Decree No. 06/2001/ND-CP dated February 01, 2001 of the Government amending and supplementing a number of articles of the Governments Decree No. 63/CP dated October 24, 1996 specifying the industrial property

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENTS DECREE No. 63/CP OF OCTOBER 24, 1996 SPECIFYING THE INDUSTRIAL PROPERTY

THE GOVERNMENT

Pursuant to the September 30, 1992 Law on Organization of the Government;

Pursuant to the October 28, 1995 Civil Code and the Resolution on the implementation of the Civil Code, adopted by the IXth National Assembly at its 8th session;

Pursuant to December 2, 1998 Law No. 09/1998/QH10 on Complaints and Denunciations;

In order to contribute to enhancing the full and effective protection of industrial property rights over inventions, utility solutions, industrial designs, trademarks and goods origin appellations;

At the proposal of the Minister of Science, Technology and Environment,

DECREES:

Article 1.-To amend and supplement a number of articles of the Governments Decree No. 63/CP specifying the industrial property (hereinafter called Decree No. 63/CP) as follows:

1. Article 1 of Decree No. 63/CP is amended as follows:

"Article 1.- Purpose and scope of regulation

This Decree specifies the industrial property in order to guide the implementation of the provisionson industrial property rights in Chapter II and the provisions on the transfer of industrial property rights in Chapter III, Part Six of the Civil Code, which was adopted on October 28, 1995 by the National Assembly of the Socialist Republic of Vietnam.

The provisions of this Decree shall apply only to inventions, utility solutions, industrial designs, trademarks, goods origin appellations but not to other industrial property objects."

2. Article 2 of Decree No. 63/CP is added with the following Clause 8A and Clause 8B : :

"8A. "Joint marks" are similar trademarks registered by the same subject for use with products or services being of the same or similar kinds, or inter-related, and identical trademarks registered by the same subject for use with products or services being of similar kinds or inter-related.

8B. "Well-known marks" are trademarks that are used continuously for prestigious products or services so that they become widely known."

3. Clause 4, Article 4 of Decree No. 63/CP is amended at the last paragraph and added with one paragraph at its end as follows:

"- Methods of prevention, diagnosis and treatment of human and/or animal diseases;

- Processes of biological nature (except micro-organic process) for production of plants and animals."

4. Point f, Clause 1, Article 6 of Decree No. 63/CP is amended as follows:

"f/ Neither identical with nor confusingly similar to a protected trade name of another person, or with/to the protected geographical indications (including goods origin appellations);"

5. Article 8 of Decree No. 63/CP is added with the following Clause 3:

"3. Industrial property rights to well-known marks shall arise on the basis of competent State bodies decisions on recognition of such well-known marks."

6. Article 9 of Decree No. 63/CP is amended and supplemented with Clause 3 as follows:

"Article 9.-Titles of protection, registration of goods origin appellations, acceptance to protect internationally registered trademarks, and recognition of well-known marks."

1. Title of protection granted by the competent State body is the sole certificate of the State to certify the industrial property rights of the grantee, the rights of the author of an invention, utility solution or industrial design and to certify the scope of protection of the industrial property rights.

Titles of protection shall be valid in the whole territory of the Socialist Republic of Vietnam.

The National Office of Industrial Property under the Ministry of Science, Technology and Environment is the above-said competent State body.

2. Forms of title of protection and valid duration

a/ The title of protection of an invention is the patent for the invention, which is valid from the issuing date till the end of the 20-year duration starting from the date of filing the proper application;

b/ The title of protection of a utility solution is the patent for the utility solution, which is valid from the issuing date till the end of the 10-year duration starting from the date of filing the proper application;

c/ The title of protection of an industrial design is the patent for the industrial design which is valid from the issuing date till the end of the 5-year duration starting from the date of filing the proper application and can be extended twice consecutively, 5 years for each time;

d/ The title of protection of a trademark is the trademark registration certificate which is valid from the issuing date till the end of the 10-year duration starting from the date of filing the proper application, and can be extended for many consecutive times, 10 years for each time,

e/ The title of protection of a goods origin appellation is the certificate of the right to use the goods origin appellation, which is valid indefinitely as from the issuing date;

