REGULATIONS ON LEGAL REPRESENTATIVES AUTHORIZED TO SIGN DOCUMENTS ON BEHALF OF IP RIGHTS APPLICANTS/OWNERS IN REGISTRATION AND OTHER RELATED PROCEEDINGS IN VIETNAM

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”

1. 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);
2. 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.

Other notes:

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./.

DIRECTOR

(Signed and Sealed)

Dinh Huu Phi