Due to social distancing requirements of government to curb the
spead of Covid-19, Vietnam government agencies including National Office of
Intellectual Properties (NOIP) issues notification to provide instructions to
related parties to ensure smooth business operation for not only government
officers but also applications and Intellectual Property attorney representing
clients in registration, and other IP related works at the NOIP.
In order to minimize the
disadvantages caused by Covid-19 to applicants/industrial property right owners
relating to procedures for registration of industrial property rights with
NOIP, on March 13, 2020, NOIP has issued the Notification No. 5277/TB-SHTT on
application of legal provisions relating to time limits for applicants affected
by Covid-19 and transactions between applicants and the NOIP. The specific
content is as following:
1. Extension of time
limits for applicants affected by Covid-19 in carrying out procedures
All procedures for
registration of industrial property rights which are due in the period from 30
March 2020 to 30 April 2020, namely requests for claiming priority rights,
provision of supplement documents, responses to decisions/notifications of
NOIP, requests for annuities/renewal of the validity of protection titles,
payment of all types of fees and charges, lodgement of appeals/oppositions,
shall be automatically extended to 30 May 2020.
In other cases, applicants
who are still suffering from impacts of Covid-19 in perusing their applications
for establishment of the industrial property rights with IP Vietnam, can
request for the application of regulations on objective obstacles, force
majeure provided for in Points 9.4, 9.5 of Circular No.01/2007/TT-BKHCN amended
by Circular No.16/2016/TT-BKHCN.
2. Filing PPH requests
PPH agreement between NOIP and the Japan Patent Office
The receiving date of
PPH requests will be re-scheduled from May 4th 2020 instead of
April 1st 2020 as announced earlier by NOIP.
3. Transactions between
NOIP and applicants
From April 1st 2020,
all transactions between NOIP (including Headquarters in Hanoi, Representative
Offices in Da Nang City and Ho Chi Minh City) and applicants will only be
conducted via the postal service or through online filing system until further
notice. The payment of fees and charges by applicants is made via the postal
service or by bank transfer to IP Viet Nam’s bank account at the State Treasury
(pursuant to Notice No. 5241/TB-SHTT dated 27 March 2020) until further notice.
ANT Lawyers - A Law
firm in Vietnam is supported by a team of experienced patent,
trademark, design attorneys with qualification and skills handling full range
of legal services relating to intellectual property rights in
Vietnam. We have specialized in the preparation and
registration of patents, trademarks and designs for our clients. To learn more
about ANT Lawyers or contact our lawyers in Vietnam for advice via email
ant@antlawyers.vn or call our office at +84 28 730 86 529. Best regard,
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