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Notification on the implementation of legislative provisions concerning time limits for applicants affected by Covid-19 and transactions between applicants and the Viet Nam Intellectual Property Office

KENFOX – IP Viet Nam released Notification No. 5277/TB-SHTT of 31 March 2020 concerning the implementation of legal requirements concerning the time limits for applicants affected by Covid-19 and transactions between applicants and the Viet Nam Intellectual Property Office.

Coronavirus disease (Covid-19) caused by a novel coronavirus occurred globally with rapid spread and seriously affected all aspects of socio-economic life around the world in general,

as well as applicants for the registration of industrial property rights and the regular activity of the Vietnam Intellectual Property Office (IP Viet Nam) in particular

To mitigate the disadvantages caused by Covid-19 to applicants / owners of industrial property rights regarding procedures for registering industrial property rights with the IP Viet Nam, the IP Viet Nam hereby notifies:

  1. Extension of time limits for applicants affected by Covid-19 in carrying out procedures with the IP Viet Nam

All procedures for the registration of industrial property rights due between 30 March 2020 and 30 April 2020, including requests for claiming priority rights, submission of supplementary papers, replies to IP Viet Nam decisions / notifications, requests for annuities / the validity of protection titles, payment of all types of fees and charges, the lodging of appeals / oppositions shall be extended automatically until 30 May 2020.

In other cases, applicants who still suffer from Covid-19’s impact in their applications for the establishment of industrial property rights with IP Viet Nam may request the application of the Objective Obstacles Regulations, force majeure as set out in points 9.4, 9.5 of Circular No.01/2007/TT- amended by Circular No.16/2016/TT-BKHCN.

  1. Filing PPH applications with IP Viet Nam under the PPH Pilot Program between IP Viet Nam and the Japan Patent Office

As announced earlier by IP Viet Nam, the date of receipt of PPH applications will be re-scheduled for 04 May 2020 instead of 01 April 2020.

  1. Transactions between IP Viet Nam and applicants

KENFOX – IP Viet Nam released Notification No. 5277/TB-SHTT of 31 March 2020 concerning the implementation of legal requirements concerning the time limits for applicants affected by Covid-19 and transactions between applicants and the Viet Nam Intellectual Property Office.

Coronavirus disease (Covid-19) caused by a novel coronavirus occurred globally with rapid spread and seriously affected all aspects of socio-economic life around the world in general,

as well as applicants for the registration of industrial property rights and the regular activity of the Vietnam Intellectual Property Office (IP Viet Nam) in particular

To mitigate the disadvantages caused by Covid-19 to applicants / owners of industrial property rights regarding procedures for registering industrial property rights with the IP Viet Nam, the IP Viet Nam hereby notifies:

  1. Extension of time limits for applicants affected by Covid-19 in carrying out procedures with the IP Viet Nam

All procedures for the registration of industrial property rights due between 30 March 2020 and 30 April 2020, including requests for claiming priority rights, submission of supplementary papers, replies to IP Viet Nam decisions / notifications, requests for annuities / the validity of protection titles, payment of all types of fees and charges, the lodging of appeals / oppositions shall be extended automatically until 30 May 2020.

In other cases, applicants who still suffer from Covid-19’s impact in their applications for the establishment of industrial property rights with IP Viet Nam may request the application of the Objective Obstacles Regulations, force majeure as set out in points 9.4, 9.5 of Circular No.01/2007/TT- amended by Circular No.16/2016/TT-BKHCN.

  1. Filing PPH applications with IP Viet Nam under the PPH Pilot Program between IP Viet Nam and the Japan Patent Office

As announced earlier by IP Viet Nam, the date of receipt of PPH applications will be re-scheduled for 04 May 2020 instead of 01 April 2020.

  1. Transactions between IP Viet Nam and applicants

As of 1 April 2020, all transactions between IP Viet Nam (including Hanoi Headquarters, Da Nang City Representative Offices and Ho Chi Minh City) and applicants can only be carried out via the postal service or electronic filing system until further notice. The applicants pay the fees and charges through the postal service or by bank transfer to the bank account of IP Viet Nam at  the State Treasury (pursuant to Notice No. 5241/TB-SHTT dated 27 March 2020) until further notice.

Please contact KENFOX at info@kenfoxlaw.com for any query on the above.

As of 1 April 2020, all transactions between IP Viet Nam (including Hanoi Headquarters, Da Nang City Representative Offices and Ho Chi Minh City) and applicants can only be carried out via the postal service or electronic filing system until further notice. The applicants pay the fees and charges through the postal service or by bank transfer to the bank account of IP Viet Nam at  the State Treasury (pursuant to Notice No. 5241/TB-SHTT dated 27 March 2020) until further notice.

Please contact KENFOX at info@kenfoxlaw.com for any query on the above.