First of all, we need to understand, what is industrial property rights? According to Clause 4, Article 4 of the Intellectual Property Law 2015: “Industrial property rights are the rights of organizations and individuals to inventions, industrial designs, semi-conductor integrated circuit layout designs, trademarks and names. trade, geographical indications, business secrets created or owned by them, and the right to fight unfair competition. ”.
Currently, in order to protect their “spiritual children”, many industrial property owners have applied for industrial property registration of inventions, industrial designs, trade names, etc. In the context of this article we will introduce some issues related to the registration of industrial property rights as follows:
Stage 1: Filing industrial property right registration application
About how to apply for registration of industrial property rights
specified in Clause 3, Article 89 of the 2019 Law on Intellectual Property, according to which “Application for establishment of industrial property rights is filed in the form of paper form to the state administrative authority of industrial property rights. or electronically under the online filing system. “. According to Article 100 of this Law, an industrial property right registration application includes:
A registration form made according to a set form;
Documents, specimens and information showing industrial property objects registered for protection prescribed in Articles 102 thru 106 of this Law;
Power of attorney, if the application is filed through a representative;
Documents proving the right to registration, if the applicant enjoys that right of another person;
Documents proving the priority, if there is a claim for priority;
Receipt of fees and charges.
Stage 2: The state administrative authority of industrial property rights examines the application.
After the industrial property registration application has been received and considered valid, the state administrative authority of industrial property rights shall issue a notice of acceptance of the valid application or carry out the procedures for granting protection titles and record in the layout design registration application the national register of industrial property according to the provisions of Article 118 of this Law.
The trademark registration application is subject to Clause 3, Article 109 of the 2019 Law on Intellectual Property, such as: The application does not meet the formality requirements; The object stated in the application is not a protected object; The applicant does not have the right to register, even if the right to registration belongs to many organizations and individuals but one or several of them disagree with the application; The application was filed in contravention of the provisions on the method of filing stipulated in Article 89 of this Law; An applicant who fails to pay fees and charges is deemed not to have been submitted, unless the application is used as a basis for claiming the right of priority.
Stage 3: Publication of industrial property registration applications
According to Article 110 of the Intellectual Property Law
An industrial property registration application which has been accepted by a state administrative authority of industrial property rights is published in the Industrial Property Official Gazette as follows:
– An invention registration application shall be published in the nineteenth month from the date of filing of the application or from the priority date for the application of priority right or at an earlier time upon the request of the applicant.
– An industrial design registration application, a trademark registration application, a geographical indication registration application shall be published within two months from the date the application is accepted as a valid application.
– The layout design registration application is published in the form of allowing direct lookup at the state management agency in charge of industrial property rights but may not be reproduced; For confidential information in applications, only competent agencies and concerned parties in the process of carrying out procedures for invalidation of protection titles or the process of carrying out procedures for handling infringements of rights can only look up
Basic information on layout design registration applications and layout design protection titles shall be publicized within two months from the date of issuance of protection titles.
Above are steps for registering industrial property rights, looking forward to bringing you satisfaction, ask us questions when you need support.
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