Conditions for establishing an intellectual property representation service company in Vietnam

What is Intellectual Property Representation Service

• Intellectual property representatives (also known in legal terms as industrial property representatives) will perform intellectual property-related tasks on behalf of enterprises and individuals at State agencies.
• Intellectual property representation services have been recognized by Vietnamese law as a conditional business line, specifically one of the professions that need a practicing certificate when registering a business.

Contents of intellectual property representation services

Intellectual property representation services include:

• Represent organizations and individuals before competent state agencies in establishing and ensuring the enforcement of intellectual property rights;
• Advising on issues related to procedures for establishing and enforcing intellectual property rights;
• Other services related to procedures for establishing and enforcing intellectual property rights.

Conditions for establishing an intellectual property representation service company in Vietnam

Conditions for provision of intellectual property representation services

Organizations satisfying the following conditions may provide industrial property representation services in the name of industrial property representation service organizations:

• Being enterprises, cooperatives, law practice organizations, scientific and technological service organizations established and operating in accordance with law, except for foreign law practicing organizations practicing in Vietnam;
• Having the function of providing industrial property representative services recorded in the Business Registration Certificate, Operation Registration Certificate (hereinafter collectively referred to as the Business Registration Certificate);
• The head of the organization or the person authorized by the head of the organization must satisfy the conditions for practicing industrial property representation services.

Conditions for heads of intellectual property service companies

• The head of the company includes: the director or general director of the company or the owner of a private enterprise (in the absence of authorization) or an individual working at the enterprise (in case authorized by the head of the organization). The above individuals must fully meet the following conditions to be allowed to practice industrial property representation services.
• Having a certificate of practicing industrial property representation services;
• Activities for an industrial property representation service organization.

Note the conditions for individuals to be granted certificates of practicing industrial property representation services

Individuals who satisfy the following conditions shall be granted certificates of practicing industrial property representation services:

• Being a Vietnamese citizen with full civil act capacity;
• Permanent residence in Vietnam;
• Have a university diploma;
• Have directly worked on industrial property law continuously for five years or more or have directly done the appraisal of industrial property applications at the national or international agency for industrial property continuously for five years or more or have graduated from the legal training course on industrial property approved by the agency have the authority to recognize.
• Not being civil servants or public employees working at state agencies competent to establish and ensure the enforcement of industrial property rights.
• Have passed the examination on industrial property representation organized by a competent agency.

Scope of rights of intellectual property representatives in Vietnam

• An industrial property representation service organization may only perform services within the scope of authorization and may re-authorize another industrial property representative service organization, if approved in writing by the authorized person.
• An industrial property representation service organization may renounce industrial property representation activities if it has lawfully transferred the unfinished representation work to another industrial property representative service organization.
• Industrial property representatives may not carry out the following activities:
• At the same time, represent the parties to dispute with each other about industrial property rights.
• Withdraw an application for a protection certificate, declare a waiver of protection, withdraw a complaint about the establishment of industrial property rights if not permitted by the authorized representative.
• Deceiving or coercing customers in entering into and performing industrial property representation service contracts.

Responsibilities of industrial property representatives in Vietnam

• Clearly announce amounts, fees and charges related to procedures for establishing and ensuring the enforcement of industrial property rights, amounts and service charges according to the service fee list registered at the state management agency in charge of industrial property rights.
• Keep confidential assigned information and documents related to the case they represent.
• Truthfully and fully inform all notices and requests of competent state agencies establishing and ensuring the enforcement of industrial property rights; timely delivery of protection diplomas and other decisions to the represented party.
• To protect the legitimate rights and interests of the represented party by promptly responding to requests of competent state agencies to establish and ensure the enforcement of industrial property rights against the represented party;
• Notify competent state agencies establishing and ensuring the enforcement of industrial property rights of any changes in name, address and other information of the represented party when necessary.
• Industrial property representative service companies shall bear civil liability to the represented person for representation activities performed by the industrial property representative on behalf of the organization.

Procedures for establishing an intellectual property representation service company in Vietnam

Step 1: Prepare company establishment documents

A dossier of establishment of an enterprise providing intellectual property representation services includes:

• Application for business registration;
• The company’s charter;
• List of members or shareholders of the company (if it is a limited liability company with two or more members or a joint-stock company);
• Copies of documents: copies of citizen identity cards, identity cards, households or other lawful personal identification of founding members or shareholders; A copy of the company’s establishment decision, business registration certificate or other equivalent document of the organization; a copy of a valid identity card or passport of the legal representative of the organization;
• Other required documents (if any)
• Power of attorney for Viet An Law Firm.

Step 2: Submit the application to the business registration office

• A dossier of registration for establishment of an intellectual property representative service company shall be submitted to the Business Registration Office through the National Business Registration Portal for content appraisal.
• Procedures for payment of fees for disclosure of business registration information will be carried out in parallel with the procedures for submitting enterprise establishment dossiers.
• Within 03 working days, the Business Registration Office shall reply to the applicant about the validity of the dossier, notify the change and supplement the dossier (if any).

Step 3: Issuance of business registration certificate

The time limit for issuance of an enterprise registration certificate is 03 working days from the date of receipt of a valid application.

Step 4: Carry out the following procedures after establishing an intellectual property representative service company

• Engraving of seals;
• Hang a sign at the company headquarters;
• Open a bank account of the enterprise and notify the competent state agency;
• Registration of electronic digital signatures for electronic tax payment;
• Declare and pay license tax;
• Print and order invoice printing;
• Make full capital contribution on time within 90 days from the date of issuance of business registration.

Procedures for applying for an intellectual property representative practice certificate in Vietnam

Step 1: Drafting an application for an intellectual property representative practice certificate

A dossier of application for an intellectual property representative practice certificate includes:

• 02 copies of the declaration requesting recognition of the industrial property representative service organization according to the form;
• List of members having certificates of practicing industrial property representative services of the organization; enclosed with a copy of the recruitment decision/labor contract for each of the above members;
• A copy of the business registration / operation registration certificate of the organization;
• Table of fees for industrial property representation services of the organization;
• Written authorization of the representative of the head of the organization to one of the members of the above-mentioned list (if necessary);
• Copy of documents of payment of fees and charges (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property

Step 2: Apply

The requested dossier can be submitted in person or by post to the headquarters of the National Office of Intellectual Property in Hanoi or 2 representative offices of the Department in Ho Chi Minh City and Da Nang.

Step 3: Application processing

• If the dossier is valid, the National Office of Intellectual Property shall issue a decision to issue a practicing certificate and issue a practice certificate to the applicant, record it in the National Register of Industrial Property Representation and publish it in the Official Gazette of Industrial Property.
• In case the dossier has deficiencies, the National Office of Intellectual Property issues a notice of intention to refuse to record, so that the company can correct the deficiencies of the dossier or have objections.

Please refer to the conditions for establishing an Intellectual Property representative service company, if there are any difficulties, please contact Viet An Law Firm for specific support!