Phần thứ ba Luật Sở hữu trí tuệ 2005: Quyền sở hữu công nghiệp

PART III

INDUSTRIAL PROPERTY RIGHTS

Chapter VII

CONDITIONS FOR PROTECTION OF INDUSTRIAL PROPERTY RIGHTS

Section 1. CONDITIONS FOR PROTECTION OF INVENTIONS

Article 58. General conditions for inventions to be eligible for protection

1. An invention shall be eligible for protection in the form of the grant of an invention patent when it satisfies the following conditions:

 (a) It is novel;

 (b) It is of an inventive nature;

 (c) It is susceptible of industrial application.

2. Unless an invention is common knowledge, it shall be protected in the form of the grant of a utility solution patent when it satisfies the following conditions:

 (a) It is novel;

 (b) It is susceptible of industrial application.

Article 59. Objects ineligible for protection as inventions

The following objects shall be ineligible for protection as inventions:

1. Scientific discoveries or theories, mathematical methods.

2. Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games and doing business; computer programs.

3. Presentations of information.

4. Solutions of aesthetic characteristics only.

5. Plant varieties, animal breeds.

7. Processes of plant or animal production which are principally of a biological nature, other than microbiological processes.

8. Human and animal disease prevention methods, diagnostic and treatment methods.

Article 60. Novelty of inventions

1. An invention shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application.

2. An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

3. An invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

 (a) It is published by another person without permission from the person having the right to register it as defined in article 86 of this Law;

 (b) It is published in the form of a scientific presentation by the person having the right to register it as defined in article 86 of this Law;

 (c) It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it as defined in article 86 of this Law.

Article 61. Inventive nature of inventions

An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art.

Article 62. Inventions which are susceptible of industrial application

An invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

Section 2. CONDITIONS FOR PROTECTION OF INDUSTRIAL DESIGNS

Article 63. General conditions for industrial designs to be eligible for protection

1. An industrial design shall be eligible for protection when it satisfies the following conditions:

 (a) It is novel;

 (b) It is of a creative nature;

 (c) It is susceptible of industrial application.

Article 64. Objects ineligible for protection as industrial designs

The following items shall be ineligible for protection as industrial designs:

1. Outward appearance of a product which is necessarily due to the technical features of the product.

2. Outward appearance of civil or industrial construction works.

3. Shape of a product which is invisible during the use of the product.

Article 65. Novelty of industrial designs

1. An industrial design shall be deemed to be new if it significantly differs from other industrial designs which have been publicly disclosed by use or by means of written descriptions or in any other form either inside or outside Vietnam prior to the filing date or the priority date, as applicable, of the application for registration of the industrial design.

2. Two industrial designs shall not be deemed to be significantly different from each other if they are only different in features of appearance which are not easily noticeable and memorable and which cannot be used to distinguish such industrial designs overall.

3. An industrial design shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

4. An industrial design shall be deemed not to have lost its novelty if it is published in the following cases, provided that the application for registration of the industrial design is filed within six (6) months from the date of publication:

 (a) It is published by another person without permission from the person having the right to register it as defined in article 86 of this Law;

 (b) It is published in the form of a scientific presentation by the person having the right to register it as defined in article 86 of this Law;

 (c) It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it as defined in article 86 of this Law.

Article 66. Creativity of industrial designs

An industrial design shall be deemed to be creative if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the application for registration of the industrial design, the industrial design cannot be easily created by a person with average knowledge in the art.

Article 67. Industrial designs which are susceptible of industrial application

An industrial design shall be deemed to be susceptible of industrial application if it can be used as a model for mass manufacture of products with the outward appearance embodying such industrial design by industrial or handicraft methods.

Section 3. CONDITIONS FOR PROTECTION OF LAYOUT DESIGNS

Article 68 General conditions for layout designs to be eligible for protection

A layout design shall be eligible for protection when it satisfies the following conditions:

1. It is original.

2. It is commercially novel.

Article 69. Objects ineligible for protection as layout designs

The following items shall be ineligible for protection as layout designs:

1. Principles, processes, systems and methods operated by semiconductor integrated circuits.

2. Information or software contained in semiconductor integrated circuits.

Article 70. Originality of layout designs

1. A layout design shall be deemed to be original if it satisfies the following conditions:

 (a) It is the result of its author's creative labour;

 (b) It was not widely known among creators of layout designs or manufacturers of semi- conducting closed circuits at the time of its creation.

2. A layout design which is a combination of elements and common interconnections shall be deemed to be original only if such combination, taken overall, is original pursuant to the provisions of clause 1 of this article.

Article 71. Commercial novelty of layout designs

1. A layout design shall be deemed to be commercially novel if it has not yet been commercially exploited anywhere in the world prior to the filing date of the application for registration.

2. A layout design shall not be deemed to have lost its commercial novelty if the application for registration of the layout design is filed within two years from the date it was commercially exploited for the first time anywhere in the world by the person who has the right to register it as defined in article 86 of this Law or by his or her licensee.

3. Commercial exploitation of a layout design as stipulated in clause 2 of this article means any act of public distribution for commercial purposes of a semiconductor integrated circuit produced by incorporation of such layout design, or of a commodity containing such semiconductor integrated circuit.

Section 4. CONDITIONS FOR PROTECTION OF MARKS

Article 72. General conditions for marks to be eligible for protection

A mark shall be eligible for protection when it satisfies the following conditions:

1. It is a visible sign in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colours.

2. It is capable of distinguishing goods or services of the mark owner from those of other subjects.

Article 73. Signs ineligible for protection as marks

The following signs shall be ineligible for protection as marks:

1. Signs identical with or confusingly similar to national flags or national emblems.

2. Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations.

3. Signs identical with or confusingly similar to real names, aliases, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries.

4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by such organizations.

5. Signs which cause misunderstanding or confusion or which deceive consumers as to the origin, properties, use, quality, value or other characteristics of goods or services.

Article 74. Distinctiveness of marks

1. A mark shall be deemed to be distinctive if it consists of one or more easily noticeable and memorable elements, or of many elements forming an easily noticeable and memorable combination, and does not fall into the cases stipulated in clause 2 of this article.

2. A mark shall be deemed to be indistinctive if it is a sign falling into one of the following categories:

 (a) Simple shapes and geometric figures, numerals, letters or scripts of uncommon languages, except where such sign has been widely used and recognized as a mark;

 (b) Conventional signs or symbols, pictures or common names in any language of goods or services that have been widely and regularly used and known to many people;

 (c) Signs indicating time, place and method of production; category, quantity, quality, properties, ingredients, use, value or other characteristics descriptive of goods or services, except where such sign has acquired distinctiveness by use before the filing of the application for registration of the mark;

 (d) Signs describing the legal status and business sector of business entities;

 (dd) Signs indicating the geographical origin of goods or services, except where such sign has been widely used and recognized as a mark or registered as a collective mark or certification mark as stipulated in this Law;

 (e) Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of applications for registration with earlier filing dates or priority dates, as applicable, including applications for registration of marks filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member;

 (g) Signs identical with or confusingly similar to another person's mark which has been widely used and recognized for similar or identical goods or services before the filing date or the priority date, as applicable;

 (h) Signs identical with or confusingly similar to another person's mark which has been registered for identical or similar goods or services, the registration certificate of which has been invalidated for no more than five years, except where the ground for such invalidation was non-use of the mark pursuant to sub-clause (d) of article 95.1 of this Law;

 (i) Signs identical with or confusingly similar to another person's mark recognized as a well known mark which has been registered for goods or services which are identical with or similar to those bearing such well known mark, or for dissimilar goods or services if the use of such mark may affect the distinctiveness of the well known mark or the mark registration was aimed at taking advantage of the reputation of the well known mark;

 (k) Signs identical with or similar to another person's trade name currently in use if the use of such sign may cause confusion to consumers as to the origin of goods or services;

 (l) Signs identical with or similar to a protected geographical indication if the use of such sign may mislead consumers as to the geographical origin of goods;

 (m) Signs identical with, containing or being translated or transcribed from protected geographical indications for wines or spirits if such sign has been registered for use with respect to wines and spirits not originating from the geographical areas bearing such geographical indications;

 (n) Signs identical with or insignificantly different from another person's industrial design which has been protected on the basis of an application for registration of an industrial design with a filing date or priority date earlier than that of the application for registration of the mark.

Article 75. Criteria for evaluation of whether or not a mark is well known

The following criteria shall be taken into account when considering whether or not a mark is well known:

1. The number of relevant consumers who were aware of the mark by purchase or use of goods or services bearing the mark, or from advertising.

2. The territorial area in which goods or services bearing the mark are circulated.

3. Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.

