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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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INVITATION TO THE IP WEEK @ SINGAPORE 2016

Upcoming event in August – IP week 2016 is an annual event organized by Intellectual Property Office of Singapore (IPOS), IP Academy Institute, IPOS International and IP ValueLab. This is opportunity for attendees to understand more about Intellectual property (IP). Moreover, attendees discuss, find out chances to introduce their business or cooperate with other companies. With the concentration on “Powering the Innovation Cycle through IP” and another special fair “the IP Ecosystem Fair”, IP week 2016 is an attracting and useful event.

The IP Week @ Singapore 2016 will be held from 22 to 24 August 2016 at the Marina Bay Sands Expo and Convention Centre in Singapore.

The IP Week@Singapore is an annual event jointly organized by Intellectual Property Office of Singapore (IPOS), IP Academy Institute, IPOS International and IP ValueLab. Now into its fifth run, the IP Week @ Singapore has become a leading platform in Asia for business leaders and luminaries of the IP ecosystem to network and exchange insights. The opening ceremony of the IP Week @ SG2016 will be graced by the Singapore Minister of State for Law, Ms. Indranee Rajah.
Focusing on “Powering the Innovation Cycle through IP”, this year’s anchor event, “Global Symposium on IP-driven Innovation” will be devoted to the understanding of the new possibilities brought forth by IP as a new asset class and how IP portfolios are being used as a means to produce new innovations. The Symposium will be held from 23 to 24 August 2016 at the Marina Bay Sands Expo and Convention Centre in Singapore.
Nested within the IP Week @ Singapore 2016 is the IP Ecosystem Fair, which is held on the same days at the same venue. The Fair is open to the public and serves as a one-stop platform for the ‘Best of class’ IP Intermediaries and service providers to showcase their business. Attendees can also look forward to a series of complimentary talks and abundant networking opportunities at the Fair.
Details about the IP Week @ Singapore 2016 could be refered at https://www.ipos.gov.sg/ipweek2016.
The NOIP has the pleasure to invite S&T institutions, research institutes, universities, businesses and inventors to attend the IP Week @ Singapore 2016. All relevant costs shall be borne by the attendees themselves. Potential attendees of the IP Week @ Singapore 2016 could be registered before 26 July 2016 through the following address:
Ms. Doan Thieu Trang, International Cooperation Division, NOIP
Tel: (84-4) 35588774
Email: doanthieutrang@noip.gov.vn.
International Cooperation Division

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=4B0B7CB61018A56047257FE80034EEDE

Trademark, Patent, or Copyright?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include: brand names, slogans, and logos. The term “trademark” is often used in a general sense to refer to both trademarks and service marks

Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below). Therefore, a trademark can last forever – so long as you continue to use the mark in commerce to indicate the source of goods and services. A trademark registration can also last forever – so long as you file specific documents and pay fees at regular intervals.
Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. For more information about “common law” trademark rights and the advantages of federal registration see the Basic Facts About Trademarks brochure.
Each time you use your mark, it is best to use a designation with it. If registered with the USPTO, use the ®symbol after your mark. If not yet registered, you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark.
NOTE: Use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services may qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. For example, in a state where you will be doing business, you might file documents (typically with a state corporation commission or state division of corporations) to form a business entity, such as a corporation or limited liability company. You would select a name for your entity, for example, XYZ, Inc. If no other company has already applied for that exact name in that state and you comply with all other requirements, the state likely would issue you a certificate and authorize you to do business under that name. However, a state’s authorization to form a business with a particular name does not also give you trademark rights and other parties could later try to prevent your use of the business name if they believe a likelihood of confusion exists with their trademarks. For more information on when a designation may function as both a business name (“trade name”) and a trademark or service mark, see TMEP §1202.01
A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions. The duration of patent protection depends on the type of patent granted:
• Design Patents – 15 years from issuance for applications filed on or after May 13, 2015 (14 years from issuance if filed before May 13, 2015)
• Utility patents and plant patents – 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed.
Under certain circumstances, patent term extensions or adjustments may be available. For information on patents, please visit Patents or contact 800-786-9199.

A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. The duration of copyright protection depends on several factors. For works created by an individual, protection lasts for the life of the author, plus 70 years. For works created anonymously, pseudonymously, and for hire, protection lasts 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

Source: http://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

Copyright registration in Vietnam

Lawyer Nguyen Thanh Ha from SBLAW discussed about legal procedure to register copyright in Vietnam, this video was shown in Netviet Television:

Patent Expert Issues: Computer Programs and Business Methods

Computer technology penetrates nearly all areas of our life, not only in business environments but also in daily surroundings. But a computer cannot operate without instructions. These instructions, so-called computer programs or software, may be incorporated in the computer or any other apparatus, but are often stored, reproduced and distributed on portable media such as CD-ROMs or transmitted on-line.

Once created, it is often possible to reproduce software easily at very low cost, and in unlimited quantities. Although copyright protection is available for “literal expressions” of software, it does not protect the “concept” behind the software, which often is a core part of its commercial value. Since such concepts frequently fulfil technical functions, such as controlling machines or processing data, the patent system is often available to protect software-related inventions that involve such technical functions.

