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Notification on application of legal provisions relating to time limits for applicants affected by Covid-19 and transactions between applicants and the Intellectual Property Office of Viet Nam

IP Viet Nam issued Notification No. 5277/TB-SHTT dated 31 March 2020 on application of legal provisions relating to time limits for applicants affected by Covid-19 and transactions between applicants and the Intellectual Property Office of Viet Nam.

Coronavirus disease (Covid-19) caused by a novel coronavirus has occurred globally with rapid spread and severely affected to all aspects of social-economic life around the world in general and the applicants for registration of industrial property rights as well as normal operation of the Intellectual Property Office of Viet Nam (IP Viet Nam) in particular. 

In order to minimize disadvantages caused by Covid-19 to applicants/industrial property right owners relating to procedures for registration of industrial property rights with the IP Viet Nam, the IP Viet Nam hereby notify as follows:

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

All procedures for registration of industrial property rights which are due in the period from 30 March 2020 to 30 April 2020, namely requests for claiming priority rights, provision of supplement documents, responses to decisions/notifications of the IP Viet Nam, requests for annuities/renewal of the validity of protection titles, payment of all types of fees and charges, lodgement of appeals/oppositions, shall be automatically extended to 30 May 2020.

In other cases, applicants who are still suffering from impacts of Covid-19 in perusing their applications for establishment of the industrial property rights with IP Viet Nam, can request for the application of regulations on objective obstacles, force majeure provided for in Points 9.4, 9.5 of Circular No.01/2007/TT-BKHCN amended by Circular No.16/2016/TT-BKHCN.

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

The receiving date of PPH requests will be re-scheduled for 04 May 2020 instead of 01 April 2020 as announced earlier by IP Viet Nam.

3. Transactions between IP Viet Nam and applicants

As of 01 April 2020, all transactions between IP Viet Nam (including Headquarters in Hanoi, Representative Offices in Da Nang City and Ho Chi Minh City) and applicants will only be conducted via the postal service or through online filing system until further notice. The payment of fees and charges by applicants is made via the postal service or by bank transfer to IP Viet Nam’s bank account at the State Treasury (pursuant to Notice No. 5241/TB-SHTT dated 27 March 2020) until further notice.

If any issue arises in the implementation, please contact IP Viet Nam via email: phapche.chinhsach@ noip.gov.vn, for further guidance./.

Notification No. 5277/TB-SHTT dated 31 March 2020 (Vietnamese original / English translation)

Intellectual Property Office of Viet Nam