3. Decisions on acceptance to protect goods origin appellations, internationally registered trademarks and well-known marks

Decisions on registration of goods origin appellations, decisions on acceptance to protect internationally registered marks, decisions on recognition of well-known marks, issued by the competent State body, shall serve as basis for certification of the relevant origin appellations or trademarks protected by the State and for determination of the scope of protection for these objects.

The National Office of Industrial Property under the Ministry of Science, Technology and Environment is the above-said competent State body."

7. Article 10 of Decree No. 63/CP is amended as follows:

"Article 10.-Term of protection; provisional rights of owners of inventions, utility solutions or industrial designs:

1. Industrial property rights and rights of authors of inventions, utility solutions or industrial designs, established on the basis of the titles of protection, shall be protected by the State as from the issuing date of the titles of protection till the date of expiration or termination of validity of the titles of protection.

Industrial property rights over trademarks, established on the basis of international registration, shall be protected by the State from the date on which such international registration is published in the International Trademarks Gazette of the World Intellectual Property Organization till the date of expiration of validity of such international registration under the Madrid Agreement.

Industrial property rights over well-known marks shall be protected indefinitely as from the date such marks are recognized as well-known, inscribed in the decisions on recognition of well-known marks.

Goods origin appellations shall be protected indefinitely as from the date the competent State body issues the decisions on registration of the goods origin appellations, except cases where appear factors that negate their distinctive characteristics prescribed in Clause 2.e, Article 28 of this Decree.

2. During the time from the date of publication of the application for the title of protection of an invention, utility solution or industrial design in the Industrial Property Gazette to the date of issuing of the title of protection, if a person commences to use an invention, utility solution, industrial design, which is identical with the invention, utility solution, industrial design described in the application, the applicant shall be entitled to notify such user of the filed application. If, in spite of the above notification, the user continues using the invention, utility solution, industrial design, the owner of the title of protection, after being granted the title of protection, shall be entitled to request such user to pay a pecuniary compensation equivalent to the payment for the transfer of the right to use the industrial property object in question (licensing) to another person in a corresponding period of time."

8. Clause 1, Article 11 of Decree No. 63/CP is amended as follows:

"1. Application for the title of protection is a set of documents expressing the applicants request for the title of protection of an invention, utility solution, industrial design, trademark or goods origin appellation with the corresponding contents and scope of protection, or for registration of a goods origin appellation or recognition of a well-know mark."

9. Article 13 of Decree No. 63/CP is amended in its heading and supplemented with Clause 1 as follows:

"Article 13.-Conversion of the application for the title of protection of an invention into the application for the title of protection of a utility solution and vice versa

1. Before completion of the content examination, at the applicants request, the application for the title of protection of an invention may be converted into the one for the title of protection of a utility solution and vice versa. All data relating to the filing date and the priority date of the application shall be determined according to the pre-conversion application. The applicant shall have to pay an application conversion fee.

2. Within 3 months from the date of notification of the rejection of granting an invention patent, and at the applicants request, the application for the title of protection of an invention can be converted into the one for the title of protection of a utility solution. All data relating to the filing date and priority date of the application shall remain unchanged. If the application for the title of protection of an invention is converted, the fees already paid for filing of the application and for examination shall not be refunded and the applicant shall have to pay an application conversion fee."

10. Clause 3, Article 14 of Decree No. 63/CP is supplemented with the following Item d:

"d/ All organizations and individuals doing business in the territory bearing a geographical name identical with the goods origin appellation, the administrative body managing a territory bearing a geographical name identical with the goods origin appellation shall be entitled to file an application for registration of the goods origin appellation."

