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IP rights must be ensured: official

HCM CITY – Protection of intellectual property will be an essential factor to further innovation and economic growth of the country, an official with the Ministry of Science and Technology has said.

Speaking at the International Innovation Business Forum held in HCM City yesterday, deputy minister Trần Việt Thanh said that intellectual property (IP) was an unlimited resource and the result of people’s innovation, unlike limited resources such as labour, capital and land.

Protection and trading of IP rights would bring great benefits not only to businesses but to the entire economy, he said.

The role of IP is critical as Việt Nam integrates more deeply in the global economy.

Thanh said that IP would be a decisive factor in strengthening the competitive capacity of enterprises as well as the entire economy.

Around 1,500 patents, 15,000 industrial designs and 160,000 trademarks of businesses in Việt Nam are protected currently.

By trading their own intellectual property, businesses could recoup their expenses for creating, developing and protecting IP, and, at the same time, increase IP value, Thanh said.

He noted that foreign organisations had recognised the value of several Vietnamese companies’ intangible assets.

For example, the Vinamilk brand last year was valued at US$1.1 billion, accounting for 22 per cent of the company’s wealth. The Viettel brand was valued at $580 million and Vinhomes at $343 million.

A recent survey by the ministry showed that in the 2000-14 period there was an increase in the number of intellectual asset licenses among businesses in Việt Nam, he said.

The number of Vietnamese intellectual assets transferred to foreign investors was also on the increase, with sales in 2014 rising by 20 times over the figure in 2006.

Sales of intellectual property mainly occur in industries such as pharmaceutical, pharmaceutical chemistry, processing, food preservation, garment and textile, engine manufacturing, electrical equipment and medical equipment.

The entry of foreign investors from South Korea, the US, China, Thailand, Japan and other countries had contributed to the promotion of commercialisation of intangible property of Vietnamese firms, he said.

Lại Tiến Mạnh, director of Mibrand Việt Nam, noted that brands were the most important intellectual asset of a business.

Products with a good brand name can command prices 10 times higher than one with a weak brand, even though the product may be similar, he said.

Total brand value in Việt Nam, however, remains very low compared to other countries.

The total value of the country’s 50 leading brands is only $5.5 billion, slightly higher than a Singaporean brand (BBS bank valued at $4.4 billion), he said.

Many local firms had not protected their intellectual property, he said.

Without IP protection, a company’s investment in research and development, product differentiation, and marketing could be stolen or copied.

He said that Vietnamese companies should focus on improving their brand value and become more aware of intellectual property rights.

The Government should also develop a legal framework that allows adding a company’s brand value to its total asset value, he said.

Thanh said that the Trans Pacific Partnership (TPP) trade agreement would set high standards on intellectual property protection.

But the enforcement of such regulations would be a challenge for many Vietnamese firms, he added.

In the long run, however, better protection of intellectual property is expected to provide stronger incentives for businesses to invest in creative industries that Việt Nam is seeking to develop, Thanh said.

The forum was organised by the Ministry of Science and Technology, Business Association of High-Quality Vietnamese Goods, Business Studies and Assistance Centre, and Leading Business Club. – VNS

Source: http://vietnamnews.vn/economy/297681/ip-rights-must-be-ensured-official.html#Y8254HLaFPoWo7A8.97

Inquiry on Color of a Trademark in Vietnam

Question:It is our understanding that a  registered  black-and-white trademark can be used in black-and-white as well as in other colors.

However, we heard that it is not the case in Vietnam. That is to say, a black-and-while trademark registered in Vietnam can only be used in black-and white.

Please kindly confirm.

Answer: Thanks for your following letter.

It is advised that the registered black and white can be used in different colors.
If you have any inquiry, please do not hesitate to contact us.

Decision No.30/2006/QD-BYT of September 30, 2006 of the Minister of Health on procedures related to the security of data of drug registration records

Decision No.30/2006/QD-BYT was passed on September 30, 2006 including 3 articles. The Decision was enacted together with this Decision the Regulation on data security of drug registration records.

