IP law document

The Law on Technology Transfer was passed on November 29, 2006 and came into force on July 1, 2007. Aim of the law is to regulate the transfer of technologies in Vietnam, from Vietnam to abroad and from abroad to Vietnam. The law contains some specific provisions related to intellectual...

Instruction was promulgated by the Prime Minister on February 22, 2007. The goal of this Instruction is to take directions for the strengthening and maintaining of computer program copyright protection. To get a high result, Prime Minister requires Ministries such as Ministry of Public Security, Ministry of Defense, Ministry...

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...

Decree No. 106/2006/ND-CP was adopted on September 22, 2006. This Decree provides for administrative violations in the domain of intellectual property, sanctioning forms and levels, sanctioning competent and procedures as well as remedies. The Decree is composed of 5 chapters and 37 articles and entered into force on October...

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...

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...

Decree No. 56/2009/ND-CP was passed on June 6, 2006. This Decree governs issues on acts, competence and procedures for sanctioning administrative violations in the culture and information activities. Administrative violations in cultural and information domains defined in this Decree include acts of violating state management regulations in press activities; publishing...

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...

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...

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...

Patent Cooperation Treaty was passed on at Washington on June 19, 1970 and modified on February 3, 1984, and on October 3, 2001. PCT comprises 8 chapters and 69 articles and came in force on April 1, 2002. The Patent Cooperation Treaty assists applicants in finding protection internationally for...

Trademark Law treaty was passed on October 27, 1994 consisting of 25 articles. The goal of this Treaty is to standardize and streamline national and regional trademark registration procedures by simplifying of certain features of those procedures. That reason why trademark applications and administration of trademark registrations in multiple...

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...

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,...

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...