11. Clause 2 and Clause 4, Article 18 of Decree No. 63/CP are amended as follows:

"2. All applications for titles of protection, which have been recognized as proper, shall be published by the National Office of Industrial Property in the Industrial Property Gazette."

"4. Procedures and time limits for the examination of the form, publication and examination of the contents of the applications for titles of protection shall be prescribed by the Minister of Science, Technology and Environment."

12. Clause 3, Article 23 of Decree No. 63/CP is amended as follows:

"3. If the applicant for the title of protection of a goods origin appellation satisfies all criteria for use of the goods origin appellation which has been entered into the national register, the National Office of Industrial Property shall issue the decision to grant the certificate of the right to use the goods origin appellation, clearly stating the grantee’s name and address; the serial number of the application, the filing date, the name of the industrial property representation service organization, the products bearing the goods origin appellation that are manufactured by the grantee, the goods origin appellation, the serial numbers of registration and of the certificate."

13. Article 27 of Decree No. 63/CP is amended as follows:

"Article 27.-Complaints about decisions related to establishment of industrial property rights

1. The following persons shall have the right to complain about the National Office of Industrial Propertys decisions, notices related to establishment of industrial property rights.

a/ First-time complaints:

The applicants for the title of protection shall be entitled to file to the director of the National Office of Industrial Property their complaints about the rejection of their applications or the refusal to grant the titles of protection;

The applicants for international registration of trademarks under the Madrid Agreement shall be entitled to file to the director of the National Office of Industrial Property their complaints about the refusal to protect such trademarks in Vietnam.

The applicants for recognition of well-known marks shall be entitled to file to the director of the National Office of Industrial Property their complaints about the refusal to recognize well-known marks.

Any third party that has rights and interests directly related to the granting of titles of protection, the acceptance to protect internationally registered trademarks under the Madrid Agreement or the recognition of well-known marks shall be entitled to file complaints thereabout to the director of the National Office of Industrial Property.

b/ Second-time complaints, initiation of lawsuits:

If the first-time complainants disagree with complaint-settling decisions of the director of the National Office of Industrial Property, they may continue to file their complaints (second-time complaints) to the Minister of Science, Technology and Environment or initiate lawsuits according to administrative procedures.

2. The complaint must be made in writing, clearly stating the complainant’s name (full name) and address; the serial number, signing date and contents of the complained decision or notice; the serial number of the relevant application for the title of protection; the title of the object to be protected described in the application; the contents, arguments and evidences to support the complaint arguments; specific proposals on amendment or cancellation of the relevant decision or conclusion;

3. Statute of limitations for first-time complaints

- 90 days from the date the person entitled to complain receives or become aware of the refusal notice stated at Point a/, Clause 1 of this Article, or

- Five years from the date the title of protection or international registration becomes valid and throughout the duration the industrial property rights to well-known marks are protected; particularly for cases where the industrial property rights are established for unhealthy motives of the applicants for such establishment, the statute of limitations for complaints shall be the whole valid duration of the title of protection or international registration.

Statute of limitations for second-time complaints shall be 30 days after the time limit for settling complaints, stipulated in Clause 4 of this Article has expired but the first-time complaints have not yet been settled, or from the date the persons entitled to file second-time complaints receive or become aware of the decisions on settlement of the first-time complaints.

In cases where due to objective orforce majeureobstacles the complainant fails to exercise his/her right to lodge complaint within the statute of limitations therefor, the time during which such obstacles occur shall not be calculated into the statute of limitations for complaint.

4. The time limits for settling first-time complaints and second-time complaints shall be 30 days and 45 days respectively, counting from the date of receipt of the written complaints. For complicated cases, the time limits for settling first-time complaints and second-time complaints may be 45 days and 60 days respectively, counting from the date of receipt of the written complaints. The time for amending and supplementing complaint dossiers must not be included in the above-said time limits.

Written complaints shall be processed according to the order and procedures prescribed in the Law on Complaints and Denunciations. The complainants must pay complaint fees as prescribed."

