Regulation on consultancy activities in resolving appeals related to establishment of IP rights

The National Office of Intellectual Property (NOIP) has just issued Decision No. 362/QD-SHTT dated 12/02/2020 promulgating the Regulation on consultancy activities in resolving appeals related to establishment of industrial property rights. The Decision takes effect on the same day.

The Regulation regulates consultancy activities in the process of settling complaints related to the establishment of industrial property rights according to the provisions of Point 22, Circular No. 16/2016 / TT-BKHCN of the Ministry of Science and Technology and other cases within the jurisdiction of the NOIP.

This Regulation applies to all relevant units and individuals under the NOIP; the Advisory Council established by the Director of the NOIP and independent consultants who are requested to provide advice in the process of resolving appeals relating to IP.

Members of the Advisory Council include independent consultants or other individuals with appropriate professional qualifications.

Independent consultants are those who have appropriate professional qualifications, selected from the List of IP advisers approved by the Director of the NOIP and from other sources in case relevant qualified expert(s) is/are not available in that list.

The scope of consultation includes legal issues, technical issues and settlement options related to:
1. The right to file an application for registration/establishment of industrial property rights;
2. Regisability/patentability of industrial property objects;
3. Scope of protection of industrial property rights;
4. Ways of determining dishonest acts, bad-faith filing, unfair competition related to industrial property rights;
5. Evaluating the nature and extent of conformity of the arguments/evidence provided by the complainant;
6. Other contents as decided by the Director of the NOIP.