Chương 5 Nghị định 103/2006/NĐ-CP hướng dẫn luật sở hữu trí tuệ về sở hữu công nghiệp: Đại diện sở hữu công nghiệp

Chapter V

INDUSTRIAL PROPERTY REPRESENTATION

Article 27.- Programs on industrial property law training

1. The Science and Technology Ministry assumes the prime responsibility for, and coordinates with the Education and Training Ministry and the Justice Ministry in, specifying programs on industrial property law training mentioned in Clause 3, Article 155 of the Law on Intellectual Property.

2. Individuals are considered having graduated from a training course on industrial property law specified at Point d, Clause 2, Article 155 of the Law on Intellectual Property Law in the following cases:

a/ They are authors of university graduation theses or postgraduate theses on industrial property;

b/ They have graduated from training courses on industrial property accredited by the Science and Technology Ministry.

Article 28.- Examination of industrial property representation profession

1. The examination of industrial property representation profession shall be conducted to assess the capability to apply industrial property law to solving specific matters related to the establishment and protection of industrial property rights.

2. Contents of examination of industrial property representation profession include the skills of application of industrial property law to handling circumstances related to the protection of industrial property objects.

3. The Science and Technology Ministry guides and organizes the examination of industrial property representation profession.

Article 29.- Grant and withdrawal of industrial property representation service practice certificates

1. Industrial property representation service practice certificates are granted to individuals who satisfy the conditions specified in Clause 2, Article 155 of the Law on Intellectual Property at their requests after they pay fees and charges set by law.

2. An industrial property representation service practice certificate is withdrawn in the following cases:

a/ The grantee of the industrial property representation service practice certificate has quitted the job of industrial property representation;

b/ The grantee of the industrial property representation service practice certificate no longer satisfies the conditions specified in Clause 2, Article 155 of the Law on Intellectual Property;

c/ The grantee of the industrial property representation service practice certificate seriously violates the provisions of Clause 3, Article 152 and Article 153 of the Law on Intellectual Property;

d/ The grantee of the industrial property representation service practice certificate makes a serious professional mistake or commits a serious violation while practicing industrial property representation, causing damage to interests of the State and society;

e/ The grantee of the industrial property representation service practice certificate takes advantage of his/her capacity as an industrial property representative to conduct activities beyond the scope of industrial property representation service specified in Clause 1, Article 151 of the Law on Intellectual Property.

3. The Science and Technology Ministry grants and withdraws industrial property representation service practice certificates.

4. Organizations which fully satisfy the conditions specified in Article 154 of the Law on Intellectual Property are recorded as industrial property representation service organizations in the national register of industrial property representatives and published in the Industrial Property Official Gazette at their request and after they pay the set fees and charges.

5. An industrial property representation service organization has its name deleted from the national register of industrial property representatives and such deletion is published in the Industrial Property Official Gazette in the following cases:

a/ It no longer provides industrial property representation services;

b/ It no longer fully satisfies the conditions specified in Article 154 of the Law on Intellectual Property Law;

c/ It seriously violates the provisions of Clause 3, Article 152 and Article 153 of the Law on Intellectual Property;

d/ It makes a serious professional mistake or commits a serious violation while providing industrial property representation services, causing damage to interests of the State and society;

e/ It takes advantage of its capacity as an industrial property representative to conduct activities beyond the scope of industrial property representation service specified in Clause 1, Article 151 of the Law on Intellectual Property.

6. In the cases of certificate withdrawal or name deletion specified at Points c, d and e, Clause 2 or Points c, d and e, Clause 5 of this Article, requests for re-grant of industrial property representation service practice certificates or renewal of recordings of industrial property representation service organizations in the national register of industrial property representatives are considered three years after the withdrawal of certificates or deletion of names.