14. Point e, Clause 2, Article 28 of Decree No. 63/CP is amended as follows:

"e/ The geographical factors decisive to distinctive characteristics have been changed, causing the loss of the distinctiveness of such characteristics; in this case, the certificate of the right to use the goods origin appellation and the decision on registration of the goods origin appellation shall be suspended on the same date under the decision of the National Office of Industrial Property;"

15. The first paragraph of Clause 2, Article 29 of Decree No. 63/CP is amended as follows:

"2. The validity of a title of protection shall be entirely canceled when there emerge the following grounds to confirm that the title of protection has been granted not in compliance the law provisions that are effective at the time of granting such title of protection for the following reasons:"

16. Article 30 of Decree No. 63/CP is amended, and supplemented with Clause 2 as follows:

"Article 30.-Renewal of validity of the titles of protection of industrial designs and trademarks

1. The validity of an industrial design patent, a trademark registration certificate may be renewed at the request of the owner of the title of protection.

2. The Minister of Science, Technology and Environment shall prescribe the procedures for renewal of validity of the titles of protection "

17. Point a, Clause 2, Article 31 of Decree No. 63/CP is amended as follows:

"a/ Applications for the titles of protection after such applications have been accepted to be valid;"

18. Clause 2, Article 33 of Decree No. 63/CP is amended as follows:

"2. The owner of international registration of a trademark under the Madrid Agreement, which has been accepted for protection in Vietnam; Subjects having trademarks recognized as well-known marks;"

19. Article 38 of Decree No. 63/CP has its Clause 5 cancelled and Clause 4 amended as follows

"4. The transfer of industrial property rights to trademarks must not cause confusion to distinctive characteristics or the origin of goods or services bearing such trademarks.

The transfer of the right to own joint marks shall be only effected simultaneously for all joint marks.

The transfer of the right to own well-known marks must ensure the prestige of goods or services bearing such well-known marks."

20. Article 41 of Decree No. 63/CP is amended as follows:

"Article 41.-Prices, mode of payment for transfer of industrial property rights

The price and mode of payment for transfer of industrial property rights shall be agreed upon by the two parties in accordance with the legislation on technology transfer.

21. Article 50 of Decree No. 63/CP is amended in its Clause 1 and Clause 2 and supplemented with Clause 3 as follows:

"Article 50.- Rights of prior users of inventions, utility solutions, industrial designs:

1. Where an individual, legal person or another subject, before the date of filing of the application for the title of protection of an invention, utility solution or industrial design, has used the invention, utility solution or industrial design independently of the owner of the industrial property object, that individual, legal person or other object shall be entitled to continue such use within the scope and volume already used before the date of filing of the application ("The prior use right"). The holder of the title of protection, the owner of the industrial property object shall not be entitled to exercise the right to request the handling of, initiate a lawsuit against, or the provisional right toward the individual, legal person or other subject being the above prior user if the latter does not extend the scope and/or volume of use as compared to before the date of filing of the application.

2. Where an individual, legal person or another subject, after the date of filing of the application for the title of protection as stated in Clause 1 of this Article, extends the scope and/or volume of use as compared to before such date, the extension shall not be regarded under the prior use right."

3. The person with the prior use right shall not be allowed to transfer such right to another person, except for cases where he/she transfers the whole prior use right together with the business establishment where the prior use is undertaken."

22. Clauses 2, 3, 6 and 8 of Article 51 of Decree No. 63/CP are amended and supplemented as follows:

"2. The possessor of industrial property rights shall be only forced to grant non-voluntary license in cases specified in Article 802 of the Civil Code.

The provisions in Clause 1, Article 802 of the Civil Code shall not be applicable during the time before the end of the 4-year duration starting from the date of filing of the application for the title of protection and before the end of the 3-year duration starting from the date of granting of the title of protection.