4. Duration of continuous use of the mark.

5. Wide reputation of goods or services bearing the mark.

6. Number of countries protecting the mark.

7. Number of countries recognizing the mark as a well known mark.

8. Assignment price, licensing price, or investment capital contribution value of the mark.

Section 5. CONDITIONS FOR PROTECTION OF TRADE NAMES

Article 76. General conditions for trade names to be eligible for protection

A trade name shall be protected when it is capable of distinguishing the business entity bearing it from other business entities operating in the same business sector and locality.

Article 77. Objects ineligible for protection as trade names

Names of State bodies, political organizations, socio-political organizations, socio-politico-professional organizations, social organizations, socio-professional organizations and other entities not involved in business activities shall not be protected as trade names.

Article 78. Distinctiveness of trade names

A trade name shall be deemed to be distinctive when it satisfies the following conditions:

1. It consists of a proper name, except where the proper name was widely known by use.

2. It is not identical with or confusingly similar to a trade name which was used earlier by another person in the same business sector and locality.

3. It is not identical with or confusingly similar to another person's mark or a geographical indication which was protected before the date of use of such trade name.

Section 6. CONDITIONS FOR PROTECTION OF GEOGRAPHICAL INDICATIONS

Article 79. General conditions for geographical indications to be eligible for protection

A geographical indication shall be eligible for protection when it satisfies the following conditions:

1. The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication.

2. The product bearing the geographical indication has a reputation, quality or characteristics mainly attributable to geographical conditions of the area, locality, territory or country corresponding to such geographical indication.

Article 80. Objects ineligible for protection as geographical indications

The following objects shall be ineligible for protection as geographical indications:

1. Names or indications which have become generic names of goods in Vietnam.

2. Geographical indications of foreign countries where they are not, or no longer, protected or used.

3. Geographical indications identical with or similar to a protected mark, where the use of such geographical indication is likely to cause confusion as to the origin of products.

4. Geographical indications which mislead consumers as to the true geographical origin of products bearing such geographical indications.

Article 81. Reputation, quality and characteristics of products bearing geographical indications

1. Reputation of products bearing a geographical indication shall be determined on the basis of the trust of consumers in such products to the extent such products are widely known to and selected by consumers.

2. Quality and characteristics of products bearing a geographical indication shall be determined by one or more qualitative, quantitative or physically, chemically, microbiologically perceptible criteria which can be tested by technical means or by experts with appropriate testing methods.

Article 82. Geographical conditions relevant to geographical indications

1. Geographical conditions relevant to a geographical indication means natural and human factors decisive to reputation, quality and characteristics of products bearing such geographical indication.

2. Natural factors shall include climatic, hydrological, geological, topographical and ecological factors and other natural conditions.

3. Human factors shall include skills and expertise of producers, and traditional production processes of localities.

Article 83. Geographical areas bearing geographical indications

Geographical areas bearing geographical indications must have their boundaries accurately determined by words and by maps.

Section 7. CONDITIONS FOR PROTECTION OF TRADE SECRETS

Article 84. General conditions for trade secrets to be eligible for protection

A trade secret shall be eligible for protection when it satisfies the following conditions:

1. It is neither common knowledge nor easily obtainable.

2. When used in business activities, the trade secret will create for its holder advantages over those who do not hold or use it.

3. The owner of the trade secret maintains its secrecy by necessary means so that the secret will not be disclosed nor be easily accessible.

Article 85. Objects ineligible for protection as trade secrets

The following confidential information shall be ineligible for protection as trade secrets:

1. Personal identification secrets.

2. State management secrets.

3. National defence and security secrets.

4. Other confidential information unrelated to business.

Chapter VIII

ESTABLISHMENT OF INDUSTRIAL PROPERTY RIGHTS TO INVENTIONS, INDUSTRIAL DESIGNS, LAYOUT DESIGNS, MARKS AND GEOGRAPHICAL INDICATIONS

Section 1. REGISTRATION OF INVENTIONS, INDUSTRIAL DESIGNS, LAYOUT DESIGNS, MARKS AND GEOGRAPHICAL INDICATIONS

Article 86. Right to register inventions, industrial designs and layout designs

1. The following organizations and individuals shall have the right to register inventions, industrial designs and layout designs:

 (a) Authors who have created inventions, industrial designs or layout designs by their own labour and at their own expense;

 (b) Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring, unless otherwise agreed by the parties involved and provided that such agreements are not contrary to the provisions of clause 2 of this article.

2. The Government shall provide regulations on the right to register inventions, industrial designs and layout designs created by using material and technical facilities and funds from the State Budget.

3. Where a number of organizations and individuals have jointly created or invested in the creation of an invention, industrial design or layout design, such organizations and individuals shall all have the registration right which may only be exercised with the consensus of all.

4. A person who has the registration right as stipulated in this article may assign such right to other organizations or individuals by a written contract, bequest or inheritance in accordance with law, even where a registration application has already been filed.

Article 87. Right to register marks

1. Organizations and individuals shall have the right to register marks to be used for goods such organizations or individuals produce or for services such organizations or individuals provide.

2. Any organization or individual lawfully engaged in commercial activities shall have the right to register a mark for a product which the latter puts onto the market but which was manufactured by others, provided that the manufacturer does not use such mark for a product and does not object to such registration.

3. Lawfully established collective organizations shall have the right to register collective marks to be used by the members of the collective organization pursuant to the regulations of the collective organization on use of collective marks. For signs indicating geographical origins of goods or services, an organization with the right to register means a local collective organization of [other] organizations or individuals engaged in production or trading in the relevant locality.

4. Organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services shall have the right to register certification marks, provided that such organizations are not engaged in production or trading of such goods or services.

5. Two or more organizations or individuals shall have the right to jointly register a mark in order to become its co-owners on the following conditions:

 (a) Such mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners;

 (b) The use of such mark does not cause confusion to consumers as to the origin of goods or services.

6. Persons with the registration right stipulated in clauses 1, 2, 3, 4 and 5 of this article, including those who have already filed registration applications, may assign the registration right to other organizations or individuals by a written contract, bequest or inheritance in accordance with law, provided that the assignee satisfies the conditions applicable to persons with the registration right.

7. For a mark protected in a country being a contracting party to a treaty of which the Socialist Republic of Vietnam is a member, which treaty prohibits the representative or agent of a mark owner from registering such mark, the representative or agent shall not be permitted to register such mark without agreement from the mark owner unless there is a justifiable reason.

Article 88. Right to register geographical indications

The right to register Vietnamese geographical indications belongs to the State.

The State shall permit organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations or individuals, and administrative bodies of localities to which such geographical indications pertain, to exercise the right to register geographical indications. Persons who exercise the right to register geographical indications shall not become owners of such geographical indications.

Article 89. Methods of filing an application for registration of establishment of industrial property rights

1. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, and foreign organizations and individuals having production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights either directly or through their lawful representatives in Vietnam.

2. Foreign individuals not permanently residing in Vietnam and foreign organizations and individuals without production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights through their lawful representatives in Vietnam.

Article 90. "First to file" principle

1. Where two or more applications for registration are filed by different parties for the same invention, for registration of industrial designs identical with or insignificantly different from each other, for registration of marks identical with or confusingly similar to each other, or for identical or similar goods or services, a protection title may only be granted to the valid application with the earliest priority or filing date amongst applications which satisfy all conditions for the grant of a protection title.

2. Where there are two or more applications satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, a protection title may only be granted to a single application from such applications with agreement from all applicants. Without such an agreement, all such applications shall be refused the grant of a protection title.

Article 91. Priority principle

1. An applicant for registration of an invention, industrial design or mark may claim priority on the basis of the first application for registration of protection of the subject matter if the following conditions are fully satisfied:

 (a) The first application was filed in Vietnam or in a country being a contracting party to a treaty of which the Socialist Republic of Vietnam is also a member, containing provisions on priority right, or in a country which has agreed with Vietnam to apply such provisions;

 (b) The applicant is a citizen of Vietnam or of a country defined in sub-clause (a) of this clause, who resides or has a production or business establishment in Vietnam or in a country defined in sub-clause (a) of this clause;

 (c) The claim for the priority right is clearly stated in the application and a copy of the first application certified by the receiving office is enclosed;

 (d) The application is filed within the time-limit provided for in a treaty of which Vietnam is a member.

2. In an application for registration of an invention, industrial design or mark, the applicant may claim the priority right on the basis of different earlier filed applications, provided that the similarity between the contents of such earlier applications and the present application are indicated.

3. An application for registration of industrial property which enjoys priority right shall bear the priority date being the filing date of the first application.

Article 92. Protection titles

1. A protection title shall recognize the owner of the invention, industrial design, layout design or mark (hereinafter all referred to as protection title owners); the author of the invention, industrial design or layout design; and the subject matter, scope and term of protection.

