Following up on Notice 7581/TB-SHTT, dated 2 August 2021, the Intellectual Property Office of Vietnam (IP Vietnam) has further issued Notice No. 8181/TB-SHTT (Notice ’81), dated 9 September 2021, with respect to statutory extension of the time limits for establishment procedures of Industrial Property rights and other related circumstances affected by the Covid-19 Pandamic.
As expected, under the Notice ’81, the followings will be implemented to relieve impacts of the Covid-19 pandemic:
1. Deadline extension for establishment procedures of Industrial Property rights
All procedures in relation to the establishment of industrial property rights (request for claiming priority rights, supplementation of documents, submission of responses to Office Actions, maintenance, extension of the validity of protection titles, payment of fees, charges, filing of appeal petitions) due in the period from June 30, 2021 to October 31, 2021 will be automatically extended until November 30, 2021.
2. Entitlement of applying force majeure and objective obstacles
With respect to other circumstances where applicant’s execution of rights and obligations regarding procedures for the establishment of industrial property rights is also affected by the Covid-19, it is entitled to file a request to apply regulations on force majeure and objective obstacles pursuant to Points 9.4 and 9.5 of Circular 01/2007/TT-BKHCN, revised by Circular 16/2016/TT-BKHCN, in provision of guidance of the Intellectually Property Law of Vietnam as detailed below:
“9.4. The time limits shall be exclusive of the duration of force majeure events or objective obstacles by which organizations or individuals fail to perform their rights and obligations within the provided time limits if they make requests and have sufficient evidences to prove those circumstances. If the requests are accepted, IP VIETNAM shall issue decisions or notices on withdrawing the decisions or notifications which have been issued on the grounds that those organizations or individuals fail to exercise its rights and obligations within the time limits and to restore the application process to the status before expiry of the time limit.”
“9.5. Force Majeure is an unforeseeable event (such as natural disasters, war, etc.) and cannot be overcome despite applicants have taken necessary measures in their capacities. Objective obstacles are obstacles caused by objective circumstances (e.g. sickness, business trips, etc.) that make persons having rights and obligations impossible to know about their legitimate rights or interests are being infringed upon, or are unable to exercise their rights and obligations.”
Note: To enjoy such regulations, applicants must submit a request along with a petition and proper, justifiable evidence demonstrating the events above.
The contents of this piece are intended to convey general information only and not to provide legal advice or opinion.
Please stay tuned for our further updates.
Dao Danh Phuoc (Mr.)
Head of Patent and Design Department