Decree No. 06/2001/ND-CP amends and supplements certain provisions of Decree No. 63/CP dated October 24, 1996 of the Government detailing intellectual property ownership.

DECREE

Amending and supplementing some articles of Decree No. 63/CP dated October 24, 1996 of the Government on detailed regulations on industrial property

The detailed regulations on industrial property issued by the Government

__________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated September 30, 1992;

Pursuant to the Civil Code dated October 28, 1995 and the Resolution of the National Assembly, the ninth session, eighth meeting, on the implementation of the Civil Code;

Pursuant to the Law on Complaints and Petitions No. 09/1998/QH10 dated December 2, 1998;

To contribute to strengthening full and effective protection of industrial property rights for inventions, utility models, industrial designs, trademarks, and geographical indications;

At the proposal of the Minister of Science, Technology, and Environment,

DECREE:

Article 1. Amending and supplementing some articles of Decree No. 63/CP dated October 24, 1996 of the Government on detailed regulations on industrial property (hereinafter referred to as Decree No. 63/CP) as follows:

1. Article 1 of Decree No. 63/CP shall be amended as follows:

"Article 1. Purpose and scope of regulation

This Decree provides detailed regulations on industrial property to guide the implementation of provisions on industrial property rights in Chapter II and provisions on the transfer of industrial property rights in Chapter III, Part VI of the Civil Code adopted by the National Assembly of the Socialist Republic of Vietnam on October 28, 1995.

The provisions of this Decree shall apply only to inventions, utility models, industrial designs, trademarks, and geographical indications, and shall not apply to other objects of industrial property.

2. Clause 8A and Clause 8B shall be added to Article 2 of Decree No. 63/CP as follows:

"8A. 'Linked trademarks' are trademarks that are similar to each other registered by the same subject for products and services of the same type, similar types, or related types, and identical trademarks registered by the same subject for similar products and services or related types.

8B. 'Well-known trademark' is a trademark used continuously for products and services with reputation, making the trademark widely known."

3. The last part of Clause 4 of Article 4 of Decree No. 63/CP shall be amended and a new paragraph added at the end of the clause as follows:

"- Methods of disease prevention, diagnosis, and treatment for humans and animals;

- Biological processes (excluding microbiological processes) for producing plants and animals."

4. Subparagraph f of Clause 1 of Article 6 of Decree No. 63/CP shall be amended as follows:

"f) Not identical or not similar to the extent of causing confusion with another person's trade name which is protected, or with a geographical indication (including a geographical indication for goods) which is protected;"

5. Article 8 of Decree No. 63/CP shall be supplemented with Clause 3 as follows:

"3. Industrial property rights for well-known trademarks arise based on the decision recognizing the well-known trademark by the competent state agency."

6. Article 9 of Decree No. 63/CP shall be amended and supplemented with Clause 3 as follows:

"Article 9. Certificate of protection, registration of geographical indication for goods, acceptance of protection of international trademark applications, and recognition of well-known trademarks".

1. The certificate of protection issued by the competent state agency is the sole document of the State confirming the industrial property rights of the entity granted the certificate, the authorship rights of the inventor of the invention, utility model, or industrial design, and confirming the scope of protection for the industrial property rights.

The certificate of protection is valid throughout the territory of the Socialist Republic of Vietnam.

The Intellectual Property Office under the Ministry of Science, Technology, and Environment is the competent state agency referred to herein.

2. Types of certificates of protection and their validity periods

a) The certificate of protection for an invention is the Patent Certificate, valid from the date of issuance until 20 years from the filing date of the application;

b) The certificate of protection for a utility model is the Utility Model Certificate, valid from the date of issuance until 10 years from the filing date of the application;

c) The certificate of protection for an industrial design is the Design Certificate, valid from the date of issuance until 5 years from the filing date of the application, which may be extended twice consecutively, each time for 5 years;

d) The certificate of protection for a trademark is the Trademark Registration Certificate, valid from the date of issuance until 10 years from the filing date of the application, and may be extended consecutively multiple times, each time for 10 years;

e) The certificate of protection for a geographical indication is the Certificate of Right to Use Geographical Indication, valid indefinitely from the date of issuance.

3. Decision on acceptance of protection of geographical indications, international trademark applications, and well-known trademarks

The decision on registering geographical indications, the decision on accepting protection of international trademark applications, and the decision on recognizing well-known trademarks issued by the competent state agency serve as the basis for confirming that the corresponding geographical indications and trademarks are protected by the State and determining the scope of protection for these objects.

