You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 6, 2021

Vietnam Temporarily Reduces Some IP Fees by 50%

On May 26, 2020, in response to the COVID-19 pandemic, Vietnam’s Ministry of Finance issued Circular No. 45/2020/TT-BTC on the reduction of fees for registration of foreign QR codes as well as certain industrial property fees. Accordingly, the industrial property fees listed in Section A of the schedule promulgated with Circular No. 263/2016/TT-BTC of the Ministry of Finance will be temporarily reduced by 50% from May 26 until the end of 2020, returning to the old levels on January 1, 2021.

UPDATE: On December 29, 2020, the Intellectual Property Office of Vietnam issued Circular No. 112/2020/TT-BTC announcing that these fee reductions would be extended until June 30, 2021.

Specifically, the following fees will be subject to the 50% reduction:

  1. Filing fees for applications (including divisional applications and converted applications);
  2. Fees for requesting an extension of time to respond to the IP Office’s notifications;
  3. Fees for issuance of protection titles;
  4. Fees for issuance of certificates of recordal of IP license agreements;
  5. Annuities for patents for inventions/utility solutions and renewal fees for trademark registration certificates and patents for industrial designs;
  6. Fees for late payment of annuities/late filing for renewal;
  7. Fees for requests for invalidation/termination of protection titles;
  8. Fees for issuance of IP agent practicing certificates, publication and recordal into National Registry.

Generally speaking, the fees above are quite small, ranging from VND 50,000 to VND 200,000 (approximately USD 2 to USD 9), and typically constitute only a small portion of the total fees to be paid for the corresponding procedures. The higher fees for other items such as examination are not subject to this temporary adjustment. Thus, in most cases, the cost savings are minimal. (However, it is worth noting that some of these fees are applied on a per-claim or per-class basis, and the total costs and savings in some cases could be significant.) Nonetheless, this shows the efforts of the government of Vietnam to support applicants for IP registration affected by the COVID-19 pandemic.

For more details on the fee reduction, please contact us at [email protected].

This article was originally published on May 29, 2020.

