IP law document

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 Civil Procedure Code was passed on June 15, 2004, and came into force on January 1, 2005. It provides processes and procedures for the settlement of civil affairs and the enforcement of civil judgments. More precisely, when it comes to intellectual property, articles 25-4, 29-2 and 34-1 of the...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

CIRCULAR No. 01/2008/TT- BKHCN was enacted on February 25, 2008 regulates procedures for granting and withdrawing of  industrial property certificate of assessor card and industrial property assessment organizations. Following this Circular, subjects of industrial property assessment comprise: Assessment of inventions and semi-conductor integrated circuit layout designs,  Assessment of industrial...