The Intellectual Property Office under the Ministry of Science, Technology, and Environment is the competent state agency referred to herein.

7. Article 10 of Decree No. 63/CP shall be amended as follows:

"Article 10. Term of protection; temporary rights of owners of inventions, utility models, and industrial designs

1. Industrial property rights and the rights of authors of inventions, utility models, and industrial designs arise based on the certificate of protection issued by the State and are protected from the date of issuance of the certificate of protection until the end of its validity period or until the date when the certificate of protection ceases to be effective.

Industrial property rights for trademarks arising from international registration are protected from the date of publication of the international trademark registration in the World Intellectual Property Organization's International Trademark Gazette until the end of the validity period of the international registration according to the Madrid Agreement.

Industrial property rights for well-known trademarks are protected indefinitely from the date the trademark is recognized as well-known in the decision recognizing the well-known trademark.

Geographical indications are protected indefinitely from the date the competent state agency issues the decision on registering the geographical indication, except in cases where factors appear that eliminate the distinctive character as provided for in Clause 2.e) of Article 28 of this Decree.

2. From the date of publication of the application for registration of an invention patent, utility solution, industrial design in the Industrial Property Gazette to the date of issuance of the protection certificate, if someone begins using the invention, utility solution, industrial design identical with those mentioned in the application, the applicant has the right to notify the user about the filing of the application. If the user continues to use the invention, utility solution, or industrial design despite being notified, then after the issuance of the protection certificate, the holder of the protection certificate has the right to request the user to pay compensation equivalent to the fee for transferring the right to use the corresponding industrial property object (license) during the corresponding period.

8. Clause 1 of Article 11 of Decree 63/CP shall be amended as follows:

"1. An application for registration of a protection certificate is a set of documents expressing the applicant's request for the issuance of a protection certificate for an invention patent, utility solution, industrial design, trademark, geographical indication with corresponding scope and content of protection, or the request for registration of a geographical indication, recognition of a well-known trademark."

9. Article 13 of Decree 63/CP shall be amended in title and supplemented with Clause 1 as follows:

"Article 13. Conversion of an application for registration of an invention patent into an application for registration of a utility solution and vice versa

1. During the time before the examination of the content ends, upon the request of the applicant, an application for registration of an invention patent may be converted into an application for registration of a utility solution and vice versa. All data regarding the filing date and priority date of the application will be determined based on the application prior to conversion. The applicant must pay the conversion fee.

2. Within three months from the date of notification of refusal to grant a patent, upon the request of the applicant, an application for registration of an invention patent may be converted into an application for registration of a utility solution. All related data concerning the filing date and priority date of the application will not be changed. If the application for registration of an invention patent is converted, the application fee and examination fee already paid will not be refunded, and the applicant must pay the conversion fee.

10. Clause 3 of Article 14 of Decree 63/CP shall be supplemented with sub-clause d as follows:

"d) Any organization or individual conducting business within the territory corresponding to the name of the geographical indication, administrative agencies managing the territory corresponding to the name of the geographical indication have the right to file an application for registration of a geographical indication."

11. Clause 2 and Clause 4 of Article 18 of Decree 63/CP shall be amended as follows:

"2. All applications for registration of a protection certificate that have been recognized as valid shall be published in the Industrial Property Gazette."

"4. Procedures, deadlines for formal examination, publication, and substantive examination of applications for registration of a protection certificate shall be prescribed by the Minister of Science, Technology and Environment."

12. Clause 3 of Article 23 of Decree 63/CP shall be amended as follows:

"3. If the applicant for registration of a geographical indication meets the criteria for using a registered geographical indication, the National Office of Intellectual Property shall issue a Certificate of Right to Use a Geographical Indication, which shall clearly state the name and address of the person granted the certificate; the application number for registration of a geographical indication, the filing date; the name of the industrial property service representative organization; the product bearing the geographical indication produced by the person granted the certificate; the geographical indication, registration number, and certificate number."

13. Article 27 of Decree 63/CP shall be amended as follows:

"Article 27. Complaints against decisions related to the establishment of intellectual property rights

1. The following persons have the right to lodge complaints against Decisions and Notifications related to the establishment of intellectual property rights issued by the National Office of Intellectual Property.

a) First complaint:

The applicant for registration of a protection certificate has the right to lodge a complaint with the Director of the National Office of Intellectual Property regarding the rejection of the application or the refusal to issue a protection certificate.