2. A protection title of a geographical indication shall record the organization managing such geographical indication, the organization or individual having the right to use such geographical indication, the protected geographical indication, the particular characteristics of products bearing such geographical indication, and the particular characteristics of geographical conditions and geographical areas bearing such geographical indication.

3. Protections title shall include an invention patent, utility solution patent, industrial design patent, certificate of registered design of semi-conducting closed circuits, certificate of registered mark and certificate of registered geographical indication.

Article 93. Validity of protection titles

1. Protection titles shall be valid throughout the entire territory of Vietnam.

2. An invention patent shall be valid from the grant date until the end of twenty (20) years after the filing date.

3. A utility solution patent shall be valid from the grant date until the end of ten (10) years after the filing date.

4. An industrial design patent shall be valid from the grant date until the end of five (5) years after the filing date and may be renewed for two consecutive terms, each of five (5) years.

5. A certificate of registered design of semi-conducting closed circuits shall be valid from the grant date until the earliest date among the following:

 (a) The end of ten (10) years after the filing date;

 (b) The end of ten (10) years after the date the layout design was first commercially exploited anywhere in the world by a persons with the registration right or his or her licensee;

 (c) The end of fifteen (15) years after the date of creation of the layout design.

6. A certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date and may be renewed for many consecutive terms, each of ten (10) years.

7. A certificate of registered geographical indication shall have indefinite validity starting from the grant date.

Article 94. Maintenance and extension of validity of protection titles

1. In order to maintain the validity of an invention patent or a utility solution patent, the owner must pay a validity maintenance fee.

2. In order to have the validity of an industrial design patent or a certificate of registered mark extended, the owner must pay a validity extension fee.

3. Fee rates and procedures for maintaining or extending validity of protection titles shall be stipulated by the Government.

Article 95. Termination of validity of protection titles

1. The validity of a protection title shall be terminated in the following cases:

 (a) The owner fails to pay the stipulated validity maintenance or extension fee;

 (b) The owner declares relinquishment of the industrial property rights;

 (c) The owner no longer exists, or the owner of a certificate of registered mark is no longer engaged in business activities and does not have a lawful heir;

 (d) The mark has not been used by its owner or the licensee of the owner without justifiable reason for five (5) consecutive years prior to a request for termination of validity, except where use is commenced or resumed at least three (3) months before the request for termination;

 (dd) The owner of a certificate of registered collective mark fails to supervise or ineffectively supervises the implementation of the regulations on use of the collective mark;

 (e) The owner of a certificate of registered certification mark violates the regulations on use of the certification mark or fails to supervise or ineffectively supervises the implementation of such regulations;

 (g) The geographical conditions decisive to reputation, quality or special characteristics of products bearing a geographical indication have changed resulting in the loss of such reputation, quality or characteristics of products.

2. Where the owner of an invention protection title fails to pay the validity maintenance fee before the stipulated time-limit, the validity of such protection title shall, upon the expiration of such time-limit, automatically terminate as from the first day of the first valid year for which the validity maintenance fee has not been paid. The State administrative body for industrial property rights shall record such termination in the National Register of Industrial Property and publish it in the Official Gazette of Industrial Property.

3. Where the owner of a protection title declares relinquishment of the industrial property right as stipulated in sub-clause (b) of clause 1 of this article, the State administrative body for industrial property rights shall decide to terminate the validity of such protection title from the date of receipt of the owner's declaration.

4. Organizations and individuals shall have the right to request the State administrative body for industrial property rights to terminate the validity of protection titles in cases specified in sub-clauses (c), (d), (dd), (e) and (g) of clause 1 of this article, provided that such organization or individual pays fees and charges. Based on the result of the examination of a request for termination of validity of a protection title and the opinions of the parties involved, the State administrative body for industrial property rights shall issue a decision on termination of validity of a protection title or notify refusal to terminate the validity of the protection title.

5. The provisions of clauses 1, 3 and 4 of this article shall also apply to the termination of validity of international registrations of marks.

Article 96. Cancellation of effectiveness of protection titles

1. A protection title shall be entirely invalidated in the following cases:

 (a) The applicant for registration has neither had nor been assigned the right to register the invention, industrial design, layout design or mark;

 (b) The industrial property object failed to satisfy the protection conditions at the time the protection title was granted.

2. A protection title shall be partly invalidated as to the part which failed to satisfy the protection conditions.

3. Any organization or individual may request the State administrative body for industrial property rights to invalidate a protection title in the cases specified in clauses 1 and 2 of this article, provided that such applicant pays fees and charges. The statute of limitations for exercising the right to request invalidation of a protection title shall be the whole term of protection of the protection title. For marks, such statute of limitations shall be five (5) years from the grant date, except where the protection title was granted as a result of dishonesty of the applicant.

4. Based on the result of the examination of a request for invalidation of a protection title and the opinions of the parties involved, the State administrative body for industrial property rights shall issue a decision on entire or partial invalidation of the protection title or shall notify refusal to invalidate.

5. The provisions of clauses 1, 2, 3 and 4 of this article shall also apply to the invalidation of international registrations of marks.

Article 97. Amendments to protection titles

1. The owner of a protection title may request the State administrative body for industrial property rights to make amendments to the following information in such protection title, provided that the prescribed fees and charge are paid:

 (a) Changes of, and corrections of errors to the name and address of the author or the protection title owner;

 (b) Amendments to the description of particular characteristics, quality or geographical area bearing a geographical indication; amendments to the regulations on use of collective marks or the regulations on use of a certification mark.

2. At the request of the owner of a protection title, the State administrative body for industrial property rights must correct errors caused by its fault in such protection title, and in such case the protection title owner shall not be liable to pay fees and charges.

3. The owner of a protection title may request the State administrative body for industrial property rights to narrow the scope of industrial property rights. In such a case, the corresponding industrial property registration application shall be substantively re-examined and the requesting party shall pay a fee for substantive examination.

Article 98. National Register of Industrial Property

1. The National Register of Industrial Property means the document recording the establishment, change and transfer of industrial property rights to inventions, industrial designs, layout designs, marks and geographical indications pursuant to this Law.

2. Decisions on grant of protection titles, principal contents of protection titles and decisions on amendment to, termination of validity or cancellation of validity of protection titles, and decisions on registration of industrial property right transfer contracts shall all be recorded in the National Register of Industrial Property.

3. The National Register of Industrial Property shall be compiled and kept by the State administrative body for industrial property rights.

Article 99. Publication of decisions relating to protection titles

Decisions on the grant, termination of validity, cancellation of validity or amendment of protection titles for industrial property rights shall be published by the State administrative body for industrial property rights in the Official Gazette of Industrial Property within sixty (60) days as from the date of issuance of such decision.

Section 2. APPLICATIONS FOR REGISTRATION OF INDUSTRIAL PROPERTY

Article 100. General requirements applicable to applications for registration of industrial property

1. An industrial property registration application shall contain the following documents:

 (a) Declaration for registration, made on the stipulated form;

 (b) Documents, samples and information identifying the industrial property object registered for protection as specified in articles 102 to 106 inclusive of this Law;

 (c) Power of attorney, if the application is filed through a representative;

 (d) Documents evidencing the registration right, if such right is acquired by the applicant from another person;

 (dd) Documents evidencing the priority right, if such right is claimed;

 (e) Receipt for payment of fees and charges.

2. Industrial property registration applications and source documents of transactions between an applicant and the State administrative body for industrial property rights shall be made in Vietnamese, except for the following documents which may be made in another language but shall be translated into Vietnamese at the request of the State administrative body for industrial property rights:

 (a) Power of attorney;

 (b) Documents evidencing the registration right;

 (c) Documents evidencing the priority right;

 (d) Other documents supporting the application.

3. Documents evidencing the priority right in an industrial property registration application shall include:

 (a) A copy of the first application(s) certified by the receiving office;

 (b) Deed of assignment of priority right if such right is acquired from another person.

Article 101. Requirements on the uniformity of an application for registration of industrial property

1. Each industrial property registration application shall request the grant of only one protection title for a single industrial property object, except for the cases specified in clauses 2, 3 and 4 of this article.

2. Each registration application may request the grant of one invention patent or one utility solution patent for a group of inventions that are technically linked to form a single common inventive idea.

3. Each registration application may request the grant of one industrial design patent for several industrial designs in the following cases:

 (a) Industrial designs of a set of products consisting of numerous items expressing a single common inventive idea and used together or for a common purpose;

 (b) An industrial design accompanied by one or more variants being variations of such industrial design which express a single common inventive idea and which are not significantly different from such industrial design.

