IP law document

The Customs Law was passed on June 29, 2001, came into force on January 1, 2002 and was amended in June 2005. The section 5 of the Customs Law is devoted to intellectual property. It contains 3 articles (articles 57, 58 and 59) setting up the conditions of the customs...

The 1st Criminal Code of Vietnam including provisions on intellectual property is the Criminal Code passed on December 21, 1999 that came into force on July 1, 2000. The Criminal Code, 1999 included several provisions on intellectual property. First of all, infringements upon copyrights and their consequences are explained in...

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...

Madrid Agreement Concerning the International Registration of Marks was established in 1891 for the purpose of providing a mechanism that helps for international trademark registration to eliminate the need for filing, prosecuting or maintaining separate registrations in multiple countries. Registration of a mark under the Agreement provides for the...

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...

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...

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,...

Agreement establishing the ASEAN-Australia-Newzealand Free Trade Area (AANZFTA) started negotiating in 2005 and came in force for all countries in 2012. The AANZFTA is the first comprehensive FTA signed by ASEAN. Issues on Intellectual property right are defined in Chapter 13 including 12 articles. This chapter regulates intellectual property...

Hague Agreement Concerning the International Registration of Industrial Designs was adopted in July 2, 1999. The object relate to this Agreement is Industrial designs. Hague Agreement established an international system that is a crucial foundation to protect industrial designs in multiple countries with minial fomarlities. The provisions of this...

Vietnam - U.S. Bilateral Trade Agreement (BTA) signed on July, 2000. The BTA is a result of making efforts by both parties over 4 years of negotiations and  a key step in the historic reconciliation between the United States and Vietnam. This is important foundation for Viet Nam to...

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...

The ASEAN-Japan Comprehensive Economic Partnership (AJCEP) was signed in April 2008. AJCEP shows a effective and intensive cooperation between a regional organisation in Southeast Asia – ASEAN and a developed country – Japan. This Agreement consists of trade in goods, trade in services, investment, and economic cooperation. Major provisions...

The Civil Procedure Code was passed on June 15, 2004, and came into force on January 1, 2005. It provides processes and procedures for the settlement of civil affairs and the enforcement of civil judgments. More precisely, when it comes to intellectual property, articles 25-4, 29-2 and 34-1 of the...

  The Ordinance on Handling of Administrative Violations was passed on July 2, 2002 and came into force on October 1, 2002. It was amended in 2008 by the new Ordinance on Handling of Administrative Violations. The Ordinance foresees general provisions in case of administrative violations and also regulates the...

Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks was adopted at Madrid on June 27, 1989. This is comprised of 16 articles. The system makes it possible to protect a mark in a large number of countries by obtaining an international registration that has effect...