Circular No. 08/2006/TT-BKHCN dated April 04, 2008 of the Ministry of Science and Technology guiding intellectual property services

CIRCULAR

GUIDING INTELLECTUAL PROPERTY SERVICES

Pursuant to the Government's Decree No. 54/2003/ ND-CP of May 19, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/ND-CP of January 16, 2004, amending and supplementing a number of articles of Decree No. 54/2003/ND-CP;

Pursuant to the Government's Decree No. 81/2002/ ND-CP of October 17, 2002, detailing the implementation of a number of articles of Science and Technology Law No. 21/2000/QH10, which was passed by the National Assembly on June 9, 2000;

The Ministry of Science and Technology hereby guides the identification of intellectual property services as follows:

I. GENERAL PROVISIONS

1. Scope of regulation

This Circular guides intellectual property-related activities belonging to scientific and technological services specified in Clause 8, Article 2 of June 9,2000 Science and Technology Law No. 21/2000/QH10 and the Government's Decree No. 81/2002/ND-CP of October 17, 2002, detailing the implementation of a number of articles of Science and Technology Law No. 21/2000/QH10, which are carried out at the stages of registration preparation and registration of intellectual property rights at competent state agencies; the maintenance and protection of intellectual property rights which are categorized as scientific and technological services according to the provisions of law.

2. Subjects of application

This Circular applies to Vietnamese and foreign organizations and individuals that provide and use intellectual property services within Vietnamese territory according to current provisions of law as well as all concerned agencies, organizations and individuals.

II. INTELLECTUAL PROPERTY SERVICES CATEGORIZED AS SCIENTIFIC AND TECHNOLOGICAL SERVICES

Intellectual property services defined at Point 1, Section I of this Circular include:

1. Registration preparation and registration of intellectual property rights

a/ Supply of information on the status of inventions, industrial designs, layout-designs of semiconductor integrated circuits, marks and other objects which are eligible for protection of intellectual property rights in Vietnam and in the world.

b/ Supply of information on the protection of inventions, industrial designs, layout-designs of semiconductor integrated circuits, marks and other objects which are eligible for protection of intellectual property rights in Vietnam and in the world.

c/ Writing of descriptions of inventions, industrial designs, layout-designs of  semiconductor integrated circuits, marks and other subject matters of intellectual property rights.

d/ Making of dossiers and carrying out of procedures for the registration of inventions, industrial designs, layout-designs of semiconductor integrated circuits, marks and other subject matters of intellectual property rights.

2. Maintenance and exercise of intellectual property rights

a/ Carrying out of procedures for the maintenance of the validity of invention protection titles, industrial designs, layout-designs of semiconductor integrated circuits, marks and other subject matters of intellectual property rights according to regulations.

b/ Carrying out of procedures for the transfer of ownership rights and rights to use inventions, industrial designs, layout-designs of semiconductor integrated circuits, marks and other subject matters of intellectual property rights.

c/ Preparation and registration of contracts on the transfer of ownership rights and licensing of inventions, industrial designs, layout-designs of semiconductor integrated circuits, marks and other subject matters of intellectual property rights.

III. ORGANIZATION OF IMPLEMENTATION

1. State management agencies shall, within the scope of their powers, base themselves on the guidance about intellectual property services in this Circular to identify the interests and obligations of organizations and individuals that are engaged in intellectual property services according to the provisions of law.

2. This Circular takes effect 15 days after its publication in "CONG BAO."

3. Agencies, organizations and individuals should promptly report any problems arising in the course of implementation to the Ministry of Science and Technology for study, amendment or supplementation.