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 Vietnam Law |
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Guidance on IPR Protection in Vietnam
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Bellow is a summary of Intellectual Property right environment in Vietnam which focuses on four distinct types of intangible property – namely, patents, trademarks, copyrights, and trade secrets. We hope that the summary is useful for those who want to do business in Vietnam and we wish for you success in achieving your business objectives.
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IP Overview in Vietnam in 2009
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In June 2009 the National Assembly of Vietnam passed a new IP Law to amend a number of articles of the existing IP Law passed on November 2005, came into force on July 1, 2006. The “Amended IP Law” aims at encouraging innovation, improving IP management system and bringing it into compliance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS). The amended IP Law will come into force on January 1st, 2010. Bellow is key amendments made to the Law.
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NEW GUIDES ON PROCEDURES FOR THE ACQUISITION OF PATENT RIGHTS
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On November 5, 2003 the Ministry of Science and Technology issued Circular No. 30/2003/TT-BKHCN providing procedures for the acquisition of industrial property rights in inventions and utility solutions in Vietnam (“Circular 30”). Circular 30 is formulated on the basis of amendments, supplements and development of relevant provisions relating to procedures for the acquisition of patent rights stipulated in Circular 3055/TT-SHCN dated December 31, 1996 providing detailed provisions on industrial property (Circular 3055), and will substitute relevant parts of Circular 3055. We summarize below some important developments in Circular 30, which simultaneously minimize burdens on applicants and harmonize Vietnamese patent regulations with international patent laws and practices.
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NEW GUIDES ON PROCEDURES FOR THE ACQUISITION OF INDUSTRIAL DESIGN RIGHTS
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On November 5, 2003 the Ministry of Science and Technology issued Circular No. 29/2003/TT-BKHCN providing procedures for the acquisition of industrial property rights to industrial designs in Vietnam (“Circular 29”). Circular 29 is formulated on the basis of amendments, supplements and development of relevant provisions relating to procedures for the acquisition of industrial design rights stipulated in Circular 3055/TT-SHCN dated December 31, 1996 providing detailed provisions on industrial property (“Circular 3055”), and will substitute relevant parts of Circular 3055. We summarize below some important developments in Circular 29.
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Combat counterfeiting in Vietnam
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The question of how to combat counterfeiting effectively in Vietnam is always a tough one for trademark owners, due to the fact that the manufacture and trade of counterfeit goods in Vietnam have now become more and more sophisticated, and due to the great number of factual difficulties faced in Vietnam in coping and dealing with counterfeiting. The primary difficulties include the incomplete and inadequate legal enforcement system and mechanisms, the limited knowledge of intellectual property law in general, and trademark and industrial design matters in particular by law enforcement staff, and the habit of buying discounted goods bearing foreign or well-known trademarks by the majority of Vietnamese consumers.
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A REVIEW OF TRADEMARK DEVELOPMENTS IN THE DRAFT AMENDMENT OF CIRCULAR 3055
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As it seeks to implement its commitments to international multilateral and bilateral treaties, Vietnam is planning to make amendments to its laws governing the protection of intellectual property (IP). Likewise, in preparation for signing other international agreements, such as TRIPs and the Trademark Law Treaty (TLT), the government is making amendments (Draft Amendments) to Circular 3055/TT-SHCN (Circular), which directs the procedures for establishing intellectual property rights. Since it was introduced on December 31, 1996, a great many problems with the Circular have become apparent.
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