Date: 27-11-2020 by: Banca IP Law Firm
Regulations on legal representatives authorized to sign documents on behalf of IP rights applicants/owners in registration and other related proceedings in Vietnam
NOTICE NO. 13822/TB-SHTT
On regulations of the legitimate signatory as the applicant’s representative regarding IPRs registration and relevant procedures
In connection with the IPRs registration and relevant procedures, the National Office of Intellectual Property unified certain regulations regarding the authorized representative of the applicant pursuant to Articles 3 & 4 of Circular No. 01/2007/TT-BKHCN dated 14 February 2007, amended and supplemented by Circular No. 16/2016/TT-BKHCN dated 30 June 2016 (hereinafter called as “Circular No. 01/2007/TT-BKHCN) as follows:
1. In case the applicant is an individual
The authorized representative of the applicant is his/her legal representative pursuant to Article 136 of the Civil Code or the authorized signatory through Power of Attorney (POA). The POA must be signed by the applicant and the authorization of representative must strictly comply with Articles 3 & 4 of Circular No. 01/2007/TT-BKHCN.
2. In case the applicant is an organization/enterprise
2.1. If the applicant’s representative is “the legal representative of the applicant”
- a) If the signatory of the application forms and other correspondences is one of the following persons: “Chairman Of The Member's Council”, “Chairman of the Board”, “President”, “Director”, the said documents are required to be signed and sealed (if any);
- b) If the signatory of the application forms and other correspondences is (i) the second-level of the said persons as mentioned in Point a, (ii) “Secretary”, “Head of Department”, “Deputy Head of Department”, etc. and (iii) other persons of foreign enterprises such as “attorney in fact”, “authorized signatory”, “proxy”, “officer”, etc., the applicant must additionally submit supporting documents on representation.
2.2. If the applicant’s representative is “a person authorized by the legal representative”
If the signatory of the application forms and other correspondences is a person authorized by the legal representative, the applicant must submit required documents as stated under Point 2.1 and evidence of authorization.
2.3. If the applicant’s representative is the IP agent:
IP agents are the applicants’ representatives under POAs. Accordingly, the signatory of the POAs shall comply with the regulations of Points 2.1 & 2.2. and be pursuant to Articles 3 & 4 of Circular No. 01/2007/TT-BKHCN.
3.1. The aforesaid regulations under Points 2.1 & 2.2. are applied for both Vietnamese and foreign applicants.
3.2. In case the representative of the foreign applicant cannot provide sufficient evidence of authorization pursuant to Articles 3&4 of Circular No. 01/2007/TT-BKHCN, the correspondences to be filed with the NOIP must be legalized by a general consulate./.
(Signed and Sealed)
Dinh Huu Phi