The person forced to grant non-voluntary license shall be entitled to request the suspension of the validity of such non-voluntary license when the circumstance leading to the granting of such license disappears and there is no possibility for it to reappear, on condition that the validity suspension shall not cause damage to the grantee of non-voluntary license."

"3. The Ministry of Science, Technology and Environment is the body competent to consider applications for non-voluntary license, issue decisions on compulsory granting of non-voluntary license and issue decisions suspending the validity of non-voluntary license."

"6. In a decision on compulsory granting of non-voluntary license, the Minister of Science, Technology and Environment shall set licensing conditions conformable with the following provisions:

a/ Non-voluntary license is non-exclusive license;

b/ Non-voluntary license shall be restricted within the scope and time limit sufficient to satisfy the granting purpose of such license;

c/ The grantee of non-voluntary license shall not be allowed to transfer the use right under such license to another person, except for cases he/she transfers it together with the business establishment using such license, and shall not be allowed to grant secondary license to another person;

d/ The grantee of non-voluntary license must pay to the license grantor a sum of money equivalent to the economic value of the use right under such license or to the price of contractual transfer of voluntary license with a similar scope and duration.

The decision on compulsory granting of non-voluntary license shall be published in the Industrial Property Gazette within 1 month from the date of its signing."

8. The person who is forced to grant a non-voluntary license shall be entitled to complain about the decision on the grant of non-voluntary license to the Minister of Science, Technology and Environment.

The applicant for non-voluntary license shall be entitled to complain about the decision rejecting the application for non-voluntary license to the Minister of Science, Technology and Environment.

The provisions on the procedures for lodging complaints and settlement of complaints in Article 27 of this Decree shall also apply to the complaints lodged to the Minister of Science, Technology and Environment as prescribed in this Clause, where the Minister of Science, Technology and Environment shall settle first-time complaints.

If disagreeing with the complaint-settling decisions of the Minister of Science, Technology and Environment, the complainants shall be entitled to either complain with the Prime Minister in accordance with the Law on Complaints and Denunciations or initiate a lawsuit according to administrative procedures."

23. Article 52 of Decree No. 63/CP is amended and supplemented with Clause 2 as follows:

"Article 52.-Acts not falling under the exclusive right of industrial property owners

1. Under Article 803 of the Civil Code, acts of using an invention, utility solution or industrial design shall not fall under the exclusive right of the industrial property owners who shall not be allowed to exercise, as prescribed in Article 36 of this Decree, the right to request the handling, or initiate a lawsuit against a third party who has done such acts in the following cases:

a/ The use is made not for business purposes;

b/ The use of products circulated on the market, even foreign market, by the owner of industrial property objects, the use right transferee, the grantee of non-voluntary license or person with the prior use right;

c/ The use is only for purposes of maintaining operation of foreigners’ transport means in transit or temporary presence in the Vietnamese territory.

2. The provisions at Point a/ and the appropriate contents on trademarks and goods origin appellations prescribed at Point b/, Clause 1 of this Article shall be also applicable to trademarks and goods origin appellations."

24. Article 53 of Decree No. 63/CP has its Clause 3 cancelled and Clause 1 supplemented as follows:

"1. Where one of the acts of using the industrial property object during its protection duration as prescribed in Article 805 of the Civil Code and specified in Article 34 of this Decree without the permission of its owner is done by a person who is neither the owner of such industrial property object nor the prior user as stipulated in Article 50 of this Decree and such act does not fall within the cases specified in Articles 51 and 52 of this Decree, it shall be regarded as infringement upon the industrial property rights.