Generally, several approaches have been taken in protecting software by means of patents. While some countries grant patents for all types of software, computer programs are expressly excluded from patentable subject matter in many countries. However, in many of those latter countries, computer programs are only not patentable “as such” thus making it possible to obtain patent protection for computer program-related inventions with a technical character. As justification for excluding software from patent protection, it is often said that innovation in this field typically involves cumulative, sequential development and re-use of others’ work, and that the need to preserve interoperability between programs, systems, and network components does not fit with the mechanisms of the patent system because the range of options available to the second-comer may be constrained. On the other hand, some argue that patent protection of computer software is necessary in order to provide adequate incentive for investment in this field and to support innovation in various technological areas, which are increasingly developing hand-in-hand with computer technology.

Business methods

In recent years, another similar issue has arisen: namely the question of the patentability of business methods. Traditionally, business methods have been either in the public domain or protected under trade secret law. Today, however, information technology offers possibilities for new business models, using information technology as a tool for processing and transmitting various data, such as technical, commercial and financial data. Due to the high economic stakes associated with such new business methods and the expansion of e-commerce in our society, the debate on the feasibility of patenting business methods has continued at various fora.

Source: http://www.wipo.int/patents/en/topics/computer_programs.html

Revisions needed in IP compliance

HA NOI (VNS) — Revision of the legal framework on intellectual property to ensure compliance with the EU – Viet Nam Free Trade Agreement (EVFTA) during enforcement should focus on efficiency as violations remained rampant.

The initial review by the Viet Nam Chamber of Commerce and Industry (VCCI) found that the differences between Viet Nam’s jurisdiction and the EVFTA’s commitments on intellectual property were amazingly minor.

Nguyen Thi Thu Trang, director of the Centre for WTO and Economic Integration, said at yesterday’s conference held by the VCCI that general provisions and principles, and standards and enforcement of intellectual property rights were found largely compliant with the EVFTA’s commitments.

She said that there were only four incompliant points, which included exclusive rights to public announcements of performers and sound/video producers; protection of 169 EU’s geographical indications listed in the FTA; commitments to offset pharmaceutical patents in case of delayed licensing; and the principle about rights of people named on a work.

Trang said that revisions were recommended for incompliances to ensure the enforcement of intellectual property rights.

According to Trang, the difficulty now was to ensure the enforcement could be efficient in reality amidst the condition that violations to intellectual property remained rampant in the country.

Pham Vu Khanh Toan from Pham & Associates Law Firm said that the co-ordination between relevant ministries and organisations should be enhanced to better control the enforcement as well as balance the social, community and holders’ benefits.

An expert said that firms, especially those of small and medium sizes, must enhance knowledge about intellectual property.

Viet Nam’s legal system on intellectual property was currently implemented in line with the Agreement of Trade-Related Aspects of Intellectual Property of the World Trade Organisation (TRIPS). — VNS

Soure: http://vietnamnews.vn/economy/283045/revisions-needed-in-ip-compliance.html

NOIP AND JPO START THE PPH PILOT PROGRAM

On 1 April 2016, the National Office of Intellectual Property of Viet Nam and the Japan Patent Office (JPO) jointly launched the Patent Prosecution Highway (PPH) Pilot Program. This is NOIP’s first ever PPH Pilot Program ever with another IP Office.

Under the PPH Pilot Program, a patent application filed with JPO (previously filed with NOIP) falls under one of the following:
(i)  an application which validly claims priority under the Paris Convention to the NOIP application(s) (examples are provided in ANNEX, figure A, B, C, F, G  and H of the Procedures to file a request to JPO)  (English version /Vietnamese version) or
(ii) a PCT national phase application without priority claim (examples are provided in ANNEX, figure I of the Procedures to file a request to JPO), or
(iii) an application which validly claims priority under the Paris Convention to the PCT application(s) without priority claim (examples are provided in ANNEX, figure J, K and L of the Procedures to file a request to JPO);
and satisfies other requirements stated in the Procedures to file a request to JPO, applicants can request JPO to conduct accelerated examination by a prescribed procedure including submission of relevant documents.
On the other way around, a patent application filed with NOIP (previously filed with JPO) falls under one of the following:
(i) an application which validly claims priority under the Paris Convention to the JPO application(s) (examples are provided in ANNEX , Figure A, B, C, F, G and H of the Procedures to file a request to NOIP), (English version /Vietnamese version), or
(ii) a PCT national phase application without priority claim filed at JPO as receiving office (the application number begins with PCT/JP, hereafter referred to as PCT/JP application) (examples are provided in ANNEX , Figure I of theProcedures to file a request to NOIP), or
(iii) an application which validly claims priority under the Paris Convention to the PCT/JP application(s) referred to in (ii) above (examples are provided in ANNEX , Figure J, K and L ofthe Procedures to file a request to NOIP)
and satisfies other requirements stated in the Procedures to file a request to NOIP, applicants can request NOIP to conduct accelerated examination by a prescribed procedure including submission of relevant documents.
The PPH Pilot Program will be jointly operated by NOIP and JPO in three years. It will end on 31/3/2019./.
International Cooperation Division
Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=0AD505DB6A2BBD8F47257FDB0036810C