Functions and Tasks

On 04/9/2018, the Minister of Science and Technology (MOST) signed the Decision No. 2525/QD-BKHCN issuing the Charter on organization and operation of the Intellectual Property Office of Viet Nam as the replacement for the Decision No. 69/QD-BKHCN dated 05/01/2014. According to the new Charter, the Intellectual Property Office of Viet Nam is a subordinate organization of the Ministry of Science and Technology, assuming functions of giving advice and assistance to the Minister of Science and Technology in consistently undertaking state management on intellectual property; directly carrying out state management and organizing the implementation of service activities on industrial property in accordance with the laws and legal regulations. The Intellectual Property Office of Viet Nam is used as international transaction name (“IP Viet Nam” is its acronym).

IP Viet Nam assumes the following functions and tasks:

- Chairing, coordinating with relevant agencies to draft legal documents, mechanism and policies on intellectual property; instructing, monitoring and organizing the implementation of the legal documents after being approved by competent agencies.

- Issuing within competence professional guidance, internal documents, and specialized documents under the Office’s management scope; guiding, monitoring the operation and enforcement of laws and regulations by associations in the field of industrial property; proposing measures to competent state agencies to handle legal violations; collecting opinions of associations with regard to improving legislation and developing intellectual property activities.

- Implementing procedures for establishment of industrial property rights, registration of license agreements and carrying out other procedures relating to the protection titles of industrial property rights as stipulated by laws.

- Managing activities on industrial property representation and assessment nationwide as stipulated by laws.

- Taking measures in the field of intellectual property to conduct the management, support and promotion of initiative and innovation activities nationwide as stipulated by laws.

- Developing, managing industrial property databases; developing search tools, providing guidance on searching and using industrial property information; making public industrial property rights protected in Viet Nam; organizing the provision of industrial property information for the state management activities, professional activities, scientific research, development of technology, production and business activities.

- Taking measures to protect legitimate rights of the State, organizations and individuals in the field of industrial property; handling appeals concerning the acquisition of industrial property rights of agencies, organizations and individuals as stipulated by laws; participating in the settlement of industrial property disputes; providing professional opinions for the settlement of industrial property disputes and legal violations.

- Chairing, coordinating with relevant agencies to carry out intellectual property awareness, dissemination and education activities and to strengthen knowledge on intellectual property.

- Advising on the establishment, protection, management and development of values of industrial property rights according to the laws and legal regulations; supporting the application and licensing of patents to promote the development of production and business.

- Carrying out international cooperation activities on industrial property; participating in negotiations to sign, accede and organize the implementation of general international treaties on intellectual property; proposing measures to solve national disputes relating to intellectual property.

- Organizing and managing the provision of public services on industrial property as stipulated by laws.

- Organizing scientific researches and statistics on industrial property; summarizing and reporting about intellectual property protection, proposing specific policies and measures to improve the effectiveness of intellectual property system and ensure the consistency of the state management on intellectual property

17 Subordinate Units

Under the new Charter, IP Viet Nam consists of 17 subordinate units (a decrease of 4 units compared with the former Charter), namely:

- General Administration Office;

Planning - Finance Division;

Organization and Personnel Division;

- Registration Division;

- Legislation and Policy Division;

- International Cooperation Division;

- Enforcement and Appeal Division;

- Branch Office in Ho Chi Minh City;

- Branch Office in Da Nang City;

- Patent Examination Center;

- Industrial Design Examination Center;

- Trademark Examination Center;

- Geographical Indication and International Trademark Examination Center;

- Post Registration Examination Center;

- Industrial Property Information Center;

- Information Technology Center; and

- Intellectual Property Training and Consultation Center.

The centers are public units under IP Viet Nam, being legal entities with own seals to perform the operation and transaction in accordance with the laws and legal regulations.

See full text of the Decision No. 2525/QĐ-BKHCN of September 04, 2018 here.

Intellectual Property Office of Viet Nam