Vietnam: COVID-19 - Notice of the Intellectual Property Office of Vietnam (VNIPO) on the extension of statutory deadlines (August 2021)

In brief

To support applicants during the COVID-19 outbreak in Vietnam, on 2 August 2021, the Intellectual Property Office of Vietnam (VNIPO) issued Notice No. 7581/TB-SHTT (“Notice No. 7581”) granting the automatic extension of certain deadlines related to the establishment procedures of industrial property rights (IPR) in Vietnam. 


Contents

In more detail

1. New deadline

According to Notice No. 7581, all statutory deadlines that fall into the prescribed categories (see Section 2 below) are automatically extended until 30 September 2021.

2. Types of deadlines that will enjoy the extension

Statutory deadlines falling between 30 June and 31 August 2021 are automatically extended until 30 September 2021 for the following categories:

  • Claim of priority rights
  • Supplement of documents
  • Responses to the VNIPO’s decisions/notices
  • Maintenance or renewal of patents or registrations
  • Payment of official fees
  • Filing of appeals

In other cases, if applicants pursuing the establishment of IPRs at the VNIPO are also affected by the COVID-19 situation, they may file a request for deadline extension under the regulations on force majeure and objective obstacles. Detailed guidance in Points 9.4 and 9.5 of Circular 01/2007/TT-BKHCN (as amended and supplemented under Circular No. 16/2016/TT-BKHCN) on certain provisions of the Intellectual Property Law pertaining to industrial property contain these regulations.

***

Please do not hesitate to contact us if you have any questions.

Contact Information
Hoa Tran
Special Counsel
Hanoi
hoa.tran@bmvn.com.vn
Thuy Ninh
Special Counsel
Hanoi
thanhthuy.ninh@bmvn.com.vn
Dzung Pham
Special Counsel
Hanoi
dung.pham@bmvn.com.vn

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.