|
New
Industrial Property Legislation in Vietnam in 2001-2003
|
Statistics:
Number of applications
filed to the Vietnam National Office of Industrial
Property (NOIP) in the 9 months of 2003 up to 19/9/2003:
|
Applications for invention:
|
668
|
|
Applications for utility
solution:
|
75
|
|
Applications for trademark
through national route:
|
7425
|
|
Applications for trademark
by Madrid Protocol:
|
2241
|
|
Applications for industrial
design:
|
430
|
|
Applications for assignment
and license:
|
222
|
|
Petitions:
|
334
|
|
Applications for renewal
of certificate:
|
1996
|
|
Applications for amendment
of certificate:
|
1264
|
|
<<
Top >>
Industrial Property Legislation
In the year 2001-2003, the development
of Viet Nam IP law system is as follows:
-
On December 28, 2001, the National Assembly ratifies the Vietnam-US
Bilateral Trade Agreement (BTA) in which IP issue occupies
a large portion: some 40% of the Agreement;
-
On February 1, 2001 the Government issued Decree No. 06/2001/ND-CP
amending and supplementing a number of articles of Decree
No. 63/CP;
-
On April 20, 2001 the Government issued Decree No. 13/2001/ND-CP
on Protection of New Plant Variety;
-
On September 14, 2001 the Ministry of Science, Technology and
Environment issued a Circular amending and supplementing a
number of articles of Circular No. 49/2001/TT-BKHCNMT;
-
On September 29, 2001 the National Assembly passed the Customs
Law in which the Custom Agency is assigned by the Government
to deal with violations in the fields of Industrial property
at National entries.