Name of recommendations: A recommendations that the Department of Intellectual Property - Ministry of Science and Technology has not yet canceled the Patent of Industrial Design No. 12844

Status: Responded

Recommended by units: The Nghe An Seafood Joint Stock Company (No. 78, Cua Hoi Road, Cua Lo Town, Nghe An Province)

Official letter: No 2065/PTM - VP, dated: 2018-09-17

Recommended contents:

In 2009, the National Office of Intellectual Property granted the Patent of Industrial Design No. 12844 with a sign of civilization only named Cua Hoi Fish Sauce for Nghe An Seafood Joint Stock Company. The company petitioned the Government’s Office and received a Document No. 553 / VPCP-ĐMDN of the Government’s Office that requested the Ministry of Science and Technology to receive the company's petition and resolve the case.

According to the Nghe An Seafood Joint Stock Company, after obtaining the documents of the Government’s Office, the process of processing by the Ministry of Science and Technology Inspectorate, the NOIP is still very late even though the Company has repeatedly petitioned. The company sent a second report to the Government’s Prime Minister (report No. 13 / BGC-CTCPTS) and received the reply from the Government’s Office No. 2261 / VPCP-V.I reiterated the request to the Ministry of Science and Technology. The result on 11 May 2018, at the Office of the Ministry of Science and Technology, took place a tripartite meeting between the representative of the Ministry of Science and Technology, representatives of the NOIP and representatives of the Nghe An Seafood Joint Stock Company, unifying the content and jointly sign the minutes of solution is as follows: Removing the " Cua Hoi" element on the certificate of exclusive rights of Industrial Property No. 12844 so as not to cause confusion with the trademark "" Cua Hoi "" that protect for the Nghe An Seafood Joint Stock Company.

On June 13, 2018, the Nghe An Seafood Joint Stock Company received a Document No. 1760 / BKHCN-Ttra that announced the settlement results, the content of the notice clearly stated: The Ministry of Science and Technology and the NOIP agreed to resolve the case, remove "Cua Hoi" element "" in the phrase "" Cua Hoi "pure anchovy fish sauce" "in the certificate of exclusive ownership of industrial zone No. 12844 so as not to cause confusion with the trademark" "Cua Hoi" "According to Certificate of Trademark Registration No. 68386 issued to the Nghe An Seafood Joint Stock Company. The NOIP will carry out relevant procedures to implement this notice in accordance with the law.

However, since the above-mentioned Document No. 1760 / BKHCN-TTra, there has been no necessary amendment for the Nghe An Seafood Joint Stock Company. After the waiting period of more than a month, on July 18, 2018, the Company issued a Document No. 38 / CPTSNA to the Minister of Science and Technology and the Director of the NOIP to request the implementation of the notice, but currently have not received any feedback from the Ministry of Science and Technology and the NOIP.

Until the present time, the incident occurred nearly 10 years. It has been 2 years sincethe Nghe An Fisheries Joint Stock Company has proposed the competent State agencies to settle, but so far,it has not resolved.

The Nghe An Seafood Joint Stock Company would like to request the Government’s Prime Minister and the Minister of Science and Technology to pay special attention to direct the NOIP to quickly resolve and protect the legitimate rights and interests of the Company, not let " "upper level is hot and lower level is cold", adversely affecting the trust of the business community.