4. Each registration application may request the grant of one certificate of registered mark for one mark to be used for one or more different goods or services.

Article 102. Requirements on applications for registration of inventions

1. Documents identifying an invention registered for protection in an application for invention registration shall include a description of the invention and an abstract of the invention. The invention description shall contain a descriptive section and the scope of protection of the invention.

2. The description of an invention must satisfy the following conditions:

 (a) Fully and clearly disclose the nature of the invention to the extent that such invention may be realized by a person with average knowledge in the art;

 (b) Briefly explain accompanying drawings, if it is required to further clarify the nature of the invention;

 (c) Clarify the novelty, inventive step and susceptibility of industrial application of the invention.

3. The scope of protection of an invention shall be expressed in the form of a combination of technical specifications which are necessary and sufficient to identify the scope of the rights to such invention, compatible with the description of invention and drawings.

4. An abstract of an invention must disclose principal features of the nature of such invention.

Article 103. Requirements on applications for registration of industrial designs

1. Documents identifying an industrial design which needs to be protected in an application for registration of an industrial design shall include a description and a set of photos or drawings of such industrial design. The industrial design description shall consist of a descriptive section and a section on scope of protection of such industrial design.

2. The descriptive section of an industrial design must satisfy the following conditions:

 (a) Fully disclose all features expressing the nature of the industrial design and clearly identify features which are new, different from the least different known industrial design, and consistent with the set of photos or drawings;

 (b) Where the application for registration of the industrial design consists of variants, the descriptive section must fully show these variants and clearly identify distinctions between the principal variant and other variants;

 (c) Where the industrial design stated in the registration application is that of a set of products, the descriptive section must fully show features of each product of the set.

3. The section on scope of protection of an industrial design must clearly define features which need to be protected, including features which are new and different from similar known industrial designs.

4. The set of photos and drawings must fully define the features of the industrial design.

Article 104. Requirements on applications for registration of layout designs

Documents, samples and information identifying a layout design which needs to be registered for protection in an application for registration of a layout design shall include:

1. Drawings and photos of the layout-design.

2. Information on the functions and structure of semi-conducting closed circuits produced under the layout design.

3. Samples of semi-conducting closed circuits produced under the layout design, if such layout design has been commercially exploited.

Article 105. Requirements on applications for registration of marks

1. Documents, samples and information identifying a mark which needs to be registered for protection in an application for registration of a mark shall include:

 (a) A sample of the mark and a list of goods or services bearing the mark;

 (b) Regulations on use of collective marks or regulations on use of certification marks.

2. The sample of the mark must be described in order to clarify elements of the mark and the comprehensive meaning of the mark, if any; where the mark consists of words or phrases of hieroglyphic languages, such words or phrases must be transcribed; where the mark consists of words or phrases in a foreign language, such words or phrases must be translated into Vietnamese.

3. Goods or services listed in an application for registration of a mark must be classified into appropriate groups in accordance with the Classification List under the Nice Agreement on International Classification of Goods and Services for the purpose of mark registration, and published by the State administrative body for industrial property rights.

4. The regulations on use of collective marks shall contain the following principal contents:

 (a) Name, address, grounds of establishment and operation of the collective organization being the owner of the mark;

 (b) Criteria for becoming a member of the collective organization;

 (c) List of organizations and individuals permitted to use the mark;

 (d) Conditions for use of the mark;

 (dd) Measures for dealing with breaches of regulations on use of the mark.

5. The regulations on use of certification marks shall contain the following principal contents:

 (a) The organization or individual being the mark owner;

 (b) Conditions for using the mark;

 (c) Characteristics of goods or services certified by the mark;

 (d) Methods of evaluating characteristics of goods or services and methods of controlling the use

of the mark;

 (dd) Expenses to be paid by the mark user for certification and protection of the mark, if any.

Article 106. Requirements on applications for registration of geographical indications

1. Documents, samples and information identifying a geographical indication which needs to be registered for protection in an application for registration of a geographical indication shall include:

 (a) The name or sign being the geographical indication;

 (b) The product bearing the geographical indication;

 (c) Description of peculiar characteristics and quality, or reputation of the product bearing the geographical indication and particular elements of natural conditions decisive to the peculiar characteristics and quality, or reputation of the product (hereinafter referred to as the description of peculiar characteristics);

 (d) Map of the geographical area bearing the geographical indication;

 (dd) Documents evidencing that the geographical indication is under protection in the country of origin in the case of a foreign geographical origin.

2. The description of peculiar characteristics must contain the following principal contents:

 (a) Description of the relevant product including raw materials, and physical, chemical, microbiological and perceptible properties of the product;

 (b) Method of identification of the geographical area bearing the geographical indication;

 (c) Evidence proving that the product originates from such geographical area within the meaning stipulated in article 79 of this Law;

 (d) Description of local and stable methods of production and processing;

 (dd) Information on relationship between the peculiar characteristics and quality, or reputation of the product and the geographical conditions as stipulated in article 79 of this Law;

 (e) Information on the mechanism of self-control of the peculiar characteristics or quality of the product.

Article 107  Authorized representation in procedures related to industrial property rights

1. Authorization for carrying out procedures related to the establishment, maintenance, extension, amendment, termination and invalidation of protection titles must be made in writing in the form of a power of attorney.

2. A power of attorney must contain the following principal contents:

 (a) Full name and address of the principal and of the attorney;

 (b) Scope of authorization;

 (c) Valid term of authorization;

 (d) Date of making the power of attorney;

 (dd) Signature and seal (if any) of the principal.

3. A power of attorney without any valid term shall be considered valid indefinitely, and validity shall be terminated only when the principal declares termination of validity.

Section 3. PROCEDURES FOR PROCESSING APPLICATIONS FOR REGISTRATION OF INDUSTRIAL PROPERTY AND FOR GRANTING PROTECTION TITLES

Article 108. Receipt of applications for registration of industrial property, and filing dates

1. An application for registration of industrial property shall only be received by the competent State administrative body for industrial property rights if the application consists of at least the following documents and information:

 (a) A declaration for registration of an invention, industrial design, layout design, mark or geographical indication, which includes sufficient information to identify the applicant and in the case of a mark a sample of the mark and a list of goods or services bearing the mark;

 (b) Description, including the scope of protection, in the case of an application for registration of an invention; a set of photos and drawings and a description in the case of an application for registration of an industrial design; and a description of peculiar characteristics of a product bearing a geographical indication, in the case of an application for registration of a geographical indication;

 (c) Receipt for payment of filing fee.

2. The filing date shall be the date on which the application is received by the competent State administrative body for industrial property rights, or the international filing date in the case of an application filed pursuant to an international treaty.

Article 109.  Formal examination of applications for registration of industrial property

1. Applications for registration of industrial property shall be subject to formal examination for evaluation of their validity.

2. An application for registration of industrial property shall be considered invalid in the following cases:

 (a) It does not fulfil the formal requirements;

 (b) The subject matter stated in the application is ineligible for protection;

 (c) The applicant does not have the registration right, including where the registration right belongs to more than one organization or individual but one or more of them do not agree to the filing;

 (d) The application is filed in contravention of regulations on the filing method stipulated in article 89 of this Law;

 (dd) The applicant fails to pay fees and charges.

3. For applications for registration of industrial property falling into a case stipulated in clause 2 of this article, the State administrative body for industrial property rights shall carry out the following procedures:

 (a) Issue a notice of intended refusal to accept the invalid application, clearly stating reasons and setting a time-limit for the applicant to correct errors or to object to such intended refusal;

 (b) Issue a notice of refusal to accept the invalid application if the applicant fails to correct errors, improperly corrects errors or fails to make a justifiable objection to such intended refusal stipulated in sub-clause (a) of this clause;

 (c) Issue a notice of refusal to grant a certificate of registered design of semi-conducting closed circuits in case of a closed circuit registration application;

 (d) Carry out procedures specified in clause 4 of this article if the applicant properly corrects errors or makes a justifiable objection to the intended refusal to accept the invalid application stipulated in sub-clause (a) of this clause.

4. For industrial property registration applications not falling into a case stipulated in clause 2 of this article, or in a case stipulated in sub-clause (d) of clause 3 of this article, the State administrative body for industrial property rights shall issue a notice of acceptance of the valid application or carry out procedures for granting a protection title and recording it in the National Register of Industrial Property as stipulated for in article 118 of this Law, applicable to layout design registration applications.

5. Mark registration applications rejected according to the provisions of clause 3 of this article shall be deemed not to have been filed, except where they serve as grounds for claims for priority right.

Article 110. Publication of applications for registration of industrial property

1. Applications for registration of industrial property which have been accepted as being valid by the State administrative body for industrial property rights shall be published in the Official Gazette of Industrial Property in accordance with the provisions of this article.

