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Thu, 25/06/2020 | 10:11 AM

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Appeal settlement of industrial property rights

In 2019, IP Viet Nam received 845 apeals and 413 requests for invalidation and cancellation of protection titles.

In 2019, IP Viet Nam received 845 apeals in which 679 requests were accepted and 166 were not accepted. IP Viet Nam received 413 requests for invalidation and cancellation of protection titles of individuals, organizstions and enterprises due to not satisfying protection requirements.
IP Viet Nam settled 894 complaints, among them, accepting grounds of 347 appeals on national trademarks and 181 appeals on international trademarks, refusing the grounds of 200 appeals on national and international trademarks, accepting the grounds of 34 appeals on patents and refusing the grounds of 10 appeals on patents, accepting the grounds of 22 appeals on industrial designs and refusing the grounds of one appeal on industrial design. A total of 99 appeals were not accepted for review by IP Viet Nam. 
 
Director General Dinh Huu Phi gives opening remarks at the Workshop on IPRS Protection and Enforcement in industry 4.0
 
IP Viet Nam handled 45 requests for invalidation of protection titles, of which it accepted to invalidate 20 trademarks, two industrial designs; refused invalidation of 15 trademarks, two industrial designs and one patent. IP Viet Nam did not accept five requests for review.
Regarding termination of protection titles, 172 requests were settled by IP Viet Nam, among them, accepting grounds for terminating the validity of 130 trademarks and international trademarks; refusing to terminate the validity of five trademarks. IP Viet Nam did not accept 37 requests for review. 
Following procedures for second-complaint settlement, the Ministry of Science and Technology held dialogues with applicants during the complaint settlement process. IP Viet Nam’s representatives participated in many dialogues between leaders of the Ministry of Science and Technology and enterprises and settled 43 second-complaint cases. 
Regarding coordination in enforcement activities, IP Viet Nam received and processed written requests for professional opinions from IPR enforcement agencies such as the Inspectorates for Science and Technology, Vietnam Market Surveillance, Economic Police and Customs related to 148 cases, among them, four relating to patents, 136 to trademarks and eight to industrial designs. 
IP Viet Nam’s representatives attended  professional consultation meetings, chaired by Hanoi’s Market Surveillance Department, concerning the IPRs enforcement process in four cases with eight meetings; provided professional opinions in meetings of Anti-Counterfeiting, Consumer Protection Association, Vietnam Directorate of Market Surveillance, Vietnam Chamber of Commerce and Industry;  worked with enforcement agencies (Customs, Inspectorate of Science and Technology at all levels, Market Surveillance, Economic Police) to provide information and present opinions to ensure IRPs enforcement activities. 
Representatives of IP Viet Nam participated in six administrative lawsuits in courts, provided courts with 15 professional comments, attended 10 hearings or conciliation sessions with applicants, related third-parties or related parties concerning the administrative decisions issued by IP Viet Nam at the Ha Noi People’s Court, the Ho Chi Minh City People’s Court, the High Courts in Ha Noi and Ho Chi Minh City. 
Additionally, IP Viet Nam sent lecturers to 13 classes on IPRs enforcement organized by the Vietnam Directorate of Market Surveillance; Customs Control and Supervision Department, Anti-Smuggling and Investigation Department-General Department of Vietnam Customs; Vietnam Railway Authority, Hanoi Beer Alcohol Beverage Joint Stock Corporation; Hanoi Association for Anti-Counterfeiting; Vietnam Chamber of Commerce and Industry; Vietnam Institute of Science Technology and Innovation, Departments of Science and Technology of Dien Bien, and Phu Yen, Binh Thuan, An Giang and Quang Nam provinces. 
 
IP VIETNAM