Vietnam’s intellectual property (IP) landscape is witnessing significant improvements, particularly in the appeal process for IP decisions. Recent regulatory changes and the establishment of new departments aim to streamline and expedite the resolution of appeals, which have historically been lengthy and cumbersome.
1. Establishment of the Inspection and Appeal Department
On 1st July 2024, the Vietnam IP Office introduced the Inspection and Appeal Department through Decision No. 575/QD-SHTT. This department is tasked with handling appeals and providing expert opinions, amongst others. The creation of this department is a strategic move to address the backlog of appeal cases and improve the efficiency of the appeal process.
2. Circular No. 23/2023/TT-BKHCN
Issued on 30th November 2023, Circular No. 23/2023/TT-BKHCN by the Ministry of Science and Technology provides detailed guidance on several articles of the amended 2022 IP Law. Key highlights include:
• Expanded Scope of Appeals: The circular broadens the range of appealable decisions, now including those related to international industrial designs and invalidation actions.
• Acceptance of New Facts: It relaxes the “no-new-fact” principle, allowing new facts that existed during the examination period but were unknown to be considered during appeals.
• Handling Objections: The circular outlines the process and timelines for handling objections to industrial property registration applications.
• Use of Foreign Examination Results: It outlines the use of substantive examination results from foreign patent offices as references in Vietnam.
3. Improved Communication and Efficiency
The IP Office has also made strides in improving communication by sending notifications via email, followed by original documents by courier. This change is expected to speed up the appeal process and reduce delays caused by traditional mail.
These developments signal a positive shift in Vietnam’s IP appeal process, promising a more efficient and transparent system for resolving IP disputes. As these changes take effect, stakeholders can expect a more responsive and streamlined approach to IP appeals in Vietnam.