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OVERVIEW
The
International Conventions and Treaties in the field of industrial
property of which Vietnam is a member
*
Stockholm Convention establishing the World Intellectual Property
Organization.
The
World Intellectual Property Organization referred to in abbreviated
form as "WIPO" in English was established by a Convention
signed at Stockholm on July 14th 1967, and entitled "Convention
Establishing the World Intellectual Property Organization".
This is an intergovernmental organization and one of 16 specialized
agencies of the United States with the headquarters in Geneva, Switzerland.
The objectives of WIPO are to promote the protection of intellectual
property throughout the world through cooperation among States and
to administer conventions and treaties on intellectual property.
The number of contracting States of WIPO was 171 on June 22nd 1999.
Vietnam became Member of WIPO as from July 2nd 1976.
*
Paris Convention for the Protection of Industrial Property
This
Convention signed at Paris in 1883 and its contracting States were
155 on June 22nd 1999. Vietnam became Member of the Paris Convention
as from March 8th 1949. The substantive provisions of the Convention
fall into the following categories:
National
treatment: each contracting State must grant the same protection
to nationals of the other contracting States as it grants to its
own nationals
Priority right: on the basic of the regular first application filed
in one of Contracting States, the applicant may within a certain
period of time (12 months for patents and Utility models, 6 months
for industrial designs and trademarks) apply for protection in any
of the other contracting States, and these later applications will
then be regarded as if they had been filed on the same day as the
first application.
In
addition, the Convention lays down a few common rules, which all
the contracting States must follow, such as the independence of
patents granted in different contracting States for the same invention,
and the right to be named in the patent, etc.
*
Madrid Agreement concerning the International registration of Marks
This
Agreement signed at Madrid in 1891 and it provided for the international
registration of marks at the International Bureau of WIPO in Geneva.
According to this Agreement, a national of one of the contracting
States who wants to register his mark in several other contracting
States, must first have his mark registered in the national trademark
office of the country of origin. Once this is done, he may apply,
through that national office, for international registration, to
the International Bureau. The international registration, once affected,
will be published by the International Bureau and notified to the
contracting States in which the applicant seeks protection. Each
such State, may, within one year, declare - with an indication of
the ground for its decision - that protection cannot be granted
to the mark in its territory. If such a declaration is not made
within the period of one year, the international registration has
the effect of a national registration.
The
number of contracting States of this Agreement on June 22nd 1999
were 51. Vietnam became Member of this Agreement as from March 8,1949.
Up to now, there are more than 50, 000 marks have been protected
in Vietnam through Madrid Agreement.
*
Patent Cooperation Treaty (PCT)
The
Patent Cooperation Treaty signed at Washington in 1970. The number
of contracting States of this Treaty were 103 on June 22nd 1999.
Vietnam became Member of this Treaty as from March 10th 1993.
The
Treaty provides that an applicant who is a national or resident
of a contracting State, files an "international" patent
application with the national patent office of the contracting States
of which the applicant is a national or resident or with the International
Bureau of WIPO in Geneva.
The Treaty also provides in detail the formal requirements for international
application, international search and procedures for handling such
applications in national patent office of the contracting States.
At present, most of foreign patent applications have been filed
through PCT.
Current legislation on Intellectual Property
Administration and management of intellectual property
system
- The
National Office of Industrial Property under Ministry of Science,
Technology and Environment administers industrial property.
-
Copyright is administered by the Copyright Office under Ministry
of Culture and Information
-
Industrial Property and Copyright activities in cities and provinces
are administered by the Industrial Property and Copyright Division
under City's and Province's Department of Science, Technology
and Environment and Department of Culture and Information, respectively.
System for ensuring Industrial Property
Rights Enforcement
System
of offices for hearing and enforcement of judgment:
Giving
directions for hearings to local courts and handling appeal, causational
hearings for industrial property cases.
Taking
hearings of first instance against civil cases and administrative
cases concerning industrial property; taking first instance and
appeal hearings against criminal cases relating to infringements
of legal provisions on industrial property.
Providing
guidance for judgment enforcement in terms of professional skills
and supervising judgment enforcement.
Concerning
the enforcement of judgment and decisions of courts at various levels
System
of administrative offices for ensuring domestic enforcement of industrial
property rights:
- Agencies
for enforcement of industrial property rights at central level:
- Ministry
of Science, Technology and Environment (Board of Inspectorate):
-
Providing guidance for enforcement of legal provisions on applying
remedies against administrative violation in the field industrial
property;
- Handling administrative violation all over the country.
- Local agencies
for industrial property rights enforcement.
-
System of border-controlling administrative authorities
Providing
guidance for the implementation of legal provisions on industrial
property relating to export and import goods
- Departments
of Customs in central provinces and cities:
Guiding
the enforcement of industrial property laws in export and import
activities in localities
Testing
the compliance of industrial property provisions in export and import
goods at border gates.
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