Hanoi, Vietnam – The Intellectual Property Office of Vietnam (IP Vietnam) issued Notice No. 4932/TB-SHTT dated 25 December 2024 on the application of the International Classification of Patents (according to the Strasbourg Agreement) – version 2024.01 (the “New Patent Classification”). The New Patent Classification was published by IP Vietnam in the Official Gazette. Industrial Property No. 429 on 25 December 2023 and will be applied in Vietnam from 1 January 2024.
According to the provisions of Appendix I – Part II of Decree No. 65/2023/ND-CP dated 23 August 2023 of the Government detailing a number of articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property (“Decree No. 65/2023/ND-CP”), since 1 January 2024, in the “International Patent Classification” section of the application form, the applicant needs to state the classification index of the relevant technical solution to be claimed according to the New Patent Classification (full classification, including section, class, subclass, group (main group or subgroup)). If the applicant does not self-classify or incorrectly classifies the technical solution, IP Vietnam will classify it and the applicant must pay statutory classification fees.
Likewise, IP Vietnam issued Notice No. 4933/TB-SHTT dated 25 December 2023 on the application of the International Classification of Goods and Services under the Nice Agreement – version 12-2024 (the “New Goods and Services Classification”). The New Goods and Services Classification was published by IP Vietnam in the Industrial Property Official Gazette No. 429 on 25 December 2023 and will be applied in Vietnam from 1 January 2024.
In light of Appendix I – Part II of Decree No. 65/2023/ND-CP, since 1 January 2024, in the section “List and classification of goods and services bearing the trademark”, the applicant must classify goods and services in accordance with the New Goods and Services Classification. If the applicant does not self-classify or incorrectly classifies goods and services, IP Vietnam will classify them and the applicant must pay statutory classification fees.
For further information, please do not hesitate to contact us at bud-prairie@bud-prairie.com and/or ThanhLegal@bud-prairie.com.