According to the regulations of law on
complaint, complain means a citizen, agency, organization, cadre or civil
servant requests a competent agency, organization or person to review an
administrative decision or act of a state administrative agency or competent
person in such agency when having grounds to believe that such decision or act
is unlawful and infringes upon their rights and lawful interests. Whereby, the
decision or notification of National office of Intellectual property in Vietnam
related to an industrial property subject is also an administrative decision and
may be complained if the rights and benefit of interested parties to that
industrial property subject are effected.
Who have right to file complaint in
intellectual property registration?
According to current regulation of law on intellectual property
regarding the complaint of industrial registration,
the subjects who have the right to complain to intellectual property authority
or file petition at the court include all organizations and individuals having
the rights and benefit directly relate to the decision or notification of
application on industrial property application.
How long is the timeline to file complaint in
intellectual property registration?
The first complaint is conducted within ninety (90) days from
the date when the persons who receive or know about the notification on
proceeding the industrial property application. The second complaint is within
thirties (30) days from the date of expired the duration for settlement of the
first complaint.
What is complaint filing procedures in
intellectual property registration?
Upon the expiry of the time limit for settling the first
complaints and the complaint was not settled or the parties did not agree to
the decision on settling the state authority, then complainant, the person who
has the directly related right and benefits shall have the right to complain to
Minister of Ministry of Science and Technology – MOIST (the second complaint)
or file petition at the court. If the parties does not agree to the settlement
decision of MOIST, then, the person whom file complaint and the persons who has
directly related right and benefit to that decision may bring to case to the
court.
What are the dossiers for filing complaint in
intellectual property registration?
The dossiers for filing complaint include the following
documents:
The application with matters to be complained;
The submission and evidence of complaint;
The copy of decision or notification is subject to be
complained;
The copy of settlement decision for the first complaint (to the
second complaint);
Power of attorney (if submit the application via intellectual
property agent i.e. ANT Lawyers).
What are settlement of complaint application?
Within ten (10) days from the date of receiving the complaint
application, the person who has the competent of settling the complaint must
examine the formal of application and issue the notification to the complainant
whether the complaint application is being processed. In case of being
processed, the person who has the competent of settling the complaint shall
notify in written document to the parties who have directly related rights and
benefits (“interested parties”) and set a time limit for them to provide
opinions. Interested parties have the right to provide information, evidence
for the opinion and the competent person is responsible for considering such
submissions. At the end of the time limit, if there is no opinion from
interested parties, the complaint shall be settled base on the opinions of the
complainant.
What are decision of settling the complaint
and publication of such?
Based on the arguments and evidence of complainant and
interested parties, the competent person must issue the decision of settling
the complaint within the duration as regulated of law on complaint. Before
issue this decision, competent person notifies to the complainant and
interested parties on the arguments and evidences of each party used to settle
the complaint and the result of the complaint. The decision of settling the
complaint is published on Industrial Gazette within 02 months from the date of
signing the decision.
If the client needs help with handling such complaint, our intellectual property attorney in
Vietnam at ANT Lawyers will be of help.
ANT Lawyers - a Law firm in Vietnam with international standard, local expertise and
strong international network. We focus on customers’ needs and provide clients
with a high quality legal advice and services. For advice or service request,
please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.