RELATED INSIGHTS​ 

October 25, 2023
Indonesia and South Korea have opened a patent prosecution highway (PPH) mechanism that allows applicants to seek patent protection in Indonesia by basing their application on a granted Korean patent. The PPH was opened following the conclusion of two memoranda of understanding (MOUs) between Indonesia’s Directorate General of Intellectual Property (DGIP) and the Korean Intellectual Property Office (KIPO) on September 8, 2023. One of the MOUs is about comprehensive cooperation in the field of intellectual property, while the other spells out the details of the PPH mechanism. When requested, the PPH will help applicants speed up the examination process for their patent applications in Indonesia using the substantive examination results issued by the KIPO. This can substantially shorten the amount of time required for the examination process period from approximately two years (from the substantive examination request) to less than one year (from the PPH request). Similar to a PPH request under Indonesia’s existing PPH agreement for Japanese patents, applicants can file a PPH request based on a granted Korean patent after the Indonesian patent application is published and before the issuance of the first office action. Requests must be accompanied by the official fee of IDR 5 million (approx. USD 315) for filing a PPH request. The scope of cooperation between the DGIP and KIPO, as described by the other MOU, includes increasing the countries’ capacity, framework, protection, inspection, and utilization of intellectual property, as well as other cooperative activities. The countries will also exchange information on how to increase public awareness about the importance of protecting intellectual property. For more information on this new bilateral cooperation, or on any aspect of patent protection in Indonesia, please contact Tilleke & Gibbins at [email protected] or +6221 2971 8088.
October 20, 2023
On October 18, 2023, Myanmar’s State Administration Council (SAC) issued notifications announcing the enforcement date of the Industrial Design Law and Copyright Law, which were both enacted in 2019. Notifications No. 217/2023 and No. 218/2023 set October 31, 2023, as the effective date for the Industrial Design Law and the Copyright Law, respectively. These notifications mark the beginning of the substantive protection framework for industrial designs and copyrights in the country. Myanmar’s Ministry of Commerce had already issued the Industrial Design Rules on September 29, 2023, laying out procedures and guidelines for registration of industrial designs under the Industrial Design Law. The next step will be the announcement of forms and official fees for conducting industrial design-related matters at Myanmar’s Intellectual Property Department (IPD)—a step that is imminent now that the effective date of the law has been announced. Rights owners should therefore begin assessing their portfolios and preparing the requirements for applying for registration to secure statutory rights for their industrial designs in Myanmar. The protection of copyrights arises automatically without a mandatory registration process. However, when the new Copyright Law takes effect, replacing the old Copyright Act of 1914, rights owners will be able to voluntarily record their copyrights under the framework established by the new law. These recordals can provide stronger evidence of ownership in the event of a dispute over the copyright work. For more information on these developments, or to check on the latest updates to Myanmar’s legal framework for protecting intellectual property, please contact Tilleke & Gibbins at [email protected].
October 11, 2023
Myanmar’s Ministry of Commerce has issued the Industrial Design Rules, which set up detailed procedures and guidelines for the registration of industrial designs under the Industrial Design Law. The announcement of the rules in Notification No. 67/2023, dated September 29, 2023, is a crucial development prior to the implementation of the Industrial Design Law, whose enforcement has been pending since its enactment in 2019. The newly issued Industrial Design Rules will come into effect on the day that the Industrial Design Law is first enforced. The rules set out the substantive procedures for industrial design-related matters, including appointment of representative, examination, opposition, priority claims, and registration, as well as assignment and licensing of industrial designs. Registration Applications Once the Industrial Design Law and Industrial Design Rules come into effect, and application fees and forms are available, individuals and legal entities can file applications to register industrial designs with the Intellectual Property Department electronically, in person (including via local representative), or by post. Applicants who are not incorporated or resident in Myanmar must appoint a local representative via the required form, which must be notarized by a notary public of the country where the applicant is incorporated or resides. Application Requirements Myanmar follows the latest Locarno Classification, established by the Locarno Agreement of 1968. Applications for registration of an industrial design can be in Myanmar or English language and must include the following: Applicant’s name, address, ID number (passport or Myanmar citizenship scrutiny card number for individuals, legal incorporation ID number for entities); Notarized form appointing a local representative, if applicable; Name, nationality, and address of the creator, if applicable, using the required form; Locarno Classification and subclassification for the product associated with the industrial design; Drawn, photographic, or graphic representation of the industrial design; Indication of the product described
October 10, 2023
As part of its continual work to improve Indonesia’s intellectual property (IP) e-filing system, the Directorate General of Intellectual Property (DGIP) makes regular updates and upgrades to the system. In recent months, the DGIP has implemented several important changes from previously used versions that applicants should be aware of when filing IP applications. Below is a summary of some key changes and updated requirements for applications using the IP e-filing system, grouped by IP type. Designs Drawings must be in JPG format only, and only one view is allowed per page. Once payment for the application has been made, no refund request is available. Only one figure is allowed for each design view, except for reference and perspective views. Patents For inventions already registered outside Indonesia through the Patent Cooperation Treaty (PCT), the title of the invention in the application for registration in Indonesia must match the title of the invention as registered with the World Intellectual Property Organization (WIPO). All bibliographic data in the national phase application must match the information from the PCT international phase as listed on WIPO’s website. Excess claim fees must be paid at the time of filing the patent application. Trademarks Applicants must choose their desired goods and services from the list, and the wording used in the provided list is not editable. The DGIP frequently updates the list of goods and services, but there is no regular schedule for the updates to this database. It is very difficult to request the addition of goods or services to the list, especially if a similar alternative exists. Therefore, it is crucial for applicants to decide on the goods or services to indicate in the application as soon as possible before the list is updated, as goods and services are sometimes deleted from the list.