IP law document

Convention Establishing the World Intellectual Property Organization (WIPO) was signed at Stockholm on July 14, 1967 and as amended on September 28, 1979. Under article 3, the goal of this Organization is promoting the protection of intellectual property throughout the world through cooperation among States and ensure administrative cooperation...

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...

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 Ordinance on Procedures for the settlement of Administrative Cases came into force on July 1, 2006. It aims at amending a number of articles of the former Ordinance on Procedures for the settlement of Administrative Cases, 1996. The new Ordinance also contains general provisions about administrative proceedings and procedures...

This Decree was passed on November 28, 2007. Decree no. 57/2005 regulates penalties in the field of Plant Varieties relating administrative violations. This Decree admends and supplements a number of articles for that Decree including 3 articles. For the full text of the Decree, please click here: Decree Revision and supplementing...

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...

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...

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,...

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...

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...

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...

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...

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...

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...