Chương XI Luật Sở hữu trí tuệ 2005: Đại diện sở hữu công nghiệp

Chapter XI

INDUSTRIAL PROPERTY REPRESENTATION

Article 151. Industrial property representation services

1. Industrial property representation services shall comprise:

 (a) Representing organizations or individuals before competent State bodes in the establishment and enforcement of industrial property rights;

 (b) Providing consultancy on issues related to procedures for the establishment and enforcement of industrial property rights;

 (c) Other services related to procedures for the establishment and enforcement of industrial property rights.

2. Industrial property representatives shall comprise organizations providing industrial property representation services (hereinafter referred to as industrial property representation service organizations) and individuals practicing industrial property representation within such organizations (hereinafter referred to as industrial property agents).

Article 152. Scope of rights of industrial property representatives

1. Industrial property representation service organizations shall only provide services within the scope of authorization and may re-authorize other industrial property representation service organizations when they obtain written consent from the authorizing parties.

2. Industrial property representation service organizations may voluntarily waive their industrial property representation service business after having lawfully transferred all incomplete representation jobs to other industrial property representation service organizations.

3. Industrial property representatives must not perform the following activities:

 (a) Concurrently represent different parties in dispute over industrial property rights;

 (b) Withdraw applications for protection titles, declare waiver of protection or withdraw appeals against the establishment of industrial property rights without consent from the authorizing parties;

 (c) Deceive their clients regarding contracts for industrial property representation services or force their clients to enter into and perform such contracts.

Article 153. Responsibilities of industrial property representatives

1. Industrial property representatives shall have the following responsibilities:

 (a) To clearly notify fee and charge amounts and rates related to procedures for establishment and enforcement of industrial property rights, and service charge amounts and rates according to the service charge tariff registered at the State administrative body for industrial property rights;

 (b) To keep confidential information and documents related to cases in which they act as representatives;

 (c) To truthfully and fully inform represented parties of all notices and requests from the State body competent to establish and enforce industrial property rights; to deliver on time to the represented parties protection titles and other decisions;

 (d) To protect the rights and legitimate interests of represented parties by promptly satisfying all requests regarding represented parties from the State body competent to establish and enforce industrial property rights;

 (dd) To notify the State body competent to establish and enforce industrial property rights of all changes in the names, addresses of and other information about the represented parties when necessary.

2. Industrial property representation service organizations shall be civilly liable to the represented parties for representation performed by industrial property agents on behalf of such service organizations.

Article 154. Conditions applicable to industrial property representation service business

Organizations which satisfy the following conditions shall be permitted to provide industrial property representation services as industrial property representation service organizations:

1. Being a business or organization which practises law, or a scientific and technological service organization lawfully established and operating.

2. Having the function of providing industrial property representation services, which is stated in its business registration certificate or operation registration certificate (hereinafter both referred to as business registration certificate).

3. The head of such organization or person authorized by the head must satisfy the conditions for industrial property representation service practice stipulated in clause 1 of article 155 of this Law.

Article 155. Conditions applicable to industrial property representation service practices

1. An individual who satisfies the following conditions shall be permitted to practice industrial property representation service:

 (a) Having an industrial property representation service practising certificate;

 (b) Working for one industrial property representation service organization.

2. Any individual who satisfies the following conditions shall be granted an industrial property representation service practising certificate:

 (a) Being a Vietnamese citizen with full capacity for civil acts;

 (b) Residing permanently in Vietnam;

 (c) Having a university degree;

 (d) Having been engaged personally in the domain of industrial property law for five consecutive years or more, or in the examination of assorted industrial property registration applications at national or international industrial property offices for five consecutive years or more, or having graduated from a training course on industrial property law recognized by the competent body;

 (dd) Not being a civil servant working in the State body competent to establish and enforce industrial property rights;

 (e) Having passed an examination on the industrial property representation profession organized by the competent body.

3. The Government shall provide detailed programs on industrial property law training and on examinations for the industrial property representation profession, and on the grant of industrial property representation service practising certificates.

Article 156. Recording and deleting names of industrial property representation service organizations; withdrawal of industrial property representation service practising certificates

1. Organizations and individuals who satisfy the conditions for industrial property representation service business or practice stipulated in articles 154 and 155 of this Law shall, at their request, be recorded in the National Register of Industrial Property Representatives and published in the Official Gazette of Industrial Property by the State administrative body for industrial property rights.

2. Where there are grounds to confirm that an industrial property representative no longer satisfies the business or practising conditions stipulated in articles 154 and 155 of this Law, the State administrative body for industrial property rights shall delete the name of such industrial property representative in the National Register of Industrial Property and publish such deletion in the Official Gazette of Industrial Property.

3. Industrial property representation service organizations which breach the provisions of clause 3 of article 152 and article 153 of this Law shall be dealt with in accordance with law.

4. Industrial property agents who make professional mistakes while practising or who breach the provisions of clause 3(c) of article 152 and clause 1(a) of article 153 of this Law shall, depending on the nature and seriousness of their mistake or breach, be subject to a caution, monetary fine or withdrawal of their industrial property representation service practising certificate.