The applicant for international trademark registration under the Madrid Agreement has the right to lodge a complaint with the Director of the National Office of Intellectual Property regarding the refusal of protection in Vietnam.

The applicant for recognition of a well-known trademark has the right to lodge a complaint with the Director of the National Office of Intellectual Property regarding the refusal to recognize a well-known trademark.

Any third party having a direct interest in the issuance of a protection certificate, acceptance of international trademark registration under the Madrid Agreement, or recognition of a well-known trademark has the right to lodge a complaint about it with the Director of the National Office of Intellectual Property.

b) Second complaint, lawsuit:

If dissatisfied with the decision resolving the complaint of the Director of the National Office of Intellectual Property, the first-time complainant has the right to lodge a second-level complaint with the Minister of Science, Technology and Environment or initiate administrative litigation proceedings.

2. The content of the complaint must be in writing, specifying clearly the name and address of the complainant; the number, date of signature, content of the Decision or Notification being complained about; the application number for registration of a protection certificate; the protected object mentioned in the application; the substance, reasoning, and evidence illustrating the reasoning of the complaint; specific requests for correction or revocation of the decision or conclusion concerned.

3. The deadline for lodging the first-level complaint is:

- Ninety days from the date the person entitled to lodge a complaint receives or becomes aware of the Notification of Refusal referred to in Point a) Clause 1 of this Article, or

- Five years from the date the protection certificate, international registration begins to take effect and throughout the entire period of protection of the intellectual property right for a well-known trademark; specifically, for cases where the intellectual property right is established due to the improper motives of the applicant, the complaint period is throughout the entire period the protection certificate, international registration is effective.

The second appeal period is thirty days from the expiration date of the first appeal resolution period specified in Clause 4 of this Article when the first appeal is not resolved, or from the date the person entitled to the second appeal receives or becomes aware of the decision on the first appeal resolution.

In cases where objective obstacles or force majeure prevent the appellant from exercising their right to appeal within the prescribed time limit, the duration of such obstacles shall not be counted towards the appeal time limit.

4. The resolution period for the first appeal is thirty days, and for the second appeal it is forty-five days, calculated from the date of accepting the appeal complaint. For complex cases, the resolution period for the first appeal may be extended up to forty-five days, and for the second appeal up to sixty days, calculated from the date of accepting the appeal complaint. The time spent amending or supplementing the appeal file shall not be included in the aforementioned resolution period.

The appeal complaint shall be processed according to the procedures and formalities stipulated in the Law on Appeals and Complaints. The appellant must pay the appeal fee as prescribed.

14. Point e of Clause 2, Article 28 of Decree 63/CP is amended as follows:

"e) geographical factors that determine the special characteristics have been changed, causing those characteristics to lose their uniqueness; in this case, the Certificate of Right to Use the Geographical Indication Name and the Decision Registering the Geographical Indication Name shall be suspended from the same day pursuant to the decision of the National Office of Intellectual Property;"

15. The first part of Clause 2, Article 29 of Decree 63/CP is amended as follows:

"2. The validity of the Intellectual Property Rights Certificate shall be completely revoked if there is sufficient basis to confirm that the Intellectual Property Rights Certificate was issued contrary to the provisions of the law in effect at the time of issuance with the following reasons:"

16. Article 30 of Decree 63/CP is amended and supplemented with Clause 2 as follows:

"Article 30. Extension of the Validity Period of Industrial Design and Trademark Certificates

1. The validity period of the Certificate of Exclusive Right to Industrial Design and the Certificate of Registration of Trademarks may be extended upon request of the holder of the Certificate.

2. The Minister of Science and Technology shall prescribe the procedures for extending the validity period of the Intellectual Property Rights Certificate.

17. Point a of Clause 2, Article 31 of Decree 63/CP is amended as follows:

"a) Applications for granting Intellectual Property Rights that have been accepted as valid applications;"

18. Clause 2, Article 33 of Decree 63/CP is amended as follows:

"2. The owner who has registered international trademarks under the Madrid Agreement and received protection in Vietnam; the subject having trademarks recognized as well-known trademarks;"

19. Article 38 of Decree 63/CP is abolished Clause 5 and amended Clause 4 as follows:

"4. The transfer of ownership rights over trademarks shall not cause confusion regarding the characteristics or origin of goods or services bearing the trademark.

