IP law document

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...

  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...

  The Intellectual Property Law was passed by the Vietnamese National Assembly on June 19, 2009 and came into force on January 1, 2010. This law aimed to amend and supplement some articles of the former Intellectual Property Law passed in 2005. One of the new law major provisions’ is, firstly,...

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...

The Competition Law was passed on December 3, 2004 and came into force on July 1, 2005. It foresees general provisions for acts of competition’s restriction and of unfair competition. The law also provides procedures for the settlement of competition cases and measures to deal with violations of the competition...

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...

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...

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...

The Criminal Procedure Code was passed on November 26, 2003 and came into force on July 1, 2004. It provides general processes and procedures for the institution of legal proceedings, investigation, prosecution and enforcement of criminal judgments. Even if it does not contain any special provisions for intellectual property, it...

Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite was passed on May 21, 1974 at Brussels. Brussels comprises 12 articles providing for the obligation of each Contracting State to take adequate measures to prevent the unauthorized distribution on or from its territory of any programme-carrying...

Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was passed on Budapest on April 28, 1977, and amended on September 26, 1980. Budapest Treaty includes 4 parts and 20 articles relating to patent procedure. The main feature of the Treaty is...

The prolonged patent examination process remains a major concern for many inventors and enterprises looking to enter the Vietnamese market. Having to wait years for a patent grant can lead to missed commercialization opportunities or render the technology obsolete before it even receives protection. To provide readers with a comprehensive...

Decree No. 100/2006/ND-CP of September 21, 2006, detailing and guiding the implementation of a number of articles of the Civil Code and the Intellectual Property Law regarding copyright and related rights was passed on September 17, 2006 and came into force on October 17, 2006. This Decree was divided...

International Convention for the Protection of New Varieties of Plants (UPOV) was adopted on December 2, 1961 including 37 articles  and came into force on August 10, 1968. The purpose of this Convention is to ensure that the members of Union acknowledge the achievements of breeders of new varieties of...

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...