According to the law on Intellectual Property of Vietnam, any third parties have the right to send opinion to the National Office of Intellectual Property in Vietnam (NOIP) regarding industrial property right, granting or not granting protection title to an application. When a third party may give the opinion and how NOIP will handle that opinion?
Firstly, the third party has the right to send opinion from the time of publishing the industrial publication on industrial Gazette till before the date of issuing the decision on granting protection title. Accordingly, the opinion must be in written form and attached the documents or sources of information for evidences. The written opinion of the third party is also a source of information for examining the industrial application.
Secondly, after the opinion of the third party submitted into NOIP, there would be the following cases:
-In case the opinion of the third party has legal grounds, NOIP will notify of the opinion to the applicant and set a time limit for applicant to reply to the written opinion. After receiving the response of the applicant, if necessary, NOIP informs that response of the applicant to the third party and set a time limit for third party to reply. After that time limit, NOIP shall process opinion of the applicant and the third party according to the evidence and arguments provided by the parties and documents included in the application. The third party shall also be informed of the results of substantive examination of corresponding application;
-In case the opinion of the third party is groundless, NOIP is not required to notify the applicant of those opinions but shall notify the third party of its refusal to consider the opinions, clearly stating the reason thereof;
-In case the opinion of the third party are related to the registration right, when finding it impossible to determine whether such opinions are supported with legal ground or not, NOIP shall notify the third party so that the latter can file a lawsuit to a competent court in accordance with regulations of the Civil Procedure Code. Within 01 month from the date on which the NOIP issues the notice, if the third party fails to send the NOIP the copy of the notice of case acceptance of the court, it will be considered that the third party has withdrawn the lawsuit and continue to process the application without the third party’s opinions. If the NOIP receives such copy within the abovementioned time limit, the NOIP shall suspend the application processing until the results of dispute settlement by the court are obtained. After the results of dispute settlement by the court are obtained, the application processing shall be resumed in accordance with those results.
Besides, during the above processing, NOIP may organize a face-to-face meeting between the third party and the applicant to further clarify the opposition.
If the client needs help with handling such complaint, our IP attorney in Vietnam at ANT Lawyers will be of help.
Comments