What should an enterprise do if it detects that the issuance of intellectual property protection titles by the competent authorities infringes its legitimate rights and interests? Is it possible to make a complaint about the issuance of this protection title, and if so, what is the procedure for this complaint?
BLawyers Vietnam would like to provide you with the necessary information on this issue.
I. Who has the right to complain about the grant of intellectual property titles?
When finding any errors or misunderstandings in the granted intellectual property titles, the applicant has the right to complain under the provisions of the Intellectual Property Law and relevant laws.
II. Statute of limitations for making complaints about the issuance of intellectual property protection titles
According to each complaint period, the statute of limitations for filing a complaint shall be different. Particularly:
(i) The first-time complaint must be made within 90 days from the date the claimant receives or is aware of the decision or notice on the grant of intellectual property protection titles.
(ii) If the first-time complaint does not reach the desired results or is not settled, the enterprise can make a second-time complaint. The second-time complaint has a statute of limitations is 30 days.
If such a complaint is not settled, the time for calculating the statute of limitations for initiating a lawsuit is the expiration of the first-time complaint settlement time. And, in case of disagreement with the first-time complaint settlement result, the time shall be counted after receiving a first-time complaint settlement decision.
III. Procedures for making complaints about the issuance of intellectual property protection titles
1. Preparing documents
Of note, the content of the complaint must be expressed in writing and must include the following information: the full name and address of the complainant; the number, signing date, the content of the complained notice or decision; the complaint content, arguments, and evidence to prove the complaint; and the specific request for correction or cancellation of the relevant notice or decision.
2. Filing a complaint
For the first-time complaint, the enterprises shall file a complaint directly or by post to the headquarters of the National Office of Intellectual Property in Hanoi and its representative offices in Ho Chi Minh City or Da Nang.
For the second complaint, the enterprise shall file a complaint directly or by post to the Minister of Science and Technology.
3. The time limit for complaint settlement
Within 10 days after receiving the complaint, the competent authorities shall accept the settlement or notify the applicant if the settlement is refused.
In addition, the time limit for first-time complaint settlement shall not exceed 30 days from the date of acceptance. For complicated cases, the time limit for settlement may be extended but it must not exceed 45 days from the date of acceptance.
The decision on complaint settlement must be published in the Industrial Property Official Gazette within 02 months from the date of signing the decision.
Date: 15 April 2022
Writer: Tuyen Pham
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