Notice 13822/TB-SHTT 2020 provisions concerning persons eligible to sign documents as applicants’ representatives in procedures for registration of establishment of industrial property rights

NOTICE

On application of provisions concerning persons eligible to sign documents as applicants’ representatives in procedures for registration of establishment of industrial property rights and related procedures

In the procedures for establishing industrial property rights and related procedures, the Intellectual Property Office of Vietnam agrees to apply a number of provisions related to the person eligible to sign documents as the representative of the applicant as prescribed at Points 3 and 4 of Circular No. 01/2007/TT-BKHCN dated February 14, 2007, which was amended and supplemented under Circular No. 16/2016/TT-BKHCN dated June 30, 2016 (hereinafter referred to as Circular No. 01/2007/TT-BKHCN) as follows:

1. For individual applicants

Applicants’ representatives are legal representatives as prescribed in Article 136 of the Civil Code, or as authorized by the applicants via a power of attorney (authorize an individual, organization, or authorize an industrial property representation service organization). The power of attorney must be signed by the applicant and the authorized person, and such authorization must comply with Points 3 and 4 of Circular No. 01/2007/TT-BKHCN.

2. For institutional applicants

2.1 In case where the applicant representative is the “applicant's at-law representative”

a) In case where the person signing on the declaration and transaction papers holds a title such as Chairperson of the Members’ Council, Chairperson of the Board of Directors, president of the company, or Chief Executive Officer, he/she shall only need to confirm that he/she is the applicant's at-law representative through his/her signature and seal (according to regulations, if any);

b) In case the person signing the declaration and transaction papers holds a title such as Deputy of the titles mentioned at Point a) above, the title of Chief of Office, Head of Department or Deputy of such title, etc., or title of foreign organization such as attorney in fact, authorized signatory, proxy, or officer, etc., the applicant must provide documents proving the signatory's eligibility for acting as the applicant’s at-law representative and affix a seal (in accordance with the law, if any).

2.2 In case where the applicant representative is the “person working for an organization authorized by the at-law representative”

In case where the person signing the declaration and transaction papers works for an organization authorized by the at-law representative, in addition to complying with regulations on at-law representatives specified in Section 2.1, the applicant must provide documents proving such authorization.

2.3 In case where the applicant’s representative is an industrial property representation service organization

An industrial property representation service organization shall represent the applicant through a power of attorney. Accordingly, the person who signs the power of attorney in the name of the applicant's representative (the authorizing party) must meet the requirements specified in Section 2.1 or 2.2 and must comply with Points 3 and 4 of Circular No. 01/2007/TT-BKHCN.

3. Others

3.1 Provisions of Sections 1, 2.1 and 22.2 apply to Vietnamese applicants and foreign institutional and individual applicants.

3.2 In case where a person representing a foreign individual applicant cannot prove his/her legal representative status or authorized status as prescribed at Points 3 and 4 of Circular No. 01/2007/TT-BKHCN, the transaction documents submitted to the Intellectual Property Office of Vietnam must have such person's signature consularly certified and consularly legalized./.