The Procedure for resolving intellectual property complaint

1. The entities has the right to complain about Intellectual Property

The person with the right to complain is the applicant and all organizations and individuals with rights and interests directly related to the decision or notice related to resolving industrial property registration applications issued by the state management agency. The promulgating country of industrial property has the right to complain to the state management agency in charge of industrial property or initiate a lawsuit in court under the provisions of the Intellectual Property Law and other relevant laws.

The complainant must ensure honesty in providing evidence and must be responsible for the consequences of providing untruthful evidence.

2. Procedure for resolving complaint by the National Office of Intellectual Property of Vietnam

Pursuant to Circular No. 16/2016/TT-BKHCN mentioned above, the National Office of Intellectual Property of Vietnam is the agency competent to resolve complaints about intellectual property cases, steps to resolve such complaints:

• Step 01: Receive the file of the complainant. Complaints can be filed in person or by post at the addresses of the National Office of Intellectual Property of Vietnam.

• Step 02: Accept the application or not accept the complaint of the complainant. The place where the file is submitted will check the following aspects: form and content of the complaint (base of complaint, complainant ...) and notify the complainant in writing to the complainant is to accept or not to accept the complaint (if not accepted, the reason must be clearly stated).

• Step 03: Conduct complaint settlement in accordance with the law.

3. Contents of an Intellectual Property Complaint

• Full name and address of the complainant.

• Number, signing date, content of the complained notice or decision.

• Complaint content, arguments and evidence to prove the complaint.

• Specific proposal for correction or cancellation of the relevant notice or decision.

4. Time limit for resolving complaints by the Vietnam Intellectual Property Office

• From the date of receiving the file of the subject with the right to initiate a lawsuit, the receiving agency shall verify and issue a decision to notify the acceptance or not to accept the dossier within 10 days. From the date of receipt of the notice of non-acceptance, the subjects with directly related rights and interests shall give opinions within 30 days.

• For the first-time complaint settlement, from the date of acceptance, the complaint-settling agency shall be within 30 days (if it is complicated, the time limit will not exceed 45 days).

• For the second-time complaint settlement, from the date of acceptance, the complaint-settling agency shall within 45 days (if it is complicated, the time limit will not exceed 60 days).

Subjects can file complaints to ensure their rights related to the registration of intellectual property rights. Procedures for complaints and settlement of intellectual property complaints are specifically prescribed by law as above, in order to ensure the thorough settlement and protect the legitimate interests of organizations and individuals in accordance with the law.