The transfer of ownership rights over joint trademarks can only be carried out simultaneously for all joint trademarks.

The transfer of ownership rights over well-known trademarks must ensure the maintenance of the reputation of the goods or services bearing the well-known trademark."

20. Article 41 of Decree 63/CP is amended as follows:

"Article 41. Price and Payment Method for the Transfer of Ownership Rights

The price and payment method for the transfer of ownership rights shall be agreed upon by both parties in accordance with the laws on technology transfer.

21. Article 50 of Decree 63/CP is amended Clause 1, Clause 2 and supplemented with Clause 3 as follows:

"Article 50. Rights of Prior Users of Patents, Utility Models, and Industrial Designs

1. If before the filing date of the application for granting Intellectual Property Rights for patents, utility models, or industrial designs, an individual, legal entity, or other subject independently used the patent, utility model, or industrial design without relying on the owner of the intellectual property object, then such individual, legal entity, or other subject retains the right to continue using the intellectual property object within the scope and volume used prior to the filing date ("prior user's right"). The holder of the Intellectual Property Rights or the owner of the intellectual property object cannot exercise the right to demand handling, initiate litigation, or temporary measures against such prior users unless they expand the scope or volume of use beyond what was used prior to the filing date.

2. If after the filing date of the application for granting Intellectual Property Rights mentioned in Clause 1 of this Article, an individual, legal entity, or other subject expands the scope or volume of use of the intellectual property object beyond what was used prior to the filing date, then the expanded portion shall not be considered as part of the prior user's right.

3. A prior user shall not transfer their right to another party except in the case of transferring the entire prior user's right together with the business establishment where the prior use took place.

22. Clauses 2, 3, 6, and 8 of Article 51 of Decree 63/CP are amended and supplemented as follows:

"2. The holder of the intellectual property right shall only be compulsorily licensed without consent in the cases provided for in Article 802 of the Civil Code.

The provision of Clause 1 of Article 802 of the Civil Code does not apply during the four-year period before the end of the filing date of the application for granting Intellectual Property Rights and the three-year period before the end of the grant date of the Intellectual Property Rights.

The person who is compulsorily licensed without consent has the right to request the suspension of the validity of the compulsory license when the situation leading to the compulsory license ceases and is not likely to recur, provided that the suspension does not cause damage to the person granted the compulsory license.

"3. The Ministry of Science and Technology is the competent authority to examine requests for compulsory licensing, issue decisions on compulsory licensing, and issue decisions on suspending the validity of compulsory licenses."

"6. In the decision on compulsory licensing without consent, the Minister of Science and Technology must set conditions for the license that comply with the following provisions:

a) Compulsory license without consent is a non-exclusive license;

b) Compulsory license without consent shall be limited to the extent and duration necessary to achieve the purpose of the license.

c) The person granted the non-voluntary license shall not transfer the right to use under such license to another person except when transferring together with the business establishment using such license and shall not grant a secondary license to another person;

d) The person granted the non-voluntary license must pay the licensor an amount corresponding to the economic value of the right to use under such license or equivalent to the price for transferring a voluntary license under a contract having the same scope and duration as the license.

The decision on granting a non-voluntary license compulsorily shall be published in the Official Gazette of Industrial Property within one month from the date of signing.

"8. The person compelled to grant a non-voluntary license has the right to appeal against the decision on granting a non-voluntary license to the Minister of Science and Technology and Environment.

The person requesting a non-voluntary license has the right to appeal against the decision rejecting the request for a non-voluntary license to the Minister of Science and Technology and Environment.

The provisions on the procedures for appeals and the resolution of appeals stipulated in Article 27 of this Decree shall also apply to appeals to the Minister of Science and Technology and Environment as provided in this clause, wherein the Minister of Science and Technology and Environment is the first-level appeal authority.

If dissatisfied with the decision resolving the appeal of the Minister of Science and Technology and Environment, the appellant has the right to appeal to the Prime Minister pursuant to the Law on Appeals and Complaints, or to initiate litigation according to administrative proceedings.

