Thông tư 04/2009/TT-BKHCN

CIRCULAR

Pursuant to the Government’s Decree No. 28/2008/ND-CP of March 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 105/2006/ND-CP of September 22, 2006 detailing and guiding implementation of a number of articles of Law on intellectual property regarding intellectual property right protection and intellectual property state management;

The Minister of Science and Technology amends and supplements the Circular No. 01/2008/TT-BKHCN of February 25, 2008 guiding grant and revocation of industrial property assessor card and certificate of organization eligible to operate in industrial property assessment as follows:

1. To amend point a clause 2 section II of the Circular No. 01/2008/TT-BKHCN as follows:

“2. The council of examination on professional skills of industrial property assessment

a) The Minister of Science and Technology shall issue decision on establishment of Council of examination on professional skills of industrial property assessment (hereinafter referred to as “The examination council”) on the basis of proposal of Director of National Office of Intellectual Property. Chairperson of examination council is director of National Office of Intellectual Property or a deputy director authorized by director; members of examination council include persons with experiences and professional prestige in industrial property sector”.

2. To amend point a clause 6 section II of the Circular No. 01/2008/TT-BKHCN as follows:

“6. Assessment of examination result

a) The examination council shall consider to exempt examination under standard specified in points b and c clause 1 section II of this Circular; score exam papers under answers and score frame of exam questions. The result of consideration for examination exemption and result of scoring exam papers shall be approved by the chairperson of Council.

The result of consideration for examination exemption shall be notified for each registrant not later than 30 days before the examination day. A person shall be allowed to do exam paper for subjects which he/her failed to meet standard to be exempted examination, in the registered examination term, and with a condition of paying compulsory charges as prescribed.”

3. To replace the Form of declaration of registration for participation in examination of industrial property assessment professional skills in Annex I of the Circular No. 01/2008/TT-BKHCN by Form of declaration in Annex I promulgated together with this Circular.

4. This Circular takes effect after 45 days from the day of signing.

In the course of implementation, any arising problems should be reported to the Ministry of Science and Technology for research and conformable adjustment.