VI Circular 63/2023/TT-BTC amends and supplements a number of articles of a number of Circulars regulating fees and charges of the Minister of Finance to encourage the use of online public services. Accordingly, from January 1, 2024 to December 31, 2025, the fees and application fees, documents requesting work performance, and industrial property protection services in the form of online route is reduced by 50% compared to the fee collection rate specified in Section A of the Schedule of industrial property fees and charges issued with Circular 263/2016/TT-BTC. Through this article, let’s learn about this issue with Pham Consult!
What is industrial property rights protection?
Industrial property protection is the protection of intellectual products, rights and legitimate interests of industrial property rights holders. Industrial property rights holders can be authors, protection title holders or legal users of industrial property rights objects.
Is a regulation of the Civil Code on the state’s recognition of the ownership rights of authors of creations in the industrial sector by granting protection titles on the rights, interests, and obligations of their creations. during the protection period. Industrial property objects protected by the state include:
- a) Invention: new technical solution compared to the technical level in the world, has a creative level, and can be applied in socio-economic fields.
- b) Useful solutions: new technical solutions compared to world technical levels, capable of being applied in economic and social fields.
- c) Industrial design: the external shape of the product with shapes, colors or a combination of these elements, which is new to the world and used as a model to manufacture industrial products. industry or handicraft industry.
- d) Trademarks: signs used to distinguish goods and services of the same type from different production and business establishments.
- d) Name of origin of goods: the name of the locality where an item is produced is used to name the item. Normally, some items are called by the name of the place of production,
Creative objects that are contrary to social interests, public order, humanitarian principles and other objects that the law on industrial property stipulates are not protected.
What is the prescribed fee for filing an application for industrial property rights protection from January 1, 2024?
– For direct application for registration of industrial property rights protection:
Pursuant to Section 1, Part A, Table of industrial property fees and charges issued together with Circular 263/2016/TT-BTC regulating fees for filing applications for industrial property rights protection from January 1 January 2024 for direct payment as follows:
– Application fee (including separation application and conversion application): 150,000 VND.
– Fee for requesting an extension of the time limit for responding to the notice of the fee and fee collection organization (each time an extension is allowed): 120,000 VND.
– For online application for registration of industrial property rights protection:
Pursuant to Article 3 of Circular 63/2023/TT-BTC supplementing Clause 4, Article 4 of Circular 263/2016/TT-BTC, regulations on fees for filing online industrial property rights registration applications are as follows:
Fees and charges
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- In case an organization or individual submits an application or dossier requesting the performance of industrial property rights protection work or services (including submitting an application to register industrial property rights protection; granting a Protection Certificate, granting registration certificates of industrial property rights transfer contracts; maintaining, extending, terminating, and invalidating industrial property rights protection certificates; granting industrial property representation service practice certificates industrial property, publication, registration of industrial property representatives) in online form:
- a) From January 1, 2024 to December 31, 2025, a fee rate equal to 50% (fifty percent) of the fee rate specified in Section A of the Schedule of fees and charges shall apply. industrial property issued together with this Circular.
- b) From January 1, 2026 onwards, the fee rates specified in Section A of the Schedule of industrial property fees and charges issued together with this Circular will apply.
Thus, based on the above regulations, the fee for filing an online industrial property rights registration application is as follows:
The following fee rates for filing industrial property rights registration applications from January 1, 2024 to December 31, 2025 will apply:
– Application fee (including separation application and conversion application): 75,000 VND.
– Fee for requesting an extension of the time limit for responding to the notice of the fee and fee collection organization (each time an extension is allowed): 60,000 VND.
The fee for filing an online industrial property rights registration application applicable from January 1, 2026 is as follows:
– Application fee (including separation application and conversion application): 150,000 VND.
– Fee for requesting an extension of the time limit for responding to the notice of the fee and fee collection organization (each time an extension is allowed): 120,000 VND.
What are the requirements for uniformity of industrial property registration applications?
Pursuant to the provisions of Article 101 of the Intellectual Property Law 2005, the requirements for uniformity of industrial property registration applications include the following:
– Each industrial property registration application is only required to grant one protection title to a single industrial property object, except for the cases specified in Clauses 2, 3 and 4, Article 101 of the Intellectual Property Law. 2005.
– Each application may request the grant of an invention patent or a utility solution patent for a group of inventions with close technical connections to implement a single common creative intention. .
– Each registration application may request the issuance of an industrial design patent for multiple industrial designs in the following cases:
+ Industrial designs of a product set consisting of many products expressing a single common creative idea, used together or to fulfill a common purpose;
+ An industrial design accompanied by one or more variations that are variations of that industrial design, according to a single common creative idea, are not significantly different from that industrial design.
– Each registration application can request the issuance of a Trademark Registration Certificate for a trademark used for one or more different goods and services.
What documents are included in an industrial property registration application?
Pursuant to the provisions of Clause 1, Article 100 of the 2005 Intellectual Property Law supplemented by Clause 32, Article 1 of the 2022 Amended Intellectual Property Law, it is stipulated as follows:
General requirements for industrial property registration applications
- Industrial property registration application includes the following documents:
- a) Registration declaration according to the prescribed form;
- b) Documents, samples, and information showing industrial property objects registered for protection specified in Articles 102 to 106 of this Law;
- c) Power of attorney, if the application is submitted through a representative;
- d) Documents proving the right to registration, if the applicant enjoys that right of another person;
- d) Documents proving priority rights, if there is a claim for priority rights;
d1) Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources
- e) Proof of payment of fees and charges.
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Thus, based on the above regulations, an industrial property registration application includes the following documents:
– Registration declaration according to the prescribed form;
– Documents, samples, and information showing industrial property objects registered for protection;
– Power of attorney, if the application is submitted through a representative;
– Documents proving the right to registration, if the applicant enjoys that right of another person;
– Documents proving priority rights, if there is a claim for priority rights;
– Proof of payment of fees and charges.
– Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in the patent application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources.
Circular 63/2023/TT-BTC will take effect from December 1, 2023
Above is information about fees for filing applications for industrial property rights protection from January 1, 2024. Hope the above information will help your work.