2. Applications for registration of inventions shall be published in the 19th month as from the filing date or the priority date, as applicable, or at an earlier time at the request of the applicant.

3. Applications for registration of industrial designs, marks or geographical indications shall be published within two months as from the date such application is accepted as being valid.

4. Applications for registration of layout designs shall be published by mode of permitting direct access at the competent State administrative body for industrial property rights, provided that reproduction shall not be permitted. Access to confidential information in an application shall only be permitted to competent authorities and parties involved in the process of carrying out procedures for invalidating protection titles or the process of carrying out procedures for dealing with infringement of rights. Principal information on an application for registration of a layout design and the protection title for a layout design shall be published within two months as from the date of grant of such protection title.

Article 111. Confidentiality of applications for registration of inventions and industrial designs prior to publication thereof

1. Before applications for registration of inventions and industrial designs are published in the Official Gazette of Industrial Property, the State administrative body for industrial property rights must keep information therein confidential.

2. State employees of the State administrative body for industrial property rights who disclose information in applications for registration of inventions and industrial designs shall be disciplined; if the information disclosed causes loss and damage to applicants, such employees must pay compensation therefor in accordance with law.

Article 112. Third party opinions on the grant of protection titles

As from the date an application for registration of industrial property is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision on grant of a protection title, any third party shall have the right to express an opinion to the competent State administrative body for industrial property rights on the grant or refusal to grant a protection title for such application. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.

Article 113. Request for substantive examination of applications for registration of inventions

1. Within forty two (42) months after the filing date or the priority date, as applicable, an applicant or any third party may request the competent State administrative body for industrial property rights to substantively examine an application [for registration of an invention], provided that the substantive examination fee is paid.

2. The time-limit for making a request for substantive examination of an application for registration of an invention involving a request for a utility solution patent shall be thirty six (36) months from the filing date or the priority date, as applicable.

3. Where no request for substantive examination is filed within the time-limit specified in clauses 1 and 2 of this article, the application for registration of the invention shall be deemed to have been withdrawn at the expiry of such time-limit.

Article 114. Substantive examination of applications for registration of industrial property

1. The following applications for registration of industrial property shall be substantively examined for evaluation of the eligibility for grant of protection titles for subject matter stated in such applications under protection conditions and for determination of the respective scope of protection:

 (a) Applications for registration of inventions which have already been accepted as being valid and involve requests for substantive examination filed according to regulations;

 (b) Applications for registration of industrial designs, marks and geographical indications which have been accepted as being valid.

2. Applications for registration of layout designs shall not be substantively examined.

Article 115. Amendment, supplementation, division and conversion of applications for registration of industrial property

1. An applicant shall have the following rights before the competent State administrative body for industrial property rights notifies a refusal or decides to grant a protection title:

 (a) To amend or supplement the application;

 (b) To divide the application;

 (c) To request the recording of changes in name or address of the applicant;

 (d) To request the recording of change of the applicant as a result of application transfer under a contract, bequest or inheritance, or under a decision of a competent agency;

 (dd) To convert an application for registration of an invention involving a request for an invention patent into an application for registration of an invention involving a request for a utility solution patent, and vice versa.

2. The applicants for completion of the procedures stipulated in clause 1 of this article must pay fees and charges.

3. Any amendment or supplementation of an application for registration of industrial property must not expand the scope of the subject matter already disclosed or stated in such application, and must not change the nature of the subject matter subject to registration stated in the application and must ensure the uniformity of the application.

4. In a case of division of an application, the filing date of the divided application shall be deemed to be the filing date of the original application.

Article 116. Withdrawal of applications for registration of industrial property

1. Before the competent State administrative body for industrial property rights decides or refuses to grant a protection title, the applicant shall have the right to make a written declaration on the withdrawal of the application for registration of industrial property in his or her own name or through an industrial property representation service organization, provided that a power of attorney clearly states authorization for withdrawal of the application.

2. As from the time an applicant declares withdrawal of the application, all further procedures related to such application shall cease; fees and charges already paid in relation to the procedures which have not yet been commenced shall be refunded to the applicant at his or her request.

3. All applications for registration of industrial designs which have been withdrawn or are deemed to have been withdrawn before their publication and all applications for registration of marks which have been withdrawn shall be deemed not to have been filed, except where they serve as grounds for claims for priority right.

Article 117. Refusal to grant protection titles

1. The grant of a protection title as the result of an application for registration of an invention, industrial design, mark or geographical indication shall be refused in the following cases:

 (a) There are grounds to affirm that the subject matter stated in the application does not fully satisfy the conditions for protection;

(b) The application satisfies the conditions for the grant of a protection title but does not have the earliest filing date or priority date as in the case stipulated in clause 1 of article 90 of this Law;

 (c) The application falls into a case stipulated in clause 2 of article 90 of this Law but fails to have the consensus of all applicants.

2. The grant of a protection title for an application for registration of a layout design which does not fulfil the formal requirements stipulated in article 109 of this Law shall be refused.

3. Where an application for registration of industrial property falls into the cases stipulated in clauses 1 and 2 of this article, the competent State administrative body for industrial property rights shall carry out the following procedures:

 (a) Notify an intended refusal to grant a protection title, clearly stating the reasons therefor and setting a time-limit for the applicant to make an objection to such intended refusal;

 (b) Notify the refusal to grant a protection title if the applicant makes no objection or makes unjustifiable objection to such intended refusal stipulated in sub-clause (a) of this clause;

 (c) Grant a protection title and record it in the National Register of Industrial Property according to the provisions of article 118 of this Law if the applicant has made a justifiable objection to the intended refusal stipulated in sub-clause (a) of this clause.

4. Where an objection is made to the intended grant of a protection title, the relevant application for registration of industrial property shall be re-examined with regard to the matters about which the objection is made.

Article 118. Grant of protection titles, entry into the register

Where an application for registration of industrial property does not fall into the cases of refusal to grant protection titles stipulated in clauses 1, 2 and 3(b) of article 117 of this Law and the applicant has paid the fee, the State administrative body for industrial property rights shall decide to grant a protection title and enter it in the National Register of Industrial Property.

Article 119. Time-limit for processing applications for registration of industrial property

1. An application for registration of industrial property shall have its form examined within one month from the filing date.

2. An application for registration of industrial property shall be substantively examined within the following time-limits:

 (a) For an invention, twelve (12) months from the date of its publication if a request for substantive examination is filed before the date of publication of the application, or from the date of receipt of a request for substantive examination if such request is filed after the date of publication of the application;

 (b) For an industrial design, a mark or a geographical indication, six (6) months from the date of publication of the application.

3. The time-limit for re-examination of an application for registration of industrial property shall be equal to two-thirds of the time-limit for the initial examination, and may, in complicated cases, be extended but must not exceed the time-limit for the initial examination.

4. The duration for amendment or supplementation of applications shall not be included in the time- limits specified in clauses 1, 2 and 3 of this article.

Section 4. INTERNATIONAL APPLICATIONS AND PROCESSING OF INTERNATIONAL APPLICATIONS

Article 120. International applications and processing of international applications

1. Applications for registration of industrial property filed pursuant to a treaty of which the Socialist Republic of Vietnam is a member shall be collectively referred to as international applications.

2. International applications and processing thereof shall comply with the relevant treaties.

3. The Government shall guide the implementation of provisions in relevant treaties on international applications, and the order and procedure for processing thereof in compliance with the principles stipulated in this Chapter.

Chapter IX

OWNERS OF INDUSTRIAL PROPERTY RIGHTS, CONTENTS OF INDUSTRIAL PROPERTY RIGHTS, AND LIMITATIONS ON INDUSTRIAL PROPERTY RIGHTS

Section 1. OWNERS OF INDUSTRIAL PROPERTY RIGHTS, CONTENTS OF INDUSTRIAL PROPERTY RIGHTS

Article 121. Owners of industrial property objects

1. The owner of an invention, industrial design or layout design means an organization or individual who is granted a protection title for the respective industrial property object by the competent body.

Owner of a mark means an organization or individual who is granted a protection title for such mark by the competent body or who has an internationally registered mark recognized by the competent body or who has a well known mark.

2. Owner of a trade name means an organization or individual who lawfully uses such trade name in business activities.

3. Owner of a trade secret means an organization or individual who has lawfully acquired such trade secret and kept it secret. A trade secret acquired by an employee or a performer of an assigned task during the performance of the hired job or assigned task shall be owned by the employer or the task assignor, unless otherwise agreed by the parties.

4. The State is the owner of geographical indications of Vietnam.

The State shall grant the right to use geographical indications to organizations or individuals who manufacture products bearing such geographical indications in relevant localities and put such products on the market. The State shall directly exercise the right to manage geographical indications or grant that right to organizations representing the interests of all organizations or individuals granted the right to use geographical indications.

