UPDATED- Recent IP changes at the Intellectual Property Office of Vietnam in relation to representatives of applicants/owners
Concerning the issue of signatories on behalf of corporate applicants/owners before the IP Vietnam, on 23 November 2020, the IP Vietnam did issue Notification No. 13822/TB-SHTT regulating that documents issued by corporate applicants/owners must be signed by their Chairman of Board of Members, Chairman of Board of Management, President, Director, General Director. If the signatories do not bear those titles, evidence of authorization granted to such signatories must be submitted.
However, on 14 July 2021, the IP Vietnam issued Notification No. 6959/TB-SHTT (“Notification 6959”) loosening the above strict requirements in the covid-19 situation. Briefly, according to Notification 6959, the signatories on behalf of the applicants/owners before the IP Vietnam are certified by their own signatures and the company seals (if any). The signatories shall take full responsibility before the applicants/owners and under the laws. For details, please see the attached Notification 6959 and English translation thereof.
Notification 6959 takes effect as from 14 July 2021 and applies to all procedures before the IP Vietnam, including those commenced before 14 July 2021.
As such, it can be interpreted that almost all requirements set forth under Notification 13822 are now lifted. As a result, the applicants/owners no longer need to provide any documents proving authorization granted to the signatories to sign on behalf of the applicants/owners in any documents submitted to the IP Vietnam.
We will keep you updated, should the IP Vietnam make any further guidance or interpretation concerning this issue in particular, and its practice in general.