- Pursuant to the Intellectual Property Law No.50/2005/QH11 dated November 29, 2005 of the National Assembly, coming into force from July 1, 2006 and being amended by
- The Law No.36/2009/QH12 dated June 19, 2009 of the National Assembly on amending a number of articles of the Law on Intellectual Property taking into effect from January 1, 2010.
Regulations on conditions for industrial property representation service business:
Article 3. Object matter of intellectual property rights
- Objects of copyright including literary, artistic and scientific works; objects of copyright-related rights including performances, audio and video recordings, broadcasts and encrypted program-carrying satellite signals.
- Objects of industrial property rights comprising inventions, discoveries, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.
- Objects of plant variety rights consisting of propagating materials and harvested materials.
Article 57. Copyright and related right consultancy service organization
- Copyright and related right consultancy service organization is established and runs its business in accordance with laws.
- Copyright and related right consultancy service organization may perform the following activities requested by authors, copyright holders and related right holders:
- a) Provide consulting services on issues related to the law on copyright and related rights;
- b) Act on behalf of copyright holders and related right holders to carry out the application for the registration of copyright and related rights according to what they are duly authorized;
- c) Participate in other legal relationships on copyright, related rights and protection of legitimate rights and interests held by authors, copyright holders and related right holders according to what they are duly authorized.
Article 154. Conditions for industrial property representation service business
Organizations that satisfy the following conditions may provide industrial property representation services as industrial property representation service organizations:
- Being law-practicing businesses, cooperatives or organizations, or scientific and technological service organizations lawfully established and operating, except foreign law-practicing organizations operating in Vietnam;
- Having the function of providing industrial property representation services, which is stated in their business registration certificates or operation registration certificates (below collectively referred to as business registration certificates);
- Their heads or persons authorized by their heads must satisfy the conditions for industrial property representation service practice, specified in Clause 1, Article 155 of this Law.
Article 155. Conditions of industrial property representation service practices
- An individual who satisfies the following conditions shall be permitted to practice industrial property representation service:
- a) Having a practice certificate of industrial property representation service;
- b) Working for one industrial property representation service organization.
- Any individual who satisfies the following conditions shall be granted a practice certificate of industrial property representation service:
- a) Being a Vietnamese citizen with full capacity for civil acts;
- b) Residing permanently in Vietnam;
- c) Having a university degree;
- d) Having been engaged personally in the domain of industrial property law for five consecutive years or more, or in the examination of assorted industrial property registration applications at national or international industrial property offices for five consecutive years or more, or having graduated from a training course on industrial property law recognized by the competent body;
- dd) Not being a civil servant working in the competent agency that has authority to establish and ensure the enforcement of industrial property rights;
- e) Having passed an examination on the industrial property representation profession organized by the competent agency.
- The Government shall specifically provide for detailed programs on training in industrial property law and on examination for the industrial property representation profession, and on the grant of a practice certificate of industrial property representation service.