Article 122. Authors of inventions, industrial designs and layout designs and their rights

1. The author of an invention, industrial design or layout design means the person who has personally created such industrial property object. Where two or more persons have jointly created an industrial property object, they shall be co-authors of it.

2. Moral rights of authors of inventions, industrial designs and layout designs shall include the following rights:

 (a) To be named as authors in invention patents, utility solution patents, industrial design patents or certificates of registered design of semi-conducting closed circuits;

 (b) To be acknowledged as authors in documents in which inventions, industrial designs or layout designs are published or introduced.

3. Economic rights of authors of inventions, industrial designs and layout designs are the rights to receive remuneration as stipulated in article 135 of this Law.

Article 123. Rights of owners of industrial property objects

1. Owners of industrial property objects shall have the following economic rights:

 (a) To use or authorize others to use industrial property objects according to the provisions of article 124 and Chapter X of this Law;

 (b) To prevent others from using industrial property objects according to the provisions of article 125 of this Law;

 (c) To dispose of industrial property objects according to the provisions of Chapter X of this Law.

2. Organizations and individuals who are granted by the State the right to use or the right to manage geographical indications according to the provisions of clause 4 of article 121 of this Law shall have the following rights:

 (a) Organizations which are granted the right to manage geographical indications may permit other persons to use such geographical indications according to the provisions of clause 1(a) of this article;

 (b) Organizations and individuals who are granted the right to use or organizations which are granted the right to manage geographical indications may prevent other persons from using such geographical indications according to the provisions of clause 1(b) of this article.

Article 124. Use of industrial property objects

1. Use of an invention means the performance of the following acts:

 (a) Manufacturing the protected product;

 (b) Applying the protected process;

 (c) Exploiting utilities of the protected product or the product manufactured under the protected process;

 (d) Circulating, advertising, offering or stocking for circulation the products stipulated in sub-clause (c) of this clause;

 (dd) Importing the products stipulated in sub-clause (c) of this clause.

2. Use of an industrial design means the performance of the following acts:

 (a) Manufacturing products with an appearance embodying the protected industrial design;

 (b) Circulating, advertising, offering or stocking for circulation products stipulated in sub-clause (c) of this clause;

 (c) Importing products stipulated in sub-clause (c) of this clause.

3. Use of a layout design means the performance of the following acts:

 (a) Reproducing the layout design; manufacturing semi-conducting closed circuits under the protected layout design;

 (b) Selling, leasing, advertising, offering or stocking copies of the protected layout design, semi- conducting closed circuits manufactured under the protected layout design or articles containing such semi-conducting closed circuits;

 (c) Importing copies of the protected layout design, semi-conducting closed circuits manufactured under the protected layout-design or articles containing such semi-conducting closed circuits.

4. Use of a trade secret means the performance of the following acts:

 (a) Applying the trade secret to the manufacture of products, provision of services or trade in goods;

 (b) Selling, advertising for sale, stocking for sale or importing products manufactured with the application of the trade secret.

5. Use of a mark means the performance of the following acts:

 (a) Affixing the protected mark on goods, goods packages, business facilities, means of service provision or transaction documents in business activities;

 (b) Circulating, offering, advertising for sale or stocking for sale goods bearing the protected mark;

 (c) Importing goods or services bearing the protected mark.

6. Use of a trade name means the performance of acts for commercial purposes by using the trade name to name oneself in business activities, or expressing the trade name in or on transaction documents, signboards, products, goods, goods packages and means of service provision or advertisement.

7. Use of a geographical indication means the performance of the following acts:

 (a) Affixing the protected geographical indication in or on goods or goods packages, business facilities, and transaction documents in business activities;

 (b) Circulating, offering, advertising for sale or stocking for sale goods bearing the protected geographical indication;

 (c) Importing goods bearing the protected geographical indication.

Article 125. Right to prevent others from using industrial property objects

1. Owners of industrial property objects as well as organizations and individuals granted the right to use or the right to manage geographical indications shall have the right to prevent others from using such industrial property objects unless such use falls into the cases stipulated in clauses 2 and 3 of this article.

2. Owners of industrial property objects as well as organizations and individuals granted the right to use or the right to manage geographical indications shall not have the right to prevent others from performing the following acts:

 (a) Using inventions, industrial designs or layout designs in service of their personal needs or for non-commercial purposes, or for purposes of evaluation, analysis, research, teaching, testing, trial production or information collection for carrying out procedures of application for licences for production, importation or circulation of products;

 (b) Circulating, importing, exploiting utilities of products which were lawfully put on the market including overseas markets, except for products put on the overseas markets not by the mark owners or their licensees;

 (c) Using inventions, industrial designs or layout designs only for the purpose of maintaining the operation of foreign means of transport in transit or temporarily staying in the territory of Vietnam;

 (d) Using inventions or industrial designs by persons with the prior use right according to the provisions of article 134 of this Law;

 (dd) Using inventions by persons authorized by competent State bodies according to the provisions of articles 145 and 146 of this Law;

 (e) Using layout designs without knowing or having the obligation to know that such layout designs are under protection;

 (g) Using marks identical with or similar to protected geographical indications where such marks have acquired protection in an honest manner before the date of filing the application for registration of such geographical indication;

 (h) Using in an honest manner people's names, descriptive marks of type, quantity, quality, utility, value, geographical origin and other properties of goods or services.

3. Owners of trade secrets shall not have the right to prevent others from performing the following acts:

 (a) Disclosing or using trade secrets acquired without knowing or having the obligation to know that they were unlawfully acquired by others;

 (b) Disclosing secret data in order to protect the public according to the provisions of clause 1 of article 128 of this Law;

 (c) Using secret data stipulated in article 128 of this Law not for commercial purposes;

 (d) Disclosing or using trade secrets obtained independently;

 (dd) Disclosing or using trade secrets obtained by analyzing or evaluating lawfully distributed products, unless otherwise agreed upon by analyzers or evaluators and owners of such trade secrets or sellers of such products.

Article 126. Acts of infringement of rights to inventions, industrial designs and layout designs

The following acts shall be regarded as infringements of rights of owners of inventions, industrial designs and layout designs:

1. Using protected inventions, protected industrial designs or industrial designs insignificantly different from protected industrial designs, or protected layout designs or any original part thereof within the valid term of a protection title without permission from the owners.

2. Using inventions, industrial designs and layout designs without paying compensation according to the provisions on provisional rights in article 131 of this Law.

Article 127. Acts of infringement of the right to trade secrets

1. The following acts shall be deemed infringements of the right to trade secrets:

 (a) Accessing or acquiring information pertaining to a trade secret by taking acts against secrecy- keeping measures applied by lawful controllers of such trade secret;

 (b) Disclosing or using information pertaining to a trade secret without the permission of the owner of such trade secret;

 (c) Breaching secrecy-keeping contracts or deceiving, inducing, buying off, forcing, seducing or abusing the trust of persons in charge of secrecy-keeping in order to access, acquire or disclose a trade secret;

 (d) Accessing or acquiring information pertaining to the trade secret of an applicant for a licence for trading in or circulating products by taking acts against secrecy-keeping measures applied by competent bodies;

 (dd) Using or disclosing trade secrets, while knowing or having the obligation to know that they have been acquired by others engaged in one of the acts stipulated in sub-clauses (a), (b), (c) or (d) of this clause;

 (e) Failing to perform the secrecy-keeping obligation stipulated in article 128 of this Law.

2. Lawful controllers of trade secrets defined in clause 1 of this Article include owners of trade secrets, their lawful licensees and managers of trade secrets.

Article 128. Obligation to maintain secrecy of test data

1. Where the law requires applicants for licences for trading in or circulating pharmaceuticals or agro- chemical products to supply test results or any other data being trade secrets obtained by investment of considerable effort, and where applicants request such data to be kept secret, the competent licensing body shall be obliged to apply necessary measures so that such data is neither used for unfair commercial purposes nor disclosed, except where the disclosure is necessary to protect the public.

2. From the time of submission of secret data in applications to the competent body stipulated in clause 1 of this article to the end of a five year period as from the date the applicant is granted a licence, such body must not grant licences to any subsequent applicants in whose applications the said secret data is used without the consent of submitters of such data, except for the cases stipulated in clause 3(d) of article 125 of this Law.

