Name of recommendations: Recommendations regarding the Intellectual Property Department that has not issued a decision to cancel the Certificate of Technology Business Registration No. 12844 as the Official Letter No. 3273 / BKHCN-SHTT to respondto the Nghe An Seafood Joint Stock

Status: Responded

Recommended by units: The Nghe An Seafood Joint Stock Company

Official letter: No 2992/ PTM - VP, dated: 2019-01-27

Recommended contents:

On September 7, 2018, the Nghe An Fisheries Joint Stock Company has received an officer Letter No. 8363 / VPCP-VI "Regarding resolution of the Nghe An Seafood Joint Stock Company" by the Director of Department Tran Bich Ngoc signed on September 4, 2018. After that, on October 18, 2018, the Company received an Official Letter No. 3273 / BKHCN-SHTT "Re: Report on the results of resolving recommendations of the Nghe An Fisheries Joint Stock Company" by the Deputy Minister of Science and Technology Pham Cong Tac signed on October 15, 2018 (This document had sent to the Government’s Office and sent to the Nghe An Seafood Joint Stock Company for information).

The Nghe An Seafood Joint Stock Company reported to the Government’s Prime Minister, the Minister-Chairman of the Government’s Office, the Minister of Science and Technology and the President of the VCCI as follows:

1.  After receiving the Officer letter No. 3273 / BKHCN-SHTT, dated October 23, 2018, the Company contacted the National Office of Intellectual Property through telephone number 02438583069 to know the contents of the Decision No. 69584 / QD -TTTT (signed on October 3, 2018) on the amendment of the patent on industrial design No. 12844 issued on January 21, 2009 of the Cua Hoi Seafood Processing and Service Joint Stock Company.However, the Registration Office - The National Office of Intellectual Property responded that: they did not know about the Decision No. 69584 / QD-SHTT, at the same time, the current number of documents issued by the National Office of Intellectual Property was only 4 digits, while the number of the Decision was 5 digits. So far, the Nghe An Seafood Joint Stock Company did not receive yet the Decision No. 69584 / QD-SHTT signed on October 3, 2018 of the National Office of Intellectual Property.

2. Regarding the content of Document No. 3273 / BKHCN-SHTT stated: "... On October 3, 2018, the National Office of Intellectual Property issued a Decision No. 69584 / QD-SHTT on the amendment of exclusive license with industrialdesign. No. 12844 issued on January 21, 2009 of the Cua Hoi Seafood Processing and Service Joint Stock Company, accordingly the sign "CUA HOI" wasrevised to "TAN HOI" so that it was no longer confusing. "Cua Hoi" trademark was protected under the Certificate of Trademark Registration No. 68386 issued to Nghe An Fisheries Joint Stock Company ...". This expressed the superficial, irresponsible, inconsistent handling, not right to the nature of the problem andwas in contrary to the conclusions of the Inspectorate of the Ministry of Science and Technology at the meeting on may 11, 2018 between the three parties (including: Leaders of Nghe An Seafood Joint Stock Company), representative of the leadership of the Ministry of Science and Technology and the representative of the National Office of Intellectual Property, and at the same time it was contrary to the content of the Document No. 1760 / BKHCN-TTra by the Government’s Deputy Minister of Science and Technology Tran Van Tung signed on June 11, 2018 (Attached to the working record of Inspectorate of the Ministry of Science & Technology, the Document No. 1760 / BKHCN-TTra and the Document No. 3273 / BKHCN-SHTT).

Thus, up to the present time, the error of the Intellectual Property Department has caused the Company to be infringed uponthe Intellectual Property rights for nearly 10 years and more than 2 years since the Company requested the State agencies to have jurisdiction to resolve but until now the case has not been resolved completely according to the procedures for invalidation of the Certificate of Industrial Property No. 12844 that the National Office of Intellectual Property granted to the Seafood Processing and the Cua Hoi Services Joint Stock Company.. In the last 10 years, with the spirit of irresponsibility and delaying in handling errors of the National Office of the Intellectual Property, it caused great damage to the economy and brand reputation of our company.

Right from the first day of receiving the task until now, the Government’s Prime Minister determined to implement a Government of integrity, creation and action, directing the implementation of many activities to call for start-up and find all countries. solutions to develop the business community. Responding to the guiding spirit of the Government’s Prime Minister, Ministries, provinces and cities, and the political system throughout the country were working hard with the Government’s Prime Minister to act, while the mistake of the National Office of Intellectual Property was too clear, but it still failed to follow the direction of the Government’s Prime Minister to overcome the correction, the lack of consistency in handling this incident of the Ministry of Science & Technology. This was clearly shown that " the inferior ignoredinstructions by the  superior", "the superior was taut and determinate.The lower inferior was also in harry, but the inferiorwas listless and did not take action", "I havemy own powerand I want to do what I do" these caused an enterprise to be violatedIntellectual Property rights and was not yet resolved for nearly 10 years in accordance with the law.

In order to protect the legitimate rights and interests of our Company before the law, the Nghe An Fisheries Joint Stock Company continues would like urgently request the Government’s Prime Minister, the Minister-Chairman of the Government’s Office, the Minister of Science & Technology with special concern in directing the National Office of Intellectual Property to quickly resolve the above incident in accordance with the contents of the Document No. 1760 / BKHCN-TTra Re: Announcing the results of the Company's reflection of the Nghe An Fisheries Joint Stock Company ”signed by the Deputy Minister of Science and Technology Tran Van Tung on June 11, 2018. At the same time, I would like to request the Department of Intellectual Property to supply the Nghe An Seafood Joint Stock Company the Decision No. 69584 / QD-SHTT on the amendment of the exclusive license with industrial design No. 12844 issued on January 21, 2009 of the Cua HoiServicesand Seafood Processing Joint Stock Company signed on October 3, 2018.