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New notification from VNIPO extending the due dates related to establishment Industrial property rights until 30 November 2021


On 09 September 2021, the Intellectual Property Office of Viet Nam (VNIPO) issued the new Notification No. 8181/TB-SHTT dated 09/09/ 2021 according to which:

“All procedures related to the establishment of industrial property rights, namely, requests claiming priority rights, provision of supplementary documents, responses to VNIPO’s decisions/notifications, requests for annuities/renewal of the validity of protection titles, payment of all types of fees and charges, lodgment of appeals, which are due in the period from 30 June 2021 to 31 October 2021, shall be automatically extended to 30 November 2021.

In other cases, applicants who are still suffering from impacts of Covid-19 pandemic which prevent them from exercising their rights and/or performing their obligations in the procedures for establishment of the industrial property rights with the VNIPO shall have the right to request the application of regulations on objective obstacles or force majeure provided for at Points 9.4, 9.5 of Circular No. 01/2007/TT-BKHCN amended by Circular No. 16/2016/TT-BKHCN.”

The new notification has been issued in view of the Covid-19 pandemic situation remaining complicated in Vietnam. Recently, on 3 September 2021, Hanoi decided to continue its strict social distancing policy until 6 a.m. 21 September 2021 with stronger measures for prevention and control of the pandemic; at the same time, Ho Chi Minh City and many other Southern provinces and cities of Vietnam are still put under strict social distancing policy at least until 15 September 2021.

This is another action from VNIPO in its effort to minimize the disadvantages caused by Covid-19 to applicants/industrial property right owners relating to the procedures for establishment of industrial property rights. Previously, on 2 August 2021, VNIPO already issued Notification no. 7581/TB-SHTT according to which all procedures related to the establishment of industrial property rights which were due in the period from 30 June 2021 to 31 August 2021, were allowed to be extended to 30 September 2021.

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