The following acts shall be also regarded as infringement upon the rights of industrial property owners:

a/ Using industrial designs which are basically not different from the protected industrial designs;

b/ Using signs identical with the trademark protected under a trademark registration certificate or international registration for a goods or service similar or related to a goods or service on the list of registration list enclosed with such mark or/and using signs similar to such mark for a goods or service of the same kind, similar or related to a goods or service on the registration list enclosed with such mark, if such using may possibly cause confusion regarding goods origin;

c/ Using signs identical with or similar to well-known marks, or signs in form of words translated or transcribed from such marks for any goods or services, even goods and service not of the same kind, not similar nor related to the goods or services on the list of prestigious goods and services bearing the well-known mark, if such using may possibly cause confusion about goods origin or wrong impression on the relation between the user of such signs and the subject having the trademark recognized as well-known mark."

25. Article 55 of Decree No. 63/CP is amended as follows:

"Article 55.-Concepts

The concepts used in this Chapter shall be construed as follows:

"Industrial property representation service organization" is an enterprise which has made business registration for industrial property representation service in accordance with law.

"Industrial property representative" is a professional member of an industrial property representation service organization, who is granted the industrial property representatives card by the National Office of Industrial Property.

"Industrial property representation" refers collectively to the industrial property representation service organization and/or the industrial property representative."

26. Article 58 of Decree No. 63/CP is amended as follows:

"Article 58.-Conditions for doing business in and practicing industrial property representation

1. Conditions for being granted the industrial property representatives card.

Only those individuals who fully meet the following criteria may be granted the industrial property representatives card:

- Being a Vietnamese citizen, having full capacity for civil acts;

- Permanently residing in Vietnam;

- Having obtained a university degree in law or technique;

- Having obtained a certificate of graduation from a formal course on industrial property; or having personally involved in the legal work concerning industrial property for 5 or more consecutive years; or having personally involved in the work of examination of industrial property applications at national or international industrial property offices for 5 or more consecutive years;

- Having obtained a certificate of pass at an examination in the current industrial property legislation of Vietnam, which was issued by the National Office of Industrial Property and remains valid;

- Not being the person who is currently working for a State agency or organization other than enterprise;

2. Conditions for provision of the industrial property representation service

Industrial property representation service organizations must meet the following conditions:

- Being an enterprise established under the legislation on enterprises;

- Having no foreign-invested capital;

- Having the function to provide the industrial property representation service (inscribed in its operation charter and business registration certificate);

- Having at least 2 official professional members who are industrial property representatives, one of them is the head of the organization or is authorized by the head of the organization to represent such organization."

27. Article 59 of Decree No. 63/CP is amended and supplemented with Clause 2 as follows:

"Article 59.- Procedures for granting of the industrial property representatives card and the certificate of registration for industrial property representation service provision

1. The procedures for filing of applications for the industrial property representatives cards, examination of applications and granting of industrial property representatives card shall be prescribed by the Minister of Science, Technology and Environment.

The National Office of Industrial Property under the Ministry of Science, Technology and Environment is the State body competent to grant the industrial property representatives card.

2. The State bodies competent to make business registration under the legislation on enterprises are bodies competent to grant certificates of registration for industrial property representation service provision to organizations that meet all conditions specified in Clause 2, Article 58 of this Decree. The above bodies shall be entitled to seek opinions of the National Office of Industrial Property on the registered enterprises capability to meet the conditions for provision of the industrial property representation services.

After granting a certificate of registration of industrial property representation service provision, the granting body must notify the National Office of Industrial Property thereof so that the latter can record the name of the concerned industrial property representation service organization into the national register.

The list of individuals granted the industrial property representatives card and industrial property representation service organizations shall be recorded into national register on industrial property."

28. Article 61 of Decree No. 63/CP is amended as follows:

"Article 61.-Withdrawal of the industrial property representatives card, withdrawal of the certificate of registration of industrial property representation service provision

1. Conditions for withdrawal of the industrial property representatives card, withdrawal of the certificate of registration for industrial property representation service provision

a/ The National Office of Industrial Property shall withdraw the industrial property representatives card, and delete the holders name from the list of industrial property representatives in the following cases:

- The card holder discontinues the industrial property representation activities;

- The card holder no longer meets all the criteria specified in Clause 1, Article 58 of this Decree;

- The card holder makes a serious mistake while practicing his/her representation job, causing damage to legitimate interests of the represented party or another person or harming the prestige of a State body and/or the State.

b/ In the following cases the National Office of Industrial Property shall notify the body competent to grant business registration certificates so that the latter shall withdraw the certificate of registration of industrial property representation service provision or delete the domain of provision of industrial property representation service (if the organization still conducts business in other domains):

- The organization no longer meets all the criteria specified in Clause 2, Article 58 of this Decree;

- The organization breaches law provisions, especially those in this Chapter.

