Circular No. 23/2023/TT-BKHCN, Guiding the Implementation of the Law on Intellectual Property and Decree No. 65/2023/ND-CP on Industrial Property Rights

1. Scope and Applicable Entities

This Circular provides detailed guidance on procedures for establishing industrial property rights, ensuring transparency of industrial property information, and measures for enforcement. It applies to all organizations and individuals involved in registration, appeals, or resolution of appeals related to the establishment of industrial property rights.

2. Time Limits for Substantive Examination of Applications

• The time limits for substantive examination are specified under Clause 2, Article 119 of the Law on Intellectual Property.

• Periods for applicants to respond to notices from the Intellectual Property Office are not counted within the official examination period.

• If the applicant voluntarily amends or supplements the application, the examination period may be extended accordingly as per Clause 4, Article 119.

3. Authorization and Representation

• Authorization (including re-authorization) for carrying out procedures related to industrial property rights must comply with the Civil Code 2015 and Article 107 of the IP Law.

• Applicants or complainants may change their representatives by submitting a written declaration.

• Representatives may delegate to others, provided the new representative meets the requirements under Article 4 of this Circular.

4. Handling of Third-Party Opposition

• Any third party may file an opposition against the granting of protection titles before such titles are issued.

• The Intellectual Property Office will notify the applicant and set a 2-month deadline for a written response.

5. Grounds for Invalidation of Protection Titles

• Protection titles may be invalidated if the granted scope exceeds what was disclosed in the original patent specification, or if a trademark registration was made in bad faith.

6. Repeal of Previous Regulations

This Circular repeals and replaces earlier guidance including Circulars No. 01/2007/TT-BKHCN, No. 18/2011/TT-BKHCN, No. 05/2013/TT-BKHCN, and No. 16/2016/TT-BKHCN.