Decree No. 119/2010/ND-CP dated December 30, 2010 of the Government amending and supplementing a number of articles the Government’s Decree No. 105/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property

INTELLECTUAL PROPERTY ASSESSMENT ORGANIZATIONS NEED ONLY 01 (ONE) ASSESSOR

On December 30, 2010, the Government issued the Decree No. 119/2010/ND-CP amending and supplementing a number of articles the Government’s Decree No. 105/2006/ND-CP of September 22, 2006, detailing and guiding a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property.

Within that, the Decree amends and supplements many new regulations on Intellectual property assessment, defining again the assessment contents in the ways to concretize them and not repeat the regulations which are mentioned in the Law on Intellectual Rights.

Intellectual property assessment organizations are regulated in more details rather than in the Decree 105; accordingly, assessment organizations include enterprises established and operating under the law on enterprises; cooperatives and unions of cooperatives established and operating under the law on cooperatives; non-business units; law-practicing organizations established and operating under the law on lawyers, excluding subsidiaries of foreign law-practicing organizations, wholly foreign-owned limited liability law firms, limited liability law firms in the form of joint ventures between Vietnamese law-practicing organizations and foreign law-practicing organizations.  

An intellectual property assessment organization must have at least one intellectual property assessor (instead of 02 assessors as regulated in the Decree 105); having a working office, equipment and facilities and having a necessary database for assessment

Time for processing petitions are reduced from 30 days to 20 days  after receiving a petition for inspection or supervision of imports or exports, or within 24 working hours after receiving a petition for suspension of customs clearance, the customs office shall consider and issue a notice of acceptance of the petition, if the petitioner has performed the obligations provided at Points a, b and c, Clause 1 and 2, Article 217 of the Law on Intellectual Property. In case of rejection, the customs office shall reply in writing to the petitioner, clearly stating the reason.