colors)......................................
 
11-description of the trademark (stated summary of the meaning of each component in the overall structure of the marks and trademarks):..................................................................
12-the products and/or services bearing the mark (sequential records under the heading in the table of the international classification of goods and services):.......................................................
13-the document attached: + trademark Templates (15 a) + certificate from the confirmed manufacturing operations, business, legal services (copy license, business, service or a copy of the decision to establish the organization...) (1).
+ Certificate from the application fee for trademark registration (1) * certificate from the verification of origin, the award, a medal if the trademark contains the information that (1).
* certificate of the competent authority if there is a trademark on the use of the sign prescribed in article 2 g of the Charter on trademark (1).
* authorization Certificate (if the applicant authorizes the representative industrial property).
* application and documentation please authorize On Convention priority ... month ... year ...
The applicant/representative (name, title, signature and stamp) Note: * mark "X" if available.
 
 
 

10 Appendix application form for renewal of the certificate of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness LIMITED-APPLICATION for an INDUSTRIAL DESIGN CERTIFICATE, certificate of REGISTRATION of TRADEMARKS 1 dear-Patent-Bureau Scientific Committee State 96-98 Nguyen Trai, Hanoi 1-Certificate Server Name.......................................................................................................................................................................................
2-the name of the industrial property agent (if any)....................................................................................................................................................
3-certificate of industrial design registration certificate No. 1 of the trademark No 1 priority date........................ On level..................
4-proposed renewal of the said certificate to add a 5-year term 10/11, in effect to date.....................
The enclosed document 2: original + certificate + certificate from the authoritative Paper renewal fees Do in ... ... ... ... ... ... ... ..., ... in ...
Server certificate/representative (name and signature) Note: 1. removing the Tiles from the inappropriate 2. Mark "X" in the square box if the document goes after it.
 
 
 
Annex 11 petition to modify the degree of protection of the SOCIALIST REPUBLIC of VIETNAM independence-freedom-happiness dear-Patent-Bureau Scientific Committee State 96-98 Nguyen Trai, Hanoi is an APPLICATION to MODIFY the DEGREE of PROTECTION 1-degree holder name............................................................................................................................................................................................
2- Tên Văn bằng bảo hộ...................................................................................
Số Văn bằng............................................... Ngày cấp.................................
Người đại diện sở hữu công nghiệp (nếu có)...............................................
Địa chỉ.........................................................................................................
3-contents require modification (1)-modified name or/and address.............................................................................-modify content protection: + narrow patent formulas, useful solution + limited industrial design approach............................................... + limited list of products bearing trademarks........................... + change the trademark details..........................................................
Brief description of content protection please.......................................................
4-course theo1 + original degree of protection + certificate from the modified fee voucher to confirm the legitimacy of the name change or/and address Form revised trademark; photographs, drawings and industrial designs projects please limit other documents................................................................................................
Day ... month ... year ...
Home/qualifications The representative (name, signature) Note: the mark "X" If the previous record content boxes is appropriate or have material written after squares.
Annex 12 FEES RELATING to the GRANTING, modification | And ANNUITY PROTECTION DEGREE a. monetary fees Vietnam (1000) b. premiums by the US dollar (USD) TT patent fee useful solutions to industrial designs trademarks patents useful solutions industrial designs trademarks filing fees 1 2 3 4 5 6 7 8 9 10 1 (with trademark : for each group) 60 45 20 40 100 75 25 60-If a description has over 5 pages, from page 6 onwards to pay more per page.



 

2 2--2.5 2.5---If on an object (or on 1 plan for industrial designs) from the object (option) Monday to pay more for every level (option).



 

 

30



 

 

20



 

 

3



 

 

-



 

 

50



 

 

40



 

 

5



 

 

-



2



Lệ phí xin hưởng quyền ưu tiên




30




30




15




30




50




50




20




45



3



Lệ phí công bố đơn đăng ký


 

 

 

 

 

 

 

 

 


Kiểu dáng công nghiệp ở dạng đen trắng




-




-




10




-




-




-




30




-


 


Nếu có trên 1 hình, từ hình thứ 2 phải thêm




-




-




3




-




-




-




10




-



4



The modified fee the applicant name, address, name of the author or his agent received the transfer fee 15 15 15 15 15 15 15 15 5 rights to are considering fees 20 20 15 40 30 30 20 60 6 registration and issuing of protection 20 20 25 40 25 25 30 60 7 fees announced the degree of protection-announced 15-contents



15 15 15 20 20 20 20-addition each photo or drawing of each black and white format.



 

5



 

5



 

-



 

5



 

10



 

10



 

-



 

10

 



8



Lệ phí duy trì hiệu lực Văn bằng bảo hộ (Sáng chế Giải pháp hữu ích)


 

 

 

 

 

 

 

 

 


- Năm thứ nhất và năm thứ hai, mỗi năm




30




30




-




-




50




50




-




-


 


- Năm thứ ba và năm thứ tư mỗi năm




50




50




-




-




80




80




-




-


 


- Năm thứ năm và năm thứ sáu, mỗi năm




80




80




-




-




120




120




-




-


 


- Năm thứ bảy và năm th stasis eight per year 120-160-----In ninth and tenth year, every year, 160-200------In the eleventh and twelfth year, each year 200-240------the tenth year of three years of fourteenth and fifteenth year, each year 240-280-----9 revised fees: the name, the address of the server that the degree of protection , Industrial property representative



 


20



 

20



 

20



 

30



 

25



 

25



 

20



 

45


 


- Giới hạn phương án kiểu dáng công nghiệp (cho mỗi phương án)



 

-

 



 

-



 

20



 

-



 

-



 

-



 

20



 

-


 


- Giới hạn danh mục sản phẩm (cho mỗi nhóm sản phẩm)




-




-




-




20




-




-




-




45



10



Lệ phí công bố các nội dung sửa đổi Văn bằng:


 

 

 

 

 

 

 

 

 


- Công bố sửa đổi tên, địa chỉ




15




15




15




15




20




20 20 20-announced modify content in the request for protection (for industrial designs for each option) 15 15 15 15 20 15 20 20 11 fees recorded the transfer of the right of protection 20 20 15 40 30 30 20 60 12 fees announced the transfer of the right to protection of the renewal fees in force 15 15 15 15 20 20 20 20 13 Van equal protection (TRADEMARK-MATTERS EXCLUDED)-renewal of the certificate of the first industrial design--30---40--renewal of industrial design certificate for a second time and each renewal of registration certificate of the trademark for each product group.



 

 

-



 

 

-



 

 

40



 

 

40



 

 

-



 

 

-



 

 

60



 

 

60



14



Lệ phí công bố việc gia hạn hiệu lực Văn bằng bảo hộ




-




-




15




15




-




-




20




20



15



Lệ phí khiếu nại (cho mỗi lần khiếu nại)




50




50




50




50




30




30




30




30


 

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