For the full text of the decision, please click here:

Decision No.30/2006/QD-BYT

Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP of April 3, 2008, guiding the Application of a Number of Legal Provisions to the Settlement of Disputes over intellectual Property Rights at People’s Courts

Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP was passed on April 3, 2008 and entered into force on May 22, 2008. Joint Circular includes 2 parts (A and B). Part A defines the disputes over intellectual property rights which fall under the handling competence of people’s courts (specified in Clause 4, Article 25 and Clause 2, Article 29 of the Civil Procedure Code) consisting Disputes over copyright, Disputes over related rights, Disputes over industrial property rights); Right and conditions to institute civil lawsuits on intellectual property rights; Application of law; Application of transitional provisions to settling disputes over intellectual property rights ; Intellectual property assessment. Part B defines some provisions of Intellectual Property Law  such as  Articles 203 (regarding the right and burden of proof of involved parties) 204, 205 (regarding claims for compensations for damage), 206, 207, 208 (regarding the application of provisional urgent measures).

For the full text of the Joint Circular:

Join Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP    

Circular No. 08/2006/TT-BKHCN guiding the intellectual property services

Ordinance on Procedures for the settlement of Administrative Cases, 1996:

Circular No. 08/2006/TT-BKHCN was enacted on April 04, 2006. The scope of Circular is guiding intellectual property-related activities belonging to scientific and technological services specified in Clause 8, Article 2 of June 9,2000 Science and Technology Law No. 21/2000/QH10 and the Government’s Decree No. 81/2002/ND-CP of October 17, 2002, detailing the implementation of a number of articles of Science and Technology Law No. 21/2000/QH10, which are carried out at the stages of registration preparation and registration of intellectual property rights at competent state agencies; the maintenance and protection of intellectual property rights which are categorized as scientific and technological services according to the provisions of law.

For the text of the Circular, please click here:

08-2006-TT-BKHCN

Circular No. 22/2009/TT-BTC Guiding the Collection, Payment, Management and Use of Industrial Property Fees and Charges

Circular No. 22/2009/TT-BTC was enacted on February 04, 2009. The Circular includes 3 major parts and one Annex setting out the table of industrial property fees and charges rate. This Circular defines issues on procedures for collecting, paying (the way to pay, type of money, time…) and managing and using fees and charges (how to caculate and allocate the fees, charges and other costs). This Circular shall replace Circular No. 132/2004/TT-BTC of 30 December 2004 of Ministry of Finance guiding the collection, payment and use industrial property fees and charges and Circular No. 115/2006/TT-BTC of 29 December 2006 of Ministry of Finance on amendment and supplement of Circular No. 132/2004/TT-BTC.

For the full text of the Circular:

Circular No. 22/2009/TT-BTC

CIRCULAR No. 01/2008/TT- BKHCN Guiding the grant and withdrawal of industrial property assessor cards and certificates for industrial property assessment organizations.

CIRCULAR No. 01/2008/TT- BKHCN was enacted on February 25, 2008 regulates procedures for granting and withdrawing of  industrial property certificate of assessor card and industrial property assessment organizations. Following this Circular, subjects of industrial property assessment comprise: Assessment of inventions and semi-conductor integrated circuit layout designs,  Assessment of industrial designs, Assessment of trademarks and geographical indications, Assessment of other industrial property rights. The Circular includes 5 chapters and came into force on March 11, 2008.

For the full text of the Circular, please click here:

Circular No. 01/2008/TT-BKHCN

Circular No. 01/2007/TT-BKHCN of February 14, 2007, Guiding the implementation of the Government’s Decree No. 103/2006/ND-CP

Circular No. 01/2007/TT-BKHCN was enacted on February 14, 2007. The Circular comprises 5 chapters and 67 articles defining procedures for establishment of industrial property rights; procedures for registration subjects of IP: invention, Layout designs, industrial design, marks, geographical indications etc; procedures for registration of contracts on assignment of industrial property rights and procedures for making decisions on compulsory licensing of patents; industrial property representation; assurance of industrial property information. This Circular came into force on May 6, 2007.

For the text of the Circular No. 01/2007/TT-BKHCN

Instruction Number 04/2007/CT-TTg of 22 February 2007 on the strengthening of computer program copyright protection

Instruction was promulgated by the Prime Minister on February 22, 2007. The goal of this Instruction is to take directions for the strengthening and maintaining of computer program copyright protection. To get a high result, Prime Minister requires Ministries such as Ministry of Public Security, Ministry of Defense, Ministry of Foreign Affairs…to implement Instruction.