Article 129. Acts of infringement of rights to marks, trade names and geographical indications

1. The following acts, if performed without the permission of mark owners, shall be deemed to be infringements of the right to a mark:

 (a) Using signs identical with protected marks for goods or services identical with goods or services on the list registered together with such mark;

 (b) Using signs identical with protected marks for goods or services similar or related to those goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;

 (c) Using signs similar to protected marks for goods or services identical with, similar to or related to goods or services on the list registered together with such mark, if such use is likely to cause confusion as to the origin of the goods or services;

 (d) Using signs identical with, or similar to, well known marks, or signs in the form of translations or transcriptions of well known marks for any goods or services, including those not identical with, dissimilar or unrelated to goods or services on the lists of those bearing well known marks, if such use is likely to cause confusion as to the origin of the goods or services or misleading impressions as to the relationship between users of such signs and well known mark owners.

2. All acts of using commercial indications identical with, or similar to, trade names of others which were used earlier for the same or similar type of goods or services, which cause confusion as to business entities, establishments or activities under such trade names shall be deemed to be infringements of the right to the trade name.

3. The following acts shall be deemed to be infringements of the right to protected geographical indications:

 (a) Using protected geographical indications for products which do not satisfy the criteria of peculiar characteristics and quality of products bearing geographical indications, although such products originate from geographical areas bearing such geographical indication;

 (b) Using protected geographical indications for products similar to products bearing geographical indications for the purpose of taking advantage of their reputation and popularity;

(c) Using any sign identical with, or similar to, a protected geographical indication for products not originating from geographical areas bearing such geographical indication, and therefore misleading consumers into believing such products originate from such geographical areas;

 (d) Using protected geographical indications of wines or spirits for wines or spirits not originating from geographical areas bearing such geographical indication, even where the true origin of goods is indicated or geographical indications are used in the form of translations or transcriptions, or accompanied by such words as "category," "model," "type," "imitation" or the like.

Article 130. Acts of unfair competition

1. The following acts shall be deemed to be acts of unfair competition:

 (a) Using commercial indications to cause confusion as to business entities, business activities or commercial origin of goods or services;

 (b) Using commercial indications to cause confusion as to the origin, production method, utilities, quality, quantity or other characteristics of goods or services; or as to the conditions for provision of goods or services;

 (c) Using marks protected in a country which is a contracting party to a treaty of which the Socialist Republic of Vietnam is a member and under which representatives or agents of owners of such marks are prohibited from using such marks, if users are representatives or agents of the mark owners and such use is neither consented to by the mark owners nor justified;

 (d) Registering or possessing the right to use or using domain names identical with, or confusingly similar to, protected trade names or marks of others, or geographical indications without having the right to use, for the purpose of possessing such domain name, benefiting from or prejudicing the reputation and popularity of the respective mark, trade name or geographical indication.

2. Commercial indications stipulated in clause 1 of this article mean signs and information serving as guidelines to trading of goods or services including marks, trade names, business symbols, business slogans, geographical indications, designs of packages and/or labels of goods.

3. Acts of using commercial indications stipulated in clause 1 of this article include acts of affixing such commercial indications on goods, goods packages, means of service provision, business transaction documents or advertising means; and selling, advertising for sale, stocking for sale and importing goods affixed with such commercial indications.

Article 131. Provisional rights to inventions, industrial designs and layout designs

1. Where an applicant for registration of an invention or industrial design knows that such invention or industrial design is being used by another person for commercial purposes without prior use right, the applicant may notify in writing the user of the filing of the latter's application, clearly specifying the filing date and the date of publication of the application in the Official Gazette of Industrial Property so that the user may either terminate or continue such use.

2. For a layout design which has, before the grant date of the certificate of registered design of semi- conducting closed circuits, been commercially exploited by the person with the registration right or his or her licensee, if such person knows that such layout design is being used by another person for commercial purposes, then he or she may notify in writing the user of his or her registration right so that the user may either terminate or continue such use.

3. Where the person notified of contents stipulated in clauses 1 and 2 of this article continues using such invention, industrial design or layout design, then as soon as an invention patent, utility solution patent, industrial design patent or certificate of registered design of semi-conducting closed circuits is granted, the owner of the object shall have the right to request the user to pay compensation equivalent to the price for licensing of such invention, industrial design or layout design within the corresponding scope and duration of use.

Section 2. LIMITATIONS ON INDUSTRIAL PROPERTY RIGHTS

Article 132. Factors limiting industrial property rights

Industrial property rights may be limited pursuant to this Law by the following factors:

1. Right of prior users to inventions or industrial designs.

2. Obligations of owners, including:

 (a) To pay remuneration to the authors of inventions, industrial designs or layout designs;

 (b) To use inventions or marks.

3. Licensing of inventions pursuant to decisions of competent State bodies.

Article 133. Right to use inventions on behalf of the State

1. Ministries and ministerial equivalent bodies shall have the right, on behalf of the State, to use or permit other organizations or individuals to use inventions in domains under their respective management for public and non-commercial purposes, national defence and security, disease prevention, and treatment and nutrition of the people, and to meet other urgent social needs without having to obtain permission of invention owners or their licensees under exclusive contracts (hereinafter referred to as holders of the exclusive right to use inventions) in accordance with articles 145 and 146 of this Law.

2. The use of inventions pursuant to clause 1 of this article shall be limited within the scope of and under the conditions for licensing provided for in clause 1 of article 146 of this Law, except where such inventions are created by using material and technical facilities and funds from the State Budget.

Article 134. Right of prior use of inventions and industrial designs

1. Where a person has, before the publication date of an application for registration of an invention or industrial design, used or prepared necessary conditions for use of an invention or industrial design identical with the protected invention or industrial design stated in such application for registration, but created independently (hereinafter referred to as the prior use right holder), then after a protection title is granted, such person shall be entitled to continue using such invention or industrial design within the scope and volume of use or use preparations without having to obtain permission or paying compensation to the owner of the protected invention or industrial design. The exercise of the right of prior users of inventions or industrial designs shall not be deemed an infringement of the right of the owner of the invention or industrial design.

2. Prior use right holders to inventions or industrial designs must not assign such right to others, except where such right is assigned together with the transfer of a business or production establishment which has used or has prepared to use the invention or industrial design. Prior use right holders must not expand the use scope and volume unless it is so permitted by the owner of the invention or industrial design.

Article 135. Obligation to pay remuneration to authors of inventions, industrial designs and layout designs

1. Owners of inventions, industrial designs and layout designs shall be obliged to pay remuneration to the authors of such inventions, industrial designs and layout designs in accordance with the provisions of clauses 2 and 3 of this article, unless otherwise agreed upon by the parties.

2. The minimum level of remuneration payable by an owner to an author shall be regulated as follows:

 (a) Ten (10) per cent of the profit gained by the owner from the use of the invention, industrial design or layout design;

 (b) Fifteen (15) per cent of the total amount received by the owner in each payment for licensing of the invention, industrial design or layout design.

3. Where an invention, industrial design or layout design is jointly created by more than one author, the remuneration level provided for in clause 2 of this article shall be applicable to all co-authors. The co- authors shall agree between themselves on the division of the remuneration paid by the owner.

4. The obligation to pay remuneration to authors of inventions, industrial designs and layout designs shall exist throughout the term of protection of such invention, industrial design or layout design.

Article 136. Obligation to use inventions and marks

1. Owners of inventions shall be obliged to manufacture protected products or apply protected processes to satisfy the requirements of national defence and security, disease prevention, and treatment and nutrition of the people or to meet other social urgent needs. When the needs stipulated in this clause arise but an invention owner fails to perform such obligation, the competent State body may license such invention to others without permission from the invention owner in accordance with the provisions of articles 145 and 146 of this Law.

2. Owners of marks shall be obliged to use such marks continuously. Where a mark has not been used for five consecutive years or more, the ownership right to such mark shall be invalidated in accordance with the provisions of article 95 of this Law.

Article 137. Obligation to authorize the use of principal inventions for the purpose of using dependent inventions

1. A dependent invention means an invention created based on another invention (hereinafter referred to as the principal invention) and may only be used on condition that the principal invention is also used.

2. Where the owner of a dependent invention can prove that his or her invention makes an important technical advance as compared with the principal invention and has great economic significance, he or she may request the owner of the principal invention to license such principal invention at a reasonably commercial price and conditions.

Where the owner of a principal invention fails to satisfy the request of the owner of a dependent invention without justifiable reason, the State body concerned may license such invention to the owner of the dependent invention without permission from the owner of the principal invention in accordance with the provisions of articles 145 and 146 of this Law.

Chapter X

TRANSFER OF INDUSTRIAL PROPERTY RIGHTS

Section 1. ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS

Article 138. General provisions on assignment of industrial property rights

1. Assignment of an industrial property right means the transfer of ownership right by the owner of such industrial property right to another organization or individual.

2. An assignment of an industrial property right must be established in the form of a written contract (hereinafter referred to as an industrial property right assignment contract).

