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According to Vietnam IP Law and Regulations, both opposition and appeal proceedings are available. At any time during the period from the date of publication to the issuance of a patent, any third party can file a written opposition with the NOIP to oppose against the grant or refusal to grant a patent. Post-grant opposition is possible in the form of invalidation of a patent. Applicant or any third party having rights and/or interests relating to the NOIP’s decision with respects to the prosecution of a pending patent application may appeal in an appropriate manner. |
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Dispute arises out of
design rights may be settled either by administrative, civil, economic court, or
criminal court. Patent owner may resort to administrative, civil, or criminal
procedures or border measures in order to protect their design rights.
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The time limit for entry of a PCT application into Vietnam national phase under both Chapter I and Chapter II is 31 months (not 30 months) from the earliest priority date. However, a late entry within six (06) months counted from the expiration of 31 month period is available upon payment of appropriate fees. |
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