{"id":9497,"date":"2021-10-14T16:17:26","date_gmt":"2021-10-14T09:17:26","guid":{"rendered":"https:\/\/www.cis.vn\/?p=9497"},"modified":"2022-11-28T16:04:00","modified_gmt":"2022-11-28T09:04:00","slug":"dich-vu-dai-dien-so-huu-cong-nghiep-tai-cong-ty-luat-cis2","status":"publish","type":"post","link":"https:\/\/www.cis.vn\/en\/dich-vu-dai-dien-so-huu-cong-nghiep-tai-cong-ty-luat-cis2\/","title":{"rendered":"SERVICE OF INDUSTRIAL PROPERTY REPRESENTATION AT CIS LAW FIRM"},"content":{"rendered":"

Realizing the importance of intellectual property, many businesses, organizations or even individuals have filed for protection for their \u201cintangible\u201d assets, such as trademarks, industrial designs or patents. However, not all registration documents are successfully protected for many different reasons, such as when you submit the application yourself without knowing the legal regulations on conditions, review process … <\/strong><\/p>\n

Therefore, there are many people who have chosen to authorize a professional organization as an industrial property representative to carry out the registration procedures for industrial property protection. <\/strong><\/p>\n

In this article, we will share with you about the roles, functions and advantages of authorizing CIS Law Firm to act as your industrial property representative.<\/p>\n

1. What is Industrial Property Rights?<\/em><\/strong><\/span><\/span><\/h3>\n

Clause 4, Article 4 of the Law on Intellectual Property 2005 (amended and supplemented in 2009 and 2019) has the following provisions:<\/p>\n\n\n\n
Article 4. Interpretation of terms<\/em><\/strong><\/p>\n

4. Industrial property rights<\/strong> are the rights of organizations and individuals to inventions, industrial designs, layout designs of semiconductor integrated circuits, trademarks, trade names, geographical indications, and business secrets. businesses created or owned by themselves and the right to combat unfair competition.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Thus, the law has specified very specifically that Industrial property rights<\/strong><\/span> are protection for objects including inventions, industrial designs<\/strong>,<\/span> layout designs of semiconductor integrated circuits, trademarks<\/strong>,<\/span> trade names, geographical indications, trade secrets created or owned by you and the right to combat unfair competition.<\/p>\n

\"\"
Label<\/figcaption><\/figure>\n
\"\"
Sofa style<\/figcaption><\/figure>\n
\"\"
Pressure vessel patent<\/figcaption><\/figure>\n

2. What is an industrial property representative organization?<\/em><\/strong><\/span><\/span><\/h3>\n

According to the provisions of Clause 1, Article 151 of the Law on Intellectual Property 2005 (amended and supplemented in 2009 and 2019), then:<\/p>\n\n\n\n
Article 151. Industrial property representation services<\/em><\/strong><\/p>\n

1. Industrial property representation services include:<\/em><\/p>\n

a) Representing<\/strong> organizations and individuals before competent state agencies on the establishment and enforcement of industrial property rights;<\/em><\/p>\n

b) Consulting<\/strong> on matters related to the procedure for establishing and enforcing industrial property rights;<\/em><\/p>\n

c) Other services related to the procedure for establishing and enforcing industrial property rights.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Thus, industrial property representative organizations are organizations that advise, represent, and represent you on behalf of you to file registration, amend, extend, or respond to notices of state agencies, handling handling infringements for industrial property objects\u2026<\/p>\n

However, not all units are entitled to represent organizations and individuals to act as industrial property representatives, but only organizations that meet the conditions and are granted a license can carry out the translation. industrial property representation.<\/p>\n

Intellectual property law has the following provisions:<\/p>\n\n\n\n
Article 154. Conditions for providing industrial property representation services <\/em><\/strong>(Intellectual Property Law 2005, amended and supplemented in 2009 and 2019)<\/em><\/p>\n

An organization that meets the following conditions may provide industrial property representation services in the name of an industrial property representation service organization:<\/em><\/p>\n

1. Being an enterprise, cooperative, law-practicing organization, science and technology service organization established and operating in accordance with law, excluding foreign law-practicing organizations in Viet Nam;<\/em><\/p>\n

2. Having the function of providing industrial property representation services<\/strong> as recorded in the Business Registration Certificate or Operation Registration Certificate (hereinafter referred to as the Business Registration Certificate);<\/em><\/p>\n