23. Article 52 of Decree 63/CP shall be amended and supplemented Clause 2 as follows:

"Article 52. Acts not falling within the exclusive rights of the industrial property owner

1. According to Article 803 of the Civil Code, acts of using inventions, utility models, and industrial designs that do not fall within the scope of the exclusive rights of the industrial property owner and the industrial property owner shall not implement the right to request handling or initiating lawsuits stipulated in Article 36 of this Decree against third parties who have carried out the following uses:

a) Use not for commercial purposes;

b) Using products put on the market by the industrial property owner, the person to whom the right to use was transferred, the person granted a non-voluntary license, or the person with prior user rights, including markets abroad;

c) Use solely for the purpose of maintaining the operation of foreign transportation means transiting or temporarily staying in the territory of Vietnam.

2. The provisions at point a) and appropriate contents for trademarks and geographical indications at point b) of Clause 1 of this Article shall also apply to trademarks and geographical indications.

24. Article 53 of Decree 63/CP shall abolish Clause 3 and amend Clause 1 as follows:

"1. When a person who is not the owner of the industrial property object carries out one of the acts of using the industrial property object during the protection period specified in Article 805 of the Civil Code and detailed in Article 34 of this Decree without permission from the owner of the industrial property object, and the person carrying out the act is not a prior user as stipulated in Article 50 of this Decree, and the acts of use mentioned above do not fall within the cases stipulated in Articles 51 and 52 of this Decree, such acts shall be considered as acts infringing upon industrial property rights.

The following acts shall also be considered as infringements of the rights of the industrial property owner:

a) Using an industrial design that does not differ substantially from a protected industrial design;

b) Using a sign identical with a registered trademark for goods or services similar to or related to those listed in the registration of the trademark or using a similar sign for goods or services of the same kind, similar to or related to those listed in the registration of the trademark, if such use may cause confusion about the origin of the goods;

c) Using a sign identical or similar to a well-known trademark, or a sign in the form of a translation or transliteration of the well-known trademark for any goods or services, including goods or services not of the same kind, not similar to, and not related to the goods or services bearing the well-known trademark, if such use may cause confusion about the origin of the goods or create a misleading impression about the relationship between the user of the sign and the subject holding the well-known trademark.

25. Article 55 of Decree 63/CP shall be amended as follows:

"Article 55. Definitions

The concepts used in this Chapter shall be understood as follows:

"Industrial property service representation organization" refers to a business enterprise that has registered to operate industrial property service representation in accordance with the law.

"Industrial property representative" refers to a professional member of an industrial property service representation organization, who has been issued an Industrial Property Representative Card by the National Office of Intellectual Property.

"Representation in industrial property" refers generally to an industrial property service representation organization or/and an industrial property representative.

26. Article 58 of Decree 63/CP shall be amended as follows:

"Article 58. Conditions for engaging in business and practicing intellectual property representation

1. Conditions for issuing Intellectual Property Representative Cards

Only individuals who fully meet the following criteria may be issued an Intellectual Property Representative Card:

- Being a Vietnamese citizen with full capacity to act under civil law;

- Residing permanently in Vietnam;

- Holding a bachelor's degree in law or engineering;

- Possessing a certificate of completion from a formal training program on intellectual property; or having directly worked in specialized legal intellectual property work for at least five consecutive years; or having directly worked in examining various types of intellectual property applications at national or international intellectual property agencies for at least five consecutive years;

- Holding a certificate of passing the current intellectual property law examination conducted by the National Office of Intellectual Property and still within its validity period;

- Not being employed by state agencies or organizations that are not enterprises.

2. Conditions for operating intellectual property representation services

Organizations providing intellectual property representation services must meet the following conditions:

- Being a business established in accordance with enterprise laws;

- Having no foreign investment capital;

- Having the function of conducting intellectual property representation services (recorded in the Articles of Operation and Business Registration Certificate);

- Having at least two officially recognized professional Intellectual Property Representatives, including one person who is the head of the organization or authorized by the head of the organization to represent it.

27 ||| Article 59 of Decree 63/CP is amended and supplemented as follows:

"Article 59. Procedures for issuing Intellectual Property Representative Cards and registering business licenses for intellectual property representation services

1. The procedure for submitting applications for issuance of Intellectual Property Representative Cards, reviewing applications, and issuing such cards is regulated by the Minister of Science and Technology and Environment.

The National Office of Intellectual Property under the Ministry of Science and Technology and Environment is the competent state agency for issuing Intellectual Property Representative Cards.

