Circular No. 04/2009/TT-BKHCN amends and supplements Circular No. 01/2008/TT-BKHCN on the issuance and revocation of Industrial Property Appraiser Cards and Certificates of Organizations Meeting Conditions for Industrial Property Appraisal Activities. This Circular provides detailed regulations on the establishment of the Examination Board, evaluation of examination results, sample application forms for registration to take the examination, and it takes effect from May 27, 2009.
핵심 사항
- The Examination Board for Industrial Property Appraisal is established upon the proposal of the Director of the National Office of Intellectual Property, with the Chairman being either the Director or the Deputy Director authorized.
- Results of the exemption examination and test scores are approved by the Chairman of the Examination Board; such results must be notified to the applicant not later than 30 days before the examination date. Those who do not meet the exemption criteria must pay the fee to take the examination.
- The application form for registration to take the Industrial Property Appraisal examination is replaced by a new form issued together with this Circular.
- This Circular takes effect from May 27, 2009, 45 days after its promulgation date.
- The applicant for the examination must commit that the information and documents in the application are true and accurate and bear responsibility under the law.
🌐 이 문서의 사회적 영향
- Positive impact: Clear regulations on the examination process help improve the quality of industrial property appraisal.
- Negative impact: Applicants who do not meet the exemption criteria must pay fees, increasing costs for individuals and organizations.
❓ 자주 묻는 질문
Who establishes the Examination Board?
The Examination Board is established upon the proposal of the Director of the National Office of Intellectual Property, with the Chairman being either the Director or the Deputy Director authorized.
Can applicants be exempted from the examination?
Yes, applicants may be exempted from the examination according to the criteria specified in Points b and c Clause 1 Section II of this Circular. The result of the exemption examination must be notified to the applicant not later than 30 days before the examination date.
When must applicants pay the fee?
Those who do not meet the exemption criteria for a particular subject must take that subject's examination during the registered examination period, provided they pay the prescribed fee.
What is the new application form like?
The new application form replaces the old form in Appendix I of Circular No. 01/2008/TT-BKHCN and is issued together with this Circular.
When does this Circular take effect?
This Circular takes effect from May 27, 2009, 45 days after its promulgation date.
전문
CIRCULAR
AMENDMENTS AND SUPPLEMENTS TO CIRCULAR NO. 01/2008/TT-BKHCN OF FEBRUARY 25, 2008 GUIDING THE ISSUANCE AND REVOCATION OF INDUSTRIAL PROPERTY VALUATION CERTIFICATES AND LICENSES FOR ORGANIZATIONS MEETING THE REQUIREMENTS FOR INDUSTRIAL PROPERTY VALUATION ACTIVITIES
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Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;
Pursuant to Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Intellectual Property Law on the protection of intellectual property rights and state management of intellectual property;
The Minister of Science and Technology amends and supplements Circular No. 01/2008/TT-BKHCN dated February 25, 2008 guiding the issuance and revocation of Industrial Property Valuation Certificates and Licenses for Organizations Meeting the Requirements for Industrial Property Valuation Activities as follows:
1. Amend Point a Clause 2 Section II of Circular No. 01/2008/TT-BKHCN as follows:
“2. The Professional Examination Board for Industrial Property Valuation
a) The Minister of Science and Technology issues a decision to establish the Professional Examination Board for Industrial Property Valuation (hereinafter referred to as the "Examination Board") based on the proposal of the Director of the National Office of Intellectual Property. The Chairman of the Examination Board is the Director of the National Office of Intellectual Property or a Deputy Director authorized by the Director; members of the Examination Board include those with experience and reputation in the field of industrial property.”
2. Amend Point a Clause 6 Section II of Circular No. 01/2008/TT-BKHCN as follows:
“6. Evaluation of examination results
a) The Examination Board considers exemption from examination according to the criteria specified in Points b and c Clause 1 Section II of this Circular; grades examination papers according to the answers and grading scale of the examination questions. The results of the exemption from examination and the examination paper grades are approved by the Chairman of the Examination Board.
The results of the exemption from examination shall be notified to the applicant not later than 30 days before the examination date. Those who do not meet the exemption criteria for any subject must take that subject during the registered examination period, provided they pay the required fee.”
3. Replace the application form for registration to take the professional examination for industrial property valuation at Appendix I of Circular No. 01/2008/TT-BKHCN with the application form at Appendix I issued together with this Circular.
4. This Circular shall take effect 45 days from the date of issuance.
During the implementation process, if there are any difficulties, organizations and individuals are requested to report to the Ministry of Science and Technology for research and adjustment to ensure compliance./.
ANNEX I
APPLICATION FORM FOR REGISTRATION TO TAKE THE PROFESSIONAL EXAMINATION FOR INDUSTRIAL PROPERTY VALUATION
(Issued together with Circular No. 04/2009/TT-BKHCN dated March 27, 2009 of the Minister of Science and Technology)
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Application for registration of groundwater extraction works (for cases of extracting water for purposes with a scale not exceeding 10 m Respectfully submitted to: National Office of Intellectual Property The individual below registers to take the professional examination for industrial property valuation |
RECEIPT STAMP |
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Full name: Fax: Email/Website: |
APPLICANT |
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CONTENTS OF REGISTRATION |
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SUBJECTS FOR EXAMINATION |
REQUEST FOR EXEMPTION FROM EXAMINATION |
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0 Industrial Property Law |
0 |
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0 Examination of Patent and Integrated Circuit Layout Design |
0 |
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0 Examination of Industrial Design |
0 |
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0 Examination of Trademark and Geographical Indication |
0 |
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0 Examination of Other Industrial Property Rights |
0 |
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DOCUMENTS ATTACHED WITH THE APPLICATION |
CHECKLIST OF DOCUMENTS |
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0 Application form |
0 |
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0 Certified copy of bachelor's or postgraduate degree diploma |
0 |
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0 Technical major; physical, chemical, biological sciences |
Staff receiving applications |
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0 Other majors |
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0 Certificate of work experience (if the applicant requests exemption from a subject) |
0 |
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0 Two photos measuring 3x4 cm |
0 |
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0 Proof of payment of fees |
0 |
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APPLICANT'S COMMITMENT |
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I hereby certify that all information and documents in this application are true and accurate and I fully accept responsibility under the law. Declared at: ...on...day...month...year... |
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Note: In this application form, the applicant marks "x" in the square 0 if the information listed after the square is applicable.
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