The NOIP on the way to improve the implementation of administrative procedures for establishment IP rights

Over the past years, the NOIP (IP Vietnam) has taken many measures to improve the efficiency and quality of establishing IP rights. One of the measures that is being effectively implemented is to simplify, modernize, openly and transparently process and administrative procedures (AP) on IP.

The registration procedures for establishing IP rights is relatively specific and complex. From the time the application is filed to the time the protection title is granted, the applicant has to go through a number of procedures (such as filing, amending and supplementing the application; responding to office actions, responding to third-party opinions, etc). Many procedures also arise even after a protection title has been granted (such as modification of protection title, maintenance/extension, cancellation, termination of protection title, etc). Each procedure requires different types of documents, and fees and charges. Currently, the NOIP has  35 AP related to the establishment of IP rights.

The NOIP has built an online public service portal (OPSP) and provided level 3[1] online public services for all AP related to IP rights establishment since January 2017. The OPSP of the NOIP uses compulsory electronic authentication for each account registered to apply online, ensuring the identity of the applicant, minimizing legal disputes over the right to file  an application while protecting the information of the IP applicant. The number of IP rights registration applications filed through the OPSP tends to increase, it was 14,820 in 2019,  accounting for 16% of the total number of applications filed, increased 3% compared to 2018. In 2020, due to the implementation of the social gap to prevent the Covid-19 epidemic, the number of IP applications filed through the OPSP increased sharply.

Also in 2020, the NOIP has integrated 03 AP (namrly, procedures of trademark registration, maintenance and renewal of protection titles) into the National Public Service Portal (NPSP, ) to start implementing the provision of online public services at level 4. These are AP that generate a large number of dossiers. Currently, the NOIP is continuing to integrate the remaining 23 AP into the NPSP. The integration of AP into the NPSP helps organizations and individuals apply through this system without having to submit an application directly to the NOIP. At the same time, through the NPSP the applicant can be updated on the status and results of the settlement of respective AP.

Along with gradual improvement of its online filing system, the NOIP has also strengthened the Receipt and AP Results Delivery Division and put it under one-door mechanism. Recently, on December 1, 2020, the NOIP  has established and put into operation the IP Help Desk unit with functions of guiding and providing advice on all AP related to IP registration, answering  questions on the status and results of the application examination etc. as well as all other issues related to IP field.

Limits and inadequacies

However, some limits and inadequaciesnd still exist. The OPSP system is not operating properly, the applicant can only file an application online and still have to directly transact with the NOIP for other procedures such as amendment and supplementation of the application or respond to the office actions/notices. The NOIP has not yet implemented online results delivery. In addition, the quality assessment criteria for the implementation of the AP in general and in the electronic environment in particular have not been developed and implemented.

Certainly the NOIP needs to make more efforts to have an effective OPSP system that meets the expectations of domestic and foreign applicants./.