Circular No. 08/2006/TT-BKHCN guiding intellectual property services

CIRCULAR

Guidelines on intellectual property services

Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Pursuant to Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology No. 21/2000-QH10 adopted by the National Assembly on June 9, 2000;

The Ministry of Science and Technology guides the determination of intellectual property service activities as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These guidelines apply to intellectual property service activities related to science and technology services as provided for in Clause 8, Article 2 of the Law on Science and Technology No. 21/2000-QH10 dated June 9, 2000, and Decree No. 81/2002/NĐ-CP dated October 17, 2002 of the Government detailing the implementation of certain provisions of the Law on Science and Technology No. 21/2000-QH10, arising at stages of preparation and registration of intellectual property rights with competent state authorities; maintaining and implementing protection of intellectual property rights within the scope of science and technology services according to the law.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

These guidelines apply to organizations and individuals in Vietnam, foreign organizations and individuals providing and using intellectual property services on Vietnamese territory according to current laws, and all relevant agencies, organizations, and individuals.

II. INTELLECTUAL PROPERTY SERVICE ACTIVITIES WITHIN THE SCOPE OF SCIENCE AND TECHNOLOGY SERVICES

Intellectual property services as defined in Point 1, Section I of this Circular include:

1. Preparation for and registration of intellectual property rights

a) Providing information on the status of patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects protected under intellectual property rights in Vietnam and worldwide.

b) Providing information on the protection status of patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects protected under intellectual property rights in Vietnam and worldwide.

c) Drafting descriptions of patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects of intellectual property rights.

d) Preparing and processing registration procedures for patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects of intellectual property rights. patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects of intellectual property rights.

2. Maintenance and enforcement of intellectual property rights

a) Performing procedures as prescribed to maintain the validity of certificates protecting patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects of intellectual property rights.

b) Processing procedures for transferring ownership and usage rights of patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects of intellectual property rights.

c) Drafting and registering contracts for the transfer of ownership and usage rights of patents, industrial designs, layout-designs of integrated circuits, trademarks, and other objects of intellectual property rights.

III. IMPLEMENTATION

1. State management agencies within their jurisdiction shall base their determinations of rights and obligations of organizations and individuals operating in the field of intellectual property services on the guidelines on intellectual property services stipulated in this Circular.

2. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

3. During implementation, if there are any issues, agencies, organizations, and individuals shall promptly report to the Ministry of Science and Technology for research and amendment.