Following up on the Notice No. 13822/TB-SHTT, dated 23 November 2020 (Notice 22′), the Intellectual Property Office of Vietnam (IP VIETNAM) further issued Notice No. 6959/SHTT-PCCS on 14th July 2021 (Notice 59′), which deems to lossen the requirements with respect of legally eligible person to sign documents under the name of the applicant’s representative in the procedures for registration of IP rights and other related procedures.
1. Summary of Notice 22′ in 2020
On 23rd November 2020, IP VIETNAM issued Notice 22′ to provide provisions with respect to legally eligible person to sign documents in the name of the applicant’s representative in the procedures for registration of industrial property rights and related procedures under the provisions of Points 3&4 of Circular No. 01/2007/TT-BKHCN of 14/02/2007, revised by Circular No. 16/2016/TT-BKHCN of 30/06/2016, meaning that in certain cases the applicant must provide supporting documentation(s) proving that the signer is the legally eligible representative of the applicant and seal (as prescribed by law, if any).
2. Summary of Notice 59′ in 2021
Briefly, under the item 1 of Notice 59′, in case the person signing documents with the IP VIETNAM is either the legal representative of the applicant or a person belonging to the organization authorized by the legal representative of the applicant, the legal status of the signer is confirmed by the person himself through his signature and the seal (to be prescribed, if any) of the applicant. Such a person shall take full responsibility before the applicant and the law for the legality, accuracy and truthfulness.
Doubtlessly, the new regulation provided in Notice 59′ is IP VIETNAM’s effort to further facilitate both local and foreign applicants in pursuing IP registration in Vietnam as compared to Notice 22′. As such, it can be interpreted that all the requirements set forth under Notice 22′ have almost been lifted, meaning that the applicants no longer need to provide any supporting documentation(s) to prove the authorization granted to the signatories to sign on behalf of the applicants in any documents submitted to IP VIETNAM.
3. Further observation
Definition or guideline on how to determine the term “person belonging to the organization” has nonetheless not been provided yet in Notice 59′.
It is assumed that only in a case there are reasonable grounds to believe that the person signing documents with the IP VIETNAM is not belonging to the organization, the applicant shall be invited to provide supporting documentation(s) proving that the signer is legally eligible.
The contents of this piece are intended to convey general information only and not to provide legal advice or opinion. For further information in this regard, please contact us at:
Dao Danh Phuoc (Mr.)
Head of Patent and Design Department – IPHOUSE & ASSOCIATES