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The system of intellectual property protection in Vietnam

The opening up Vietnamese market to the global capital flow has attracted investment from major economies and along with it a great deal of  intellectual property. 

From the very early stage the Government of Vietnam has given great effort to setting up a legal system for protection of the intellectual property rights in conformity with international treaties and conventions. This facilitates the effective implementation of the industrial property protection in international standard.

 

Vietnam has got the member status at

  • Stockholm Convention : Vietnam becomes WIPO member in July 1976.

  • Paris Convention on the Industrial Property: March 1949.

  • Madrid Agreement on International Registration of Trademark: March 1949.

  • Madrid Protocol on International Registration of Trademark: July 2006.

  • Patent Cooperation Treaty: March 1993.

The Government of Vietnam has also signed bilateral agreement on IP Protection with Government of many countries (among them the USA and Switzerland)

Legal System governing Intellectual property activity in Vietnam

The Civil Code, Part 6, Chapter II. 

The Criminal Code, Articles 170 and 171. 

The Intellectual Law   

 

Decree 103/2006/ND-CP of September 22, 2006 on Establishment of Industrial Property Rights;   

Decree 105/2006/ND-CP of September 22, 2006 on Enforcement of Protection of Industrial Property Rights and Governmental Management of Industrial Property;  

Decree 106/2006/ND-CP of September 22, 2006 on Administrative Measures against Infringement of Protection of Industrial Property Rights  

 

Government's Decree No. 54/2000/ND-CP October 3rd, 2000 regulating Industrial Property Protection towards Business Secrets, Geographical Indications, Trade Names and the Rights against unfair Competition 

Different Ministerial and Inter-ministerial Circulars and Regulations on IP protection issued by the National Office of Intellectual Property 

 
DETECH & ASSOCIATES
Office: 36 Hang Chao Street, Hanoi, Vietnam * Tel: (84-4) 3734 6695 * Fax: (84-4) 3734 6696
E-mail:  detech@hn.vnn.vn
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