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...
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, 1974
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...
Criminal Code, 1999:
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...
Intellectual Property Law, 2009:
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,...
Criminal Procedure Code, 2003:
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...
Ordinance on Handling of Administrative Violations, 2002:
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...
WIPO Copyright Treaty (WCT)
WIPO Copyright Treaty (WCT) was adopted in Geneva on December 20, 1996 consisting 25 articles. The aim of WCT is to develop and maintain the protection of the rights of authors in their literacy and artistic works in a manner as effective and uniform as possible. The WCT is...
Competition Law, 2004:
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...
WIPO Performances and Phonograms Treaty (WPPT)
WIPO Performances and Phonograms Treaty (WPPT) was adopted in Geneva on December 20, 1996 including 5 chapters and 33 articles. The treaty emphasizes the need to maintain a balance between the rights of performers and producers of phonograms and the larger public interest, particularly education, research and access to...
Decree No. 105/2006/ND-CP of September 22, 2006, detailing and guiding the implementation of the Intellectual Property Law on the protection of intellectual property rights and on the State management of intellectual property
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,...
Civil Code, 2005:
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...
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
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...
Ordinance on Handling of Administrative Violations, 2008:
The Ordinance on Handling of Administrative Violations was passed on April 2, 2008 and came into force on August 1, 2008. It aims at amending and supplementing the former Ordinance on Handling of Administrative Violations passed in 2002.
When it comes to intellectual property, only one amendment of the Ordinance...
Technology Transfer Law, 2006:
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...
Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP of April 3, 2008, guiding the Application of a Number of Legal Provisions to the Settlement of Disputes over intellectual Property Rights at People’s Courts
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...