For the full text of the Instruction:

Instruction No. 04/2007/CT-TTg

Decree 154/2005/ND-CP dated 15/12/2005 detailing some provisions of the Customs Law on the Customs procedure,Customs checking and Customs supervision

This Decree details the implementation of a number of articles of Customs Law No. 29/2001/QH10 of June 29, 2001, and Law No. 42/2005/QH11 of June 14, 2005, Amending and Supplementing a Number of Articles of the Customs Law (referred to collectively as the Customs Law) regarding customs procedures, inspection and supervision. Electronic customs procedures and customs procedures for luggage and gifts shall comply with separate regulations. The Decree consists of 9 chapters, 78 articles and Chapter II is composed of 4 sections.

For the text of the Decree, please click here:

Decree 154/2005/ND-CP

DECREE Revision and supplementing of some Articles of the Decree No. 57/2005/ND-CP on 27th April, 2005 of the Government on penalties for the administrative violations in the field of Plant Varieties

This Decree was passed on November 28, 2007. Decree no. 57/2005 regulates penalties in the field of Plant Varieties relating administrative violations. This Decree admends and supplements a number of articles for that Decree including 3 articles.

For the full text of the Decree, please click here:

Decree Revision and supplementing of some Articles of the Decree No. 57/2005/ND-CP

Decree No. 56/2009/ND-CP on sanctioning administrative violations in cultural and information activities

Decree No. 56/2009/ND-CP was passed on June 6, 2006. This Decree governs issues on acts, competence and procedures for sanctioning administrative violations in the culture and information activities.

Administrative violations in cultural and information domains defined in this Decree include acts of violating state management regulations in press activities; publishing activities; cinematography; performing arts; public cultural activities and cultural services; fine arts, cultural, art and photo exhibitions; copyright of literary and art works and related rights; advertisement, writing and placement of signboards; cultural heritage; library; cultural and art works; import and export of cultural products; and publicization and dissemination of works to foreign countries. The Decree was divided into 5 chapters, 77 articles and Chapter II comprises 10 sections defining acts and took effect July 1, 2006.

For the full text of the Decree. please click here:

Decree No. 56/2009/ND-CP

Decree No. 106/2006/ND-CP of September 22, 2006, providing for sanction of Administrative Violations in the field of intellectual property

Decree No. 106/2006/ND-CP was adopted on September 22, 2006. This Decree provides for administrative violations in the domain of intellectual property, sanctioning forms and levels, sanctioning competent and procedures as well as remedies. The Decree is composed of 5 chapters and 37 articles and entered into force on October 21, 2006.

For the full text of the Decree, please click here:

Decree No.106/2006/ND-CP

Decree No. 105/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of the Intellectual Property Law on the protection of intellectual property rights and on the State management of intellectual property

Decree No. 105/2006/ND-CP Was adopted on September 22, 2006. The subject matter of the Decree is Copyright and Related Rights, Enforcement of IP and Related Law, Industrial Property. This Decree details and guides a number of articles of the Law on Intellectual Property on protection of intellectual property rights, including identification of acts, nature and extent of infringement of intellectual property rights, identification of damage, requests for handling of infringements and settlement of those requests, handling of infringements by administrative measures, control of exports and imports related to intellectual property, assessment of intellectual property, and state management of intellectual property. The Decree comprises 8 chapters and 63 articles and came into force on October 21, 2006.

For the full text of the Decree:

Decree No. 105/2006/ND-CP

Decree No. 104/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of the Intellectual Property Law regarding rights to plant varieties

Decree No. 104/2006/ND-CP was passed on September 22, 2006 including 39 articles. This Decree provides detailed regulations and guidelines for execution of some articles on Plant Variety Rights in the Intellectual Property Law including responsibility for State administration, the order and procedures for establishing plant variety rights, rights and obligations of the plant variety certificate holder and breeder; transfer and assignment of rights of protected plant varieties. This Decree shall replace the Decree no. 13/2001/ ND-CP of the Government dated April 20, 2001.

For the full text of the Decree, please click here:

Decree No. 104/2006/ND-CP