Article 139.  Restrictions on assignment of industrial property rights

1. Industrial property right owners may only assign their rights within the scope of protection.

2. Rights to geographical indications shall not be assignable.

3. Rights to trade names may only be assigned together with the transfer of the entire business establishment and business activities under such trade name.

4. The assignment of the rights to marks must not cause confusion as to properties or origins of goods or services bearing such marks.

5. Rights to marks may only be assigned to organizations or individuals who satisfy conditions for persons having the right to register such marks.

Article 140. Contents of industrial property right assignment contracts

An industrial property right assignment contract must contain the following principal contents:

1. Full names and addresses of the assignor and of the assignee.

2. Grounds for the assignment.

3. Assignment price.

4. Rights and obligations of the assignor and the assignee.

Section 2. LICENSING OF INDUSTRIAL PROPERTY RIGHTS

Article 141. General provisions on licensing of industrial property rights

1. Licensing of an industrial property object means permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of the owner's right.

2. Licensing of industrial property objects must be established in the form of a written contract (hereinafter referred to as industrial property object licence contract).

Article 142. Restrictions on licensing of industrial property objects

1. The right to use geographical indications or trade names shall not be licensable.

2. The right to use collective marks must not be licensed to organizations or individuals other than members of the owners of such collective marks.

3. The licensee must not enter into a sub-licence contract with a third party, unless it is so permitted by the licensor.

4. Mark licensees shall be obliged to indicate on goods and goods packages that such goods have been manufactured under mark licence contracts.

5. Invention licensees under exclusive contracts shall be obliged to use such inventions in the same manner as the invention owners according to the provisions of clause 1 of article 136 of this Law.

Article 143. Types of industrial property object licence contracts

Industrial property object licence contracts shall be of the following types:

1. Exclusive contract means a contract under which, within the licensing scope and term, the licensee shall have the exclusive right to use the licensed industrial property object while the licensor may neither enter into any industrial property object licence contract with any third party nor, without permission from the licensee, use such industrial property object.

2. Non-exclusive contract means a contract under which, within the licensing scope and term, the licensor shall still have the right to use the industrial property object and to enter into a non-exclusive industrial property object licence contract with others.

3. Industrial property object sub-licence contract means a contract under which the licensor is a licensee of the right to use such industrial property object pursuant to another contract.

Article 144. Contents of industrial property object licence contracts

1. An industrial property object licence contract must contain the following principal contents:

 (a) Full names and addresses of the licensor and of the licensee;

 (b) Grounds for licensing;

 (c) Contract type;

 (d) Licensing scope including limitations on use right and territorial limitations;

 (dd) Contract term;

 (e) Licensing price;

 (g) Rights and obligations of the licensor and of the licensee.

2. An industrial property object licence contract must not have provisions which unreasonably restrict the right of the licensee, and in particular the following provisions which do not derive from the rights

of the licensor:

 (a) Prohibiting the licensee from improving the industrial property object other than marks; compelling the licensee to transfer free of charge to the licensor improvements of the industrial property object made by the licensee or the right of industrial property registration or industrial property rights to such improvements;

 (b) Directly or indirectly restricting the licensee from exporting goods produced or services provided under the industrial property object licence contract to the territories where the licensor neither holds the respective industrial property right nor has the exclusive right to import such goods;

 (c) Compelling the licensee to buy all or a certain percentage of raw materials, components or equipment from the licensor or a third party designated by the licensor not for the purpose of ensuring the quality of goods produced or services provided by the licensee;

 (d) Prohibiting the licensee from complaining about or initiating lawsuits with regard to the validity of the industrial property rights or the licensor's right to license.

3. Any clauses in a contract falling into the cases stipulated in clause 2 of this article shall be automatically invalid.

Section 3. COMPULSORY LICENSING OF INVENTIONS

Article 145. Grounds for compulsory licensing of inventions

1. In the following cases, the right to use an invention may be licensed to another organization or individual pursuant to a decision of the competent State body defined in clause 1 of article 147 of this Law without permission from the holder of the exclusive right to use such invention:

 (a) Where the use of such invention is for public and non-commercial purposes or in service of national defence and security, disease prevention, and treatment and nutrition of people or other urgent needs of society;

 (b) Where the holder of the exclusive right to use such invention fails to fulfil the obligations to use such invention stipulated in clause 1 of article 136 and clause 5 of article 142 of this Law upon the expiration of four years as from the date of filing the application for registration of the invention, or the expiration of three years as from the date of granting the invention patent;

 (c) Where a person who wishes to use the invention fails to reach an agreement with the holder of the exclusive right to use such invention or on entry into an invention licence contract in spite of efforts made within a reasonable time for negotiating a satisfactory commercial price and conditions;

 (d) Where the holder of the exclusive right to use such invention is deemed to have performed anti-competitive practices prohibited by the law on competition.

2. The holder of the exclusive right to use an invention may request termination of the use right when the grounds for licensing stipulated in clause 1 of this article no longer exist and are unlikely to recur, provided that such termination shall not be prejudicial to the licensee of the invention.

Article 146. Conditions limiting the right to use inventions compulsorily licensed pursuant to a decision

1. The right to use an invention licensed pursuant to a decision of a competent State body must comply with the following conditions:

 (a) Such licensed use right is non-exclusive;

 (b) Such licensed use right is only limited to a scope and duration sufficient to achieve the licensing objectives, and largely for the domestic market, except for the case stipulated in clause 1(d) of article 145 of this Law. For an invention in semi-conducting technology, licensing shall be only for public and non-commercial purposes or for dealing with anti-competitive practices prohibited by the law on competition;

 (c) The licensee must neither assign nor sub-license such right to others, except where the assignment is effected together with the transfer of the licensee's establishment;

 (d) The licensee must pay the holder of the exclusive right to use the invention satisfactory compensation depending on the economic value of such use right in each specific case, and compliant with the compensation framework stipulated by the Government.

2. Apart from the conditions stipulated in clause 1 of this article, the right to use an invention licensed in any of the cases stipulated in clause 2 of article 137 of this Law must also satisfy the following conditions:

 (a) The holder of the exclusive right to use the principal invention shall also be licensed to use dependent inventions on reasonable terms;

 (b) The licensee of the right to use the principal invention must not assign such right, except where the assignment is effected together with all rights to the dependent inventions.

Article 147. Authority and procedures for compulsorily licensing of an invention pursuant to a decision

1. The Ministry of Science and Technology shall issue decisions on licensing of inventions based on a consideration of requests for licensing in the cases stipulated in sub-clauses (b), (c) and (d) of article 145.1 of this Law.

Ministries and ministerial equivalent bodies shall, after consulting the opinion of the Ministry of Science and Technology, issue decisions on licensing of inventions in domains under their respective management in the case stipulated in sub-clause (a) of article 145.1 of this Law.

2. Decisions on licensing of inventions must set out appropriate use scope and conditions according to the provisions of article 146 of this Law.

3. The State body competent to decide on licensing of an invention must promptly notify its decision to the holder of the exclusive right to use such invention.

4. A decision on licensing of an invention or on refusal to license an invention may be subject to a complaint or lawsuit in accordance with law.

5. The Government shall provide specific regulations on licensing of inventions pursuant to this article.

Section 4. REGISTRATION OF CONTRACTS FOR TRANSFER OF INDUSTRIAL PROPERTY RIGHTS

Article 148. Validity of contracts for transfer of industrial property rights

1. For the industrial property rights established on the basis of registration according to the provisions of clause 3(a) of article 6 of this Law, an industrial property right assignment contract shall be valid upon its registration with the State administrative body for industrial property rights.

2. For the industrial property rights established on the basis of registration according to the provisions of clause 3(a) of article 6 of this Law, an industrial property object licence contract shall be valid as agreed upon by the parties involved but shall be legally effective as against a third party upon registration with the State administrative body for industrial property rights.

3. Validity of an industrial property object licence contract shall be automatically terminated upon the termination of the licensor's industrial property rights.

Article 149. Application file for registration of a contract for transfer of industrial property rights

An application file for registration of an industrial property object licence contract or of an industrial property right assignment contract shall contain:

1. A declaration for registration, made according to the sample form.

2. The original or a valid copy of the contract.

3. The original of the protection title in the case of an industrial property right assignment.

4. The co-owners' written consent, or a written explanation of the reason for disagreement of any co- owner with the right assignment where the industrial property right is under joint ownership.

5. Receipt for payment of fees and charges.

6. A power of attorney, if the application file is filed by a representative.

Article 150. Processing application files for registration of contracts for transfer of industrial property rights

The Government shall provide regulations on the order and procedures for receiving and processing application files for registration of industrial property object licence contracts and of industrial property right assignment contracts.

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.

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