Chương V Thông tư 23/2023/TT-BKHCN hướng dẫn luật sở hữu trí tuệ và nghị định 65/2023/NĐ-CP hướng dẫn luật sở hữu trí tuệ về sở hữu công nghiệp, bảo vệ quyền sở hữu công nghiệp, quyền đối với giống cây trồng và quản lý nhà nước về sở hữu trí tuệ : Bảo đảm thông tin sở hữu công nghiệp

Chapter V

ASSURANCE OF INDUSTRIAL PROPERTY INFORMATION

Article 42. Development and management of national databases on industrial property

1. The Intellectual Property Office of Vietnam shall develop and manage industrial property information databases and develop tools to classify, look up, guide the lookup, and use the domestic and foreign industrial property information; organize the supply of information adequately, promptly, and accurately to ensure the access to information databases for any entity that wishes to use such information for the establishment and protection of industrial property rights, research, development, and business; manage and carry out the sharing, connection, utilization, international cooperation, and other operations concerning national databases on industrial property.

2. National databases on industrial property include bibliographic information and full-text information (if any), gathered selectively, systematically, and in conformity with lookup purposes related to:

a) Disclosed industrial property registration applications;

b) Issued protection titles and industrial property rights recognized for protection in Vietnam.

Article 43. Access to and utilization of information from national databases on industrial property

Any organization or individual may access and utilize information from national databases on industrial property in the two following forms:

1. Looking up and searching for information among databases publicly placed at information lookup facilities for public access or disclosed on the internet by the Intellectual Property Office of Vietnam.

2. Using services of information and documentation lookup and provision of the Intellectual Property Office of Vietnam, providing that it pays relevant fees as per regulation.

Article 44. Information lookup and documentation provision services

The Intellectual Property Office of Vietnam shall implement information lookup and documentation provision services for organizations and individuals in need according to Clause 2 Article 43 of this Circular.

Article 45. Assurance of local industrial property information

1. Local industrial property authorities may, based on their conditions and capacity, establish and manage industrial property databases to ensure industrial property information for local research, application, development of manufacturing and business, and industrial property right protection.

2. Industrial property authorities in provinces and centrally affiliated cities shall and may carry out operations to ensure industrial property information according to the regulations of this Circular.

3. The Intellectual Property Office of Vietnam shall make periodic statistical reports on information from national databases on industrial property for the industrial property state management of provinces and centrally affiliated cities (at least once every 6 months).

Article 46. Issuance of copies of documentation and first application confirmation for priority rights

1. Any relevant organization or individual has the right to request the Intellectual Property Office of Vietnam to issue copies of documentation issued by the Intellectual Property Office of Vietnam or copies of original logbooks established by the Intellectual Property Office of Vietnam or copies of documentation established by such an organization or individual, submitted to the Intellectual Property Office of Vietnam during the industrial property right establishment. The person requesting the issuance of copies shall pay the documentation copy fees.

2. The applicant has the right to request the Intellectual Property Office of Vietnam to confirm the copies of the first application used for priority rights (even when the applicant is rejected from valid application acceptance or has withdrawn the application), providing that the applicant pays the documentation copy fees.

3. The Intellectual Property Office of Vietnam shall implement services of copy provision and first application confirmation for organizations and individuals in need according to Clause 2 of this Article.