Authorization to handle violations of industrial property rights

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SUMMARY OF KEY CONTENTS

1. Authorization of representation related to industrial property procedures.

2. Authorization to handle violations of industrial property rights.

1. Representative authorization related to industrial property procedures

• According to Article 107 of the Law on Intellectual Property, the authorization of representation in procedures related to industrial property rights is as follows:
• The authorization to carry out procedures related to the establishment, maintenance, extension, modification, termination or invalidation of a protection title must be made in writing. 

The power of attorney must contains the following principal contents:

• Full name and address of the authorizing party and the authorized party;
• Scope of authorization;
• Authorization term;
• Date of making power of attorney;
• Signature, seal (if any) of the authorizing party.
• A power of attorney without an authorization term is considered valid indefinitely and only ceases to be effective when the authorizing party declares the termination of the authorization.

2. Authorization to handle violations of industrial property rights

• According to Article 23 of Decree No. 99/2013/ND Decree on sanctioning of administrative violations in the field of industrial property, the authorization of request for handling of violations is as follows: 

• If an industrial property right holder does not directly file a request for handling of a violation, he or she may authorize the head of his/her representative office, branch, agent or industrial property representative in Vietnam to carry out procedures for requesting handling of violations specified in this Decree.
• The authorization must be made in writing in the form of a power of attorney or an authorization contract.
  • The power of attorney of an organization or individual in Vietnam must bear the signature of the authorized representative of the authorizing party and the authorization seal of the authorizing party, if there is a legally registered seal.
  • The power of attorney of a foreign organization or individual must be certified by a notary public or a local government or consulate, or in another form that is considered lawful according to the law of the place where the authorization is made. 
• The power of attorney submitted together with the request for handling of violations must be the original. A written authorization made in a foreign language must be accompanied by a Vietnamese translation certified by the local government or a commitment and certification of the industrial property representative who is the authorized party.
  • In case the power of attorney is a copy of the original of the power of attorney submitted in the previous dossier to the same agency handling violations, it is also considered valid, provided that the applicant must specify the application number submitted and the original of the power of attorney directed are still valid and true to the content of the authorization.
• The power of attorney is valid in the procedures for establishing rights as prescribed in Article 107 of the Intellectual Property Law, clearly stating the authorization contents, including procedures for enforcement and protection of industrial property rights in Vietnam. also have legal validity in the procedures for requesting handling of violations as prescribed in this Decree.
• The authorization term is determined according to the time limit stated in the authorization document. In case the authorization document does not specify the time limit, the authorization period is considered to be valid indefinitely and will only cease to be effective when the authorizing party declares the termination of the authorization.  

• In a nutshell, the legal representative of organizations or individuals can completely authorize the head of their representative office, branch, agent or industrial property representative in Vietnam to carry out the procedures. procedures for handling violations of industrial property rights.
• Above is the content of Authorization to handle intellectual property rights violations that Thinh Tri Law Firm sent to you. If you have any questions, please contact us via our hotline 1800 6365 for advice.