Chương 7 Nghị định 103/2006/NĐ-CP hướng dẫn luật sở hữu trí tuệ về sở hữu công nghiệp: Điều khoản thi hành

Chapter VII

IMPLEMENTATION PROVISIONS

Article 36.- Transitional provisions

1. Industrial property registration applications filed with the National Office of Intellectual Property before January 1, 2006, continue to be processed in accordance with the provisions of the 1995 Civil Code and its guiding documents.

2. Industrial property registration applications filed with the National Office of Intellectual Property in the period from January 1, 2006, to July 1, 2006, are also processed in accordance with the provision of the 1995 Civil Code and its guiding documents, and of which:

a/ An invention registration application may be used to request the grant of a utility solution patent, and in this case that application is processed like a utility solution registration application;

b/ Geographical indication registration applications are processed like applications for registration of appellations of origin of goods.

3. From January 1, 2006, to June 30, 2006, the rights and obligations provided for in protection titles granted under the 1995 Civil Code and the 2005 Civil Code are effective under the 2005 Civil Code and the provisions of the documents guiding the implementation of the 1995 Civil Code which are not contrary to those of the 2005 Civil Code.

4. Within one year after this Decree takes effect, organizations and individuals lawfully providing industrial property representation services under the 1995 Civil Code and its guiding documents may continue operating like those satisfying the business conditions and practice conditions specified in Articles 154 and 155 of the Law on Intellectual Property.

Article 37.- Effect of the Decree

This Decree takes effect 15 days after its publication in “CONG BAO.”

All previous provisions which are contrary to this Decree are hereby annulled.

Article 38.- Responsibilities to guide the implementation

1. The Science and Technology Minister shall guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies and government-attached agencies and presidents of provincial/municipal People’s Committees shall implement this Decree.