2. The state agency responsible for registering businesses under enterprise law is the authority to issue business licenses for intellectual property representation services to organizations when they meet the conditions stipulated in Clause 2 of Article 58 of this Decree. Such agency has the right to seek opinions from the National Office of Intellectual Property regarding the ability of enterprises to meet the conditions for operating intellectual property representation services.

After issuing a business license for intellectual property representation services, the issuing agency must notify the National Office of Intellectual Property so that the National Office can record the service organization in the National Register.

Lists of individuals issued Intellectual Property Representative Cards and organizations registered as intellectual property representation services are recorded in the National Register of Intellectual Property.

28 ||| Article 61 of Decree 63/CP is amended as follows:

"Article 61. Revocation of Intellectual Property Representative Cards and business licenses for intellectual property representation services

1. Conditions for revoking Intellectual Property Representative Cards and business licenses for intellectual property representation services

a) The National Office of Intellectual Property shall revoke Intellectual Property Representative Cards and remove names from the list of Intellectual Property Representatives in the following cases:

- The cardholder ceases to engage in intellectual property representation activities;

- The cardholder no longer meets all the criteria set out in Clause 1 of Article 58 of this Decree;

- The cardholder commits serious errors while practicing intellectual property representation, causing damage to the legitimate interests of the represented party or others, or damaging the reputation of state agencies or the State.

b) In the following cases, the National Office of Intellectual Property shall notify the licensing authority to revoke the business license for intellectual property representation services or remove the field of intellectual property representation services from the business scope (if the organization operates in other fields):

- The organization no longer meets all the criteria set out in Clause 2 of Article 58 of this Decree;

- The organization violates legal provisions, especially those in this Chapter.

The licensing authority must notify the National Office of Intellectual Property about the revocation of the business license for intellectual property representation services so that the National Office can remove the name of the revoked organization from the National Register.

2. Decisions to revoke business licenses for intellectual property representation services and Intellectual Property Representative Cards shall be published in the Official Gazette of Intellectual Property.

3. In the case where an intellectual property representation service organization has its business license revoked, all unfinished procedures carried out by the organization may be suspended, and the represented party has the right to resume these procedures within three months from the date of publication of the revocation decision in the Official Gazette of Intellectual Property.

29 ||| The title of Chapter 7 of Decree 63/CP is amended as follows:

"Chapter 7: State Management of Intellectual Property Activities

30 ||| Article 62 of Decree 63/CP is replaced by a new Article 62 as follows:

"Article 62. State Management of Intellectual Property Activities

1. The Government exercises unified state management over intellectual property activities.

2. The content of state management over intellectual property activities includes:

a) Issuing legal regulations, policies, strategies, plans, and programs for the development of intellectual property activities;

b) Organizing procedures for establishing intellectual property rights;

c) Protecting the legitimate rights and interests of the State, organizations, and individuals in the field of intellectual property;

d) Implementing legal regulations and policies on intellectual property;

đ) Organizing intellectual property information activities;

e) Managing advisory and representation services related to industrial property rights;

g) Training and building a team of officials for industrial property activities;

h) International cooperation on industrial property;

i) Directing, inspecting, and supervising the implementation of policies and compliance with laws on industrial property;

k) Resolving complaints and accusations, and handling violations of laws on industrial property."

31. Article 62 and Article 66 of Decree 63/CP shall be merged into new Article 65 as follows:

"Article 65. Protecting national and social interests in industrial property activities

1. The establishment and exercise of industrial property rights shall not infringe upon the interests of the State.

2. Industrial property objects protected as assets of the State when the corresponding industrial property right holder is a state-owned organization or enterprise, or an organization or enterprise with joint venture capital from the State. Such organizations and enterprises have the obligation to protect, maintain the reputation, and develop the value of such assets.

3. Confidential inventions and utility models

a) Inventions and utility models of Vietnam related to national defense, security, or having special economic value shall be considered confidential inventions and utility models.

b) Authors, owners of industrial property objects, and persons involved in the creation, filing, examination of applications for protection, and use of confidential inventions and utility models must keep those inventions and utility models confidential according to regulations on protecting state secrets.

4. Vietnamese geographical indications are national assets. The right to use geographical indications belongs to the owner of the Certificate of Geographical Indication Registration and may not be transferred to others in any form.