The competent body must notify the National Office of Industrial Property of the withdrawal of the certificate of registration for industrial property representation service provision so that the latter shall delete the name of the organization whose business registration certificate has been withdrawn from the national register.

2. The decision on withdrawal of the certificate of registration for industrial property representation service provision or the industrial property representative’s card shall be published in the Industrial Property Gazette.

3. Where the industrial property representation service organization has its certificate of registration for industrial property representation service provision withdrawn, all unfinished procedures effected by the organization shall be permitted to be discontinued and the represented party shall be entitled to resume such procedures within 3 months from the date of publication of the decision on the certificate withdrawal in the Industrial Property Gazette."

29. The title of Chapter 7 of Decree No. 63/CP is amended as follows:

"Chapter 7:State management over industrial property activities."

30. Article 62 of Decree No. 63/CP is superseded by a new Article 62 as follows:

"Article 62.-State management over industrial property activities

1. The Government shall exercise uniform State management over the industrial property activities.

2. The contents of the State management over industrial property activities include:

a/ Promulgating legal documents, policies, strategies, plannings and plans on development of industrial property activities;

b/ Organizing the filling in the procedures for establishment of industrial property rights;

c/ Protecting legitimate interests of the State, organizations and individuals in the domain of industrial property;

d/ Organizing the implementation of law provisions and policies on industrial property;

e/ Organizing industrial property information activities;

f/ Managing industrial property representation and consultancy services;

g/ Training and building up a contingent of employees engaged in industrial property activities;

h/ Undertaking international cooperation on industrial property;

i/ Guiding, inspecting and supervising the implementation of policies, observance of laws on industrial property;

j/ Settling complaints, denunciations and handling violations of the legislation on industrial property."

31. Article 62 and Article 66 of Decree No. 63/CP are combined into a new Article 65 as follows:

"Article 65.- Protection of national interests and social interests in industrial property activities

1. The establishment and exercise of industrial property rights must not infringe upon the State’s interests.

2. Protected industrial property objects of which the respective owners are State organizations and enterprises or organizations and enterprises having joint venture capital contributed by the State shall be the assets of the State. Such organizations and enterprises shall have the obligation to protect, preserve the prestige and develop the value of these assets.

3. Confidential inventions, utility solutions

a/ Vietnams inventions and utility solutions related to national defense and security or being of special economic value shall be considered confidential inventions and utility solutions.

b) Authors or owners of industrial property objects and those persons involved in the creation, filing and examination of applications for protection and/or utilization of confidential inventions or utility solutions shall have to keep confidential such inventions or utility solutions according to the regulations on protection of State secrets.

4. Vietnams goods origin appellations are national assets. The right to use goods origin appellations shall belong to the owners of the certificates of the right to use goods origin appellations and shall not be allowed to be transferred to other persons in any forms.

5. Only owners of industrial property objects and only during the protection term may place indications that the products are protected or under their exclusive right, including indications in the form of signs, on such products, in advertisements or in transactions for business purposes.

Where the products are produced under a license, indications to this effect must be made on the products, in advertisements or in transactions for business purposes.

Where the products are produced in Vietnam under foreign licenses or bearing trademarks which are likely to create the impression that they are foreign trademarks or have foreign origins, the full (not abbreviated) indication "Made in Vietnam" must be written on the products.

