IP law document

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...

The Criminal Code was passed on June 29, 2009 and came into force on January 1, 2010. It created a few new rules amending and supplementing some articles of the former Criminal Code, 1999. When it comes to intellectual property provisions, only two changes in the Criminal Code, 2009 are...

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...

Agreement between the Government of the Socialist Republic of Vietnam and the Swiss Federal Council on the Protection of Intellectual Property and on Co-operation in the Field of Intellectual Property was adopted on 6 and 7 July 1993. The Agreement comprises 9 articles and 2 Annex providing for an...

  The former Intellectual Property Law was passed on November 29, 2005 and came into force on July 1, 2006. It was amended by the afore-mentioned new Law on Intellectual Property, 2009. The former law was considered a great advance for the protection of the intellectual property, but also for complying...

ASEAN Framework Agreement on Intellectual Property Cooperation was adopted on December 15, 1995 at Bangkok but not yet in force. Subject matter in this Agreement is Alternative Dispute Resolution (ADR), Copyright and related rights (Neighboring rights), Enforcement of IP and related laws, Geographical indication, Industrial designs, Layout designs of...

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...

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. To download this Code, please click here: Criminal Procedure Code...

Decree No. 103/2006/ND-CP was adopted on September 22, 2006 and came into force on October 21, 2006. The scope of regulation is defined on the first article which recognizes This Decree details and guides the implementation of the provisions of the Law on Intellectual Property on establishment, subject matters...

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....

The Civil Code was passed on June 14, 2005 and came into force on January 1, 2006. It replaced the former Civil Code, 1995, which had codified all existing legislations on civil matters and created the legal foundation for ownership and civil rights. It also replaced all former regulations...

Bern Convention for the Protection of Literacy and Artistic Works was adopted on September 9, 1886 and came into force in December, 1887. The Bern Convention is composed of 38 articles regulating issues on protecting of literary and artistic works and an appendix. This Convention deal with the protection...

The Ordinance on Procedures for the settlement of Administrative Cases was passed on May 21, 1996 and came into force on July 1, 1996. It was amended in 2006 by the new Ordinance on Procedures for the settlement of Administrative Cases. The Ordinance provided for general principles concerning the administrative...

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 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...