5. Only the owner of an industrial property object and only within the term of protection may indicate that a product is protected or under their exclusive right, including indications in the form of symbols, on the product, in advertising, or in transactions for commercial purposes.

If a product is produced under a license, it is mandatory to indicate this fact on the product, in advertising, or in transactions for commercial purposes.

If a product is produced in Vietnam under a foreign license, or carries a trademark that may give the impression of being a foreign trademark or of foreign origin, it is mandatory to clearly mark ("produced in Vietnam") on the product without abbreviation.

32. Clause 1, the first part of Clause 2, Point e of Clause 2, and Point a of Clause 3 of Article 63 of Decree 63/CP shall be amended as follows:

"1. The Ministry of Science, Technology, and Environment assists the Government in performing the unified management function of the State regarding industrial property throughout the country, and is responsible for organizing and directing the implementation of systems, policies, and legal provisions of the State concerning industrial property."

"2. The National Office of Intellectual Property under the Ministry of Science, Technology, and Environment is the State management agency responsible for assisting the Minister of Science, Technology, and Environment in performing the functions set forth in Clause 1 of this Article."

"e) Checking professional qualifications and issuing Intellectual Property Representative Cards and managing the professional aspects of organizations providing representation services for industrial property;"

"3. a) Proposing specific measures to implement State policies on industrial property to the Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees, and organizing the enforcement of these measures; planning and organizing the implementation of plans for developing industrial property activities in sectors and localities;"

33. Clause 2 and Clause 3 of Article 64 of Decree 63/CP shall be amended as follows:

"2. The Ministry of Finance is responsible for coordinating with the Ministry of Science, Technology, and Environment to define the contents and levels of fees and charges for industrial property, and the management and use of such fees and charges."

"3. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries are responsible for reviewing special products; determining cultivation or production areas and distinctive characteristics of agricultural and aquatic products, and proposing local People's Committees to guide relevant individuals and organizations to register geographical indications for such special products; the Ministry of Agriculture and Rural Development is responsible for coordinating with the Ministry of Fisheries and the Ministry of Science, Technology, and Environment to study and propose to the Government to issue regulations on protecting the rights of individuals and organizations creating new plant and animal varieties."

34. Article 65 of Decree 63/CP shall be renumbered as Article 66 and placed in Chapter 7, and shall be amended as follows:

"Article 66. Administrative Violations in Industrial Property

Administrative violations in industrial property shall be handled in accordance with the provisions of Government Decree No. 12/1999/NĐ-CP dated March 6, 1999, on administrative penalties in the field of industrial property, and other relevant legal provisions."

35. The title of Chapter 8 of Decree 63/CP shall be amended as follows:

"Chapter 8: Final Provisions"

36. Article 69 of Decree 63/CP shall be amended as follows:

"Article 69. Transitional Provisions

1. Applications for protection based on the Law on Protection of Industrial Property Rights dated January 28, 1989, which were submitted to the National Office of Intellectual Property before July 1, 1996, including those submitted through the Post Office with postmarks prior to that date, shall continue to be processed under the said Law.

2. Certificates of protection issued based on the Regulations on Inventions and Utility Models of 1981, the Regulations on Utility Models of 1988, the Regulations on Trademarks of 1982, the Regulations on Industrial Designs of 1988, or the Law on Protection of Industrial Property Rights dated January 28, 1989, shall continue to be valid until their respective expiration dates. After the expiration dates mentioned above, if the certificate holder requests, the extension procedures stipulated in Clause 2 of Article 30 of this Decree shall apply. Certificates of Trademark Registration and Certificates of Design Registration shall continue to be extended. All patents with a validity period shorter than 20 years shall be extended to 20 years from the date of filing the application.

3. All rights and obligations under the Intellectual Property Protection Certificate (including Intellectual Property Protection Certificates issued pursuant to the Ordinance on the Protection of Industrial Property Rights dated January 28, 1989) and procedures for maintaining, extending, amending, transferring, and disputes related to such Intellectual Property Protection Certificates shall be governed by this Decree.

4. Applications for Intellectual Property Protection Certificates submitted from July 1, 1996 that have not yet been resolved shall be governed by this Decree."

Article 2. Implementation Provisions

1. This Decree takes effect 15 days from the date of signature.

2. The Minister of Science, Technology, and Environment is responsible for guiding the implementation of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree./.