3. The head of the organization or the person authorized by the head of the organization must satisfy the conditions<\/strong> for industrial property representation service practice prescribed in Clause 1, Article 155 of this Law.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

In addition, the conditions for industrial property representation service practice are also mentioned in the following regulations:<\/p>\n\n\n\n
\u00a0Article 155. Conditions for industrial property representation service practice (<\/em><\/strong>Intellectual Property Law 2005, amended and supplemented in 2009 and 2019)<\/em><\/p>\n

1. Individuals are allowed to practice industrial property representation services if they satisfy the following conditions:<\/strong><\/em><\/p>\n

a) Possessing an industrial property representation service practice certificate<\/strong>;<\/em><\/p>\n

b) Acting for an industrial property representation service organization.<\/em><\/p>\n

2. Individuals who satisfy the following conditions shall be granted industrial property representation service practice certificates:<\/em><\/p>\n

a) Being a Vietnamese citizen with full civil act capacity;<\/em><\/p>\n

b) Permanently reside in Vietnam;<\/em><\/p>\n

c) Having a university diploma;<\/em><\/p>\n

d) Having directly worked in industrial property law for five consecutive years or more or directly appraised various types of industrial property registration applications at a national or international agency in charge of industrial property; industrial property for five consecutive years or more or have graduated from an industrial property law training course recognized by a competent authority;<\/em><\/p>\n

dd) Not being civil servants or public employees working at state agencies competent to establish and ensure the enforcement of industrial property rights;<\/em><\/p>\n

e) Having passed the examination on industrial property representation held by a competent authority.<\/em><\/p>\n

3. The Government shall specify training programs on industrial property law, professional examination of industrial property representation, and grant of industrial property representation service practice certificates.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Thus, registration of protection for industrial property objects such as trademark registration, industrial design registration, or patent registration is a conditional business line. To be able to provide this service, that organization must have a holder of an Industrial Property Representative Card <\/strong><\/span>(Industrial Property Representation Service Practice Certificate) and recognized under the Decision<\/strong><\/span> of the National Office of Intellectual Property:<\/p>\n

\"Industrial-property-representative-card\"
Industrial property representative card<\/figcaption><\/figure>\n

3. Why should the Industrial Property Representative Organization be authorized?<\/em><\/strong><\/span><\/span><\/h3>\n

Not every industrial property object that submits an application for registration will be approved for protection, but such industrial property object must fully <\/strong><\/span>satisfy the conditions and standards for protection as prescribed in order to be granted a certificate of registration. by insurance.<\/p>\n

\"Diploma-of-Protection\"
Diploma of Protection<\/figcaption><\/figure>\n

Some possible rejections are:<\/p>\n

♦ For a trademark, it may be rejected because it is only descriptive<\/strong><\/span>, or is identical or similar<\/strong><\/span> to another person’s trademark that has been registered before; or do not monitor the status of the application, so they do not reply<\/strong>,<\/strong> pay the fee on time<\/strong>;<\/span><\/p>\n

♦ An industrial design may be rejected because it is not new, has no creativity or is not capable of industrial application;<\/p>\n

♦ For an invention, it may be rejected due to its lack of novelty, inventive step, or industrial applicability.<\/p>\n

Thus, it can be seen that submitting an application for protection of intellectual property is not simple<\/strong>, but must go through many stages of examination, appraisal and assessment of protection ability by competent state agencies. Therefore, it is better to minimize the risk of application being rejected when registering or dealing with industrial property objects, you should authorize a qualified representative organization. practice, experience and expertise to help you do it.<\/p>\n

In case a foreign organization or individual wants to register for trademark protection in Vietnam, according to Clause 2, Article 89 of the Law on Intellectual Property 2005 (amended and supplemented in 2009 and 2019):<\/p>\n\n\n\n
Article 89. Method of filing an application for registration of establishment of industrial property rights<\/em><\/p>\n

2. Foreign individuals who do not permanently reside in Vietnam, and foreign organizations and individuals that do not have production or business establishments in Vietnam, shall submit applications for registration of establishment of industrial property rights through their lawful representatives<\/strong> in Vietnam. Vietnam.<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

This regulation is guided in detail at Point b, Clause 3.2, Article 3 of Circular No. 01\/2007\/TT-BKHCN dated February 14, 2007 (amended in 2010, 2011, 2013 and 2016):<\/p>\n\n\n\n
3. Representative of the applicant<\/em><\/p>\n

