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 propety 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.
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