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Paris Convention for the Protection of Industrial Property, 1883

Paris Convention for the Protection of Industrial Property was adopted in 1883. The Paris Convention applies to industrial property in widest sense, including patent, utility models, industrial designs, trademarks, service marks,  trade names, indication of source or appellation of origin, and the repression of unfair competition. The Paris Convention for the Protection of Industrial Property includes 30 articles which helps creators ensure that their intellectual works were protected in other countries. The substantive provision of the Convention fall into three main categories: national treatment, right of priority, common rules.

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Convention Establishing the World Intellectual Property Organization (WIPO)

Convention Establishing the World Intellectual Property Organization (WIPO) was signed at Stockholm on July 14, 1967 and as amended on September 28, 1979. Under article 3, the goal of this Organization is promoting the protection of intellectual property throughout the world through cooperation among States and ensure administrative cooperation among Unions. This convention includes 21 articles and entered into force on April, 26, 1970.

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Agreement on Trade – Related Aspects of Intellectual Property Rights (TRIPS Agreement)

Agreement on Trade – Related Aspects of Intellectual Property Rights (TRIPS Agreement) is an international agreement negotiated within Uruguay Round which of The General Agreement on Tariffs and Trade (GATT) in 1994. This Agreement is to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of Intellectual property rights, and to ensure that measures to procedures to enforce intellectual property rights and do not themselves become barriers to legitimate trade. TRIPS Agreement is Annex 1C of Agreement Establishing The World Trade Organization (WTO) including 3 parts and 71 articles which is compulsory for all of members passed on April 15, 1994 at Marrakesh and came into force on January 1, 1995.

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Seed Ordinance 2004

Seed Ordinance was promulgated by National Assembly Standing Committee under No: 15/2004/PL-UBTVQH11. The purpose of this Ordinance is stipulating the management and preservation rules for plant genetic resources, research, selection, breeding, evaluation, on-site inspection, seed testing, release the new variety and protection of new plant varieties, selection and certification of mother trees, seed orchards, variety garden and forest; seed production and business; quality control for the seed and seedling. This Ordinance was divided in 8 chapters and 51 articles and took effect on 1st July 2004.

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Ordinance of handling of administrative violations

Under No. 44/2002/PL-UBTVQH10, Ordinance of handling of administrative violations was enacted. The goal of this Ordinance is to prescribes on handling of Administrative violations to prevent and combat administrative violations, contributing to maintaining the security, social order and safety, protecting the interest of State as well as legitimate rights and interest of individuals and organizations, enhancing the socialist legislation and raising the State management effectiveness. There are 10 chapters and 124 articles in this Ordinance which shall replace the July 6, 1995 Ordinance on Handling of Administrative Violations and takes effect as from October 1, 2002.

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ORDINANCE Appeal 2006

Under no. 29/2006/PL-UBTVQH, Ordinance amending and supplementing a number of articles of Ordinance on procedures for the settlement of Administrative cases was promulgated. This Ordinance amends and supplements a number of articles of May 21, 1996 Ordinance on Procedures for the Settlement of Administrative case, which was amended and supplemented under December 25, 1998 Ordinance amending and supplementing a number of articles of the Ordinance on procedures for the settlement of Administrative cases. 28 articles was amended and supplemented relating to the content of them and in this Ordinance, the article 29th indicates the change of using a phrase. Following this article, all of phrases “”court session clerk” should be changed as “court court clerk” in articles 39, 41, 44, 49 and 52.

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Ordinance on the procedures for the settlement of administrative cases

Ordinance prescribes procedures for the settlement of administrative cases. The purpose of this Ordinance is to ensure the timely and lawful settlement of administrative cases in order to protect the legitimate rights and interests of individuals, State agencies and organizations, and contribute to raising the effectiveness of State management. This Ordinance was divided into 11 chapters and 76 articles.

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Law on Science and Technology

Law on Science and Technology was promulgated under No. 21/2000/QH10 of June 9, 2000. The scope of regulation is regulating issues on scientific and technology organizations, individuals involved in scientific and technological activities and organization of scientific and technological activities. This Law was divided into 2 sections and 59 articles passed on  by the Xth, National Assembly of the Socialist Republic of Viet Nam at its 7th session.

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Intellectual Property Law

Under no. 50/2005/QH11, Law on Intellectual Property was promulgated including 6 parts, 18 chapters and 221 articles. The scope of this Law is governing issues on copyright, copy – related rights, industrial property right, rights to plant varieties and the protection of these rights. This Law was passed on November 29, 2005, by XIth National Assembly of Socialist Republic of Vietnam at its 8th session.

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Customs Law

Customs Law was promulgated by National Assembly of Socialist Republic of Vietnam. The goal of This Law is contributing to implementing the State’s policies on economic, cultural, social, scientific and technology development, international cooperation and exchange; and protecting national sovereignty and security, interest of the State, Legitimate rights, interests of organizations and individuals. Customs Law was divided into 8 chapters and 82 articles.

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Customs Law 2001

Criminal Procedure Code

Criminal Procedure Code was passed on November 26, 2003 under No. 19/2003/QH11. This Code includes 346 articles divided into 37 chapters. This Code prescribe the order and and procedure of instituting, investigating, prosecuting and adjudicating criminal cases and executing criminal judgments.

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Civil Procedure 2004

Civil procedure code was passed on June, 15, 2004 under No. 24/2004/QH11. This code includes 418 articles divided into 36 chapters. Civil procedure code provides for the order and procedures for setting civil case and matters and enforcing civil judgments.

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Vietnamese Civil Law code 2005

Vietnamese Civil Law code 2001 of Vietnam was replaced by the code 2005. National Assembly passed on this code on June, 14, 2005. Vietnamese civil law code 2005 regulates the issues on civil rights and obligations of individual and organizations, as well as property and ownership…The Vietnamese Civil Law Code 2005 has 777 Articles in 7 Sections and 36 Chapters, which took effect on  January 01, 2006…Especially, Civil code 2005 also governs the issues on Intellectual property on Section 6th, Chapter XXXIVth.

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The Law Amending and Supplementing a Number of Articles of the Penal Code

National Assembly promulgated the Law amending and supplementing some articles of penal code which was passed on June, 19, 2009 under no. 37/2009/QH12. Two articles including 170, 171 which relate to Intellectual property (IP) were amended and supplemented. Particularly, article 170a is “Infringing upon copyright and related rights”. This is complementary content in comparison with the article in Law on 2005. Article 171 “Infringing upon industrial property rights” was amend and supplemented. Following the amendment, Geographical indication was added and content of that article is more concise and clearer than article in Law on 2005.

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The Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property

National Assembly promulgated the Law amending and supplementing a number of articles of the Law on Intellectual property (IP) which was passed on June, 19, 2009. This statute document enhances the applicability, makes more suitable for reality and trengthens the framework of Law 2005 on Intellectual property. The Law amending and supplementing a number of articles of the Law on Intellectual property includes 30 articles amended and supplemented.

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