3.2 The following organizations and individuals may represent the applicant:<\/em><\/p>\n

b) For organizations and individuals specified in Clause 2, Article 89 of the Intellectual Property Law: industrial property representation service organizations<\/strong> (as authorized by the application owner).<\/em><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Thus, for foreign<\/strong> organizations and individuals that do not permanently reside in Vietnam, have no head office or business establishments in Vietnam, but want to submit an application for registration of industrial property protection, they must go through a foreign organization<\/strong> industrial property representative.<\/strong><\/p>\n

4. CIS Law Firm is a professional industrial property representation organization<\/em><\/strong><\/span><\/span><\/h3>\n

CIS Law Firm is an Intellectual Property Representative Organization with full licenses, certificates and functions<\/strong> to represent organizations and individuals before competent State agencies on establishment, protection and enforcement rights to industrial property objects<\/strong><\/p>\n

\"Decision\"
Decision on recognition of industrial property representative organization of CIS Law firm<\/figcaption><\/figure>\n
\"Representative-card-of-industrial-property-of-CIS\"
Representative card of industrial property of CIS Law Firm<\/figcaption><\/figure>\n

5. Industrial property representation service at CIS Law Firm<\/em><\/strong><\/span><\/span><\/h3>\n

\u2013 With more than 13 years of establishment and operation, CIS Law Firm has a team of lawyers and experts who are all well-trained and specialized in the field of Intellectual Property, possessing many professional qualifications in Property. intellectual property granted by the National Office of Intellectual Property of Vietnam (NOIP) <\/strong>and the World Intellectual Property Organization (WIPO)<\/strong>.<\/p>\n

\"degrees-professional-certificates-in-intellectual-property\"
A number of degrees, professional certificates in Intellectual Property of the Law Firm CIS<\/figcaption><\/figure>\n

\u2013 Industrial property objects are assessed by CIS Law Firm lawyers and experts before submitting the application for registration to save maximum time and costs for the Client;<\/p>\n

According to statistics of the National Office of Intellectual Property, only about 30-40% of the registration dossiers are approved for protection and granted a diploma, the remaining 60-70% are waiting for the applicant to explain the legal objection. due to the Department’s refusal prior to the final refusal decision. In recent years, more than 90% of industrial property records at CIS Law Firm have been successfully granted protection titles:<\/p>\n

\"Notice-of-approval-for-trademark-protection\"
Notice of approval for trademark protection of the National Office of Intellectual Property sent to Law Firm CIS<\/figcaption><\/figure>\n

\u2013 CIS Law Firm has consulted for many domestic and foreign clients, from startups or even established businesses:<\/p>\n

\"typical-customers\"
Typical customers<\/figcaption><\/figure>\n

In addition to the careful preparation and professionalism in the application, one of the reasons contributing to the success of the intellectual property registration is the good relationship with the competent State agencies. built by a team of lawyers at CIS Law Firm over the past 13 years. CIS Law Firm always values \u200b\u200band builds the necessary relationships to support clients’ requests in the fastest, most convenient and most effective way.<\/p>\n

To answer questions about industrial property representation services<\/strong><\/span>, please contact the information below:<\/p>\n

INTELLECTUAL PROPERTY DEPARTMENT \u2013 CIS LAW FIRM<\/strong><\/span><\/p>\n

109 Hoang Sa, Da Kao Ward, District 1, City. Ho Chi Minh
\n<\/strong>Phone: 028 3911 8580 \u2013 091 911 8580
\n<\/strong>Email: info@cis.vn \u2013 sohuutritue@cis.vn<\/strong><\/p>","protected":false},"excerpt":{"rendered":"

Realizing the importance of intellectual property, many businesses, organizations or even individuals have filed for protection for their \u201cintangible\u201d assets, such as trademarks, industrial designs or patents. However, not all registration documents are successfully protected for many different reasons, such as when you submit the application yourself without knowing the legal regulations on conditions, review process … Therefore, there are many people who have chosen to authorize a professional organization… <\/p>\n","protected":false},"author":1,"featured_media":9498,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[1688,1,1065],"tags":[332,340],"_links":{"self":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts\/9497"}],"collection":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/comments?post=9497"}],"version-history":[{"count":4,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts\/9497\/revisions"}],"predecessor-version":[{"id":9502,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/posts\/9497\/revisions\/9502"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/media\/9498"}],"wp:attachment":[{"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/media?parent=9497"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/categories?post=9497"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cis.vn\/en\/wp-json\/wp\/v2\/tags?post=9497"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}