32. Clause 1, the first paragraph of Clause 2, Point e of Clause 2 and Point a of Clause 3 of Article 63 of Decree No. 63/CP are amended as follows:

"1. The Ministry of Science, Technology and Environment shall assist the Government in discharging the function to perform the uniform State management over the industrial property throughout the country, be responsible for organizing and directing the implementation of the States regulations, policies and law provisions on industrial property."

"2. The National Office of Industrial Property under the Ministry of Science, Technology and Environment shall be the State management body having the responsibility to assist the Minister of Science, Technology and Environment in performing the function mentioned in Clause 1 of this Article."

"e/ Organizing examinations of professional qualifications and granting the industrial property representatives cards and managing the professional activities of organizations providing industrial property representation services;"

"3.a/ Proposing to the ministers, the heads of the ministerial-level agencies or the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities measures to detail the implementation of the State’s policies on industrial property and to organize the implementation of such measures; making plans on development of industrial property activities and organizing the implementation thereof in the branches and localities;"

33.Clause 2 and Clause 3 of Article 64 of Decree No. 63/CP are amended as follows:

"2. The Ministry of Finance shall have to coordinate with the Ministry of Science, Technology and Environment in prescribing various industrial property charges and fees and rates thereof, the regimes of management and use of such charges and fees."

"3. The Ministry of Agriculture and Rural Development and the Ministry of Aquatic Resources shall have to revise specialty products of all kinds; determine areas for the cultivation or production and the properties of such agricultural and aquatic products, and requesting the relevant Peoples Committees in these areas to guide concerned individuals, organizations in registering goods origin appellations for these specialty products. The Ministry of Agriculture and Rural Development shall have to coordinate with the Ministry of Aquatic Resources and the Ministry of Science, Technology and Environment in studying and submitting to the Government for promulgation regulations on protection of the rights of individuals and organizations that create new plant varieties and animal breeds."

34. Article 65 of Decree No. 63/CP is changed to Article 66, arranged in Chapter 7 and amended as follows:

"Article 66.-Handling of administrative violations in industrial property

Administrative violations in industrial property shall be handled according to the provisions in the Government’s Decree No. 12/1999/ND-CP of March 6, 1999 on handling administrative violations in the domain of industrial property and other relevant law provisions."

35. The title of Chapter 8 of Decree No. 63/CP is amended as follows:

"Chapter 8: Final provisions"

36. Article 69 of Decree No. 63/CP is amended as follows:

"Article 69.-Transitional provisions:

1. The applications for protection under the January 28, 1989 Ordinance on Protection of Industrial Property, which had been filed to the National Office of Industrial Property before July 1, 1996, including those filed by mail with the postmark prior to that date, will continue to be processed in accordance with the said Ordinance.

2. The titles of protection granted under the 1981 Regulation on innovations and inventions, the 1988 Regulation on Utility Solutions, the 1982 Regulation on Trademarks, the 1988 Regulation on Industrial Designs or under the January 28, 1989 Ordinance on Protection of Industrial Property shall remain valid until the expiry of their terms. After the expiry of the relevant terms as mentioned above, if the owners of the titles of protection request for extension thereof, the extension procedures prescribed in Clause 2, Article 30 of this Decree shall be complied with, trademark registration certificates and industrial design certificates shall continue to be extended. All invention patents having a validity duration of under 20 years shall have their validity duration extended for full 20 years counting from the date of filing of proper applications.

3. All rights and obligations under the titles of protection (including the titles of protection granted under the January 28, 1989 Ordinance on Protection of Industrial Property) and procedures for maintaining, extending, amending, assigning and settling disputes related to such titles of protection shall comply with this Decree.

4. Applications for the titles of protection filed from July 1, 1996 but not yet processed shall be dealt with in accordance with this Decree.

Article 2.-Implementation provisions

1. This Decree takes effect 15 days after its signing.

2. The Minister of Science, Technology and Environment shall have to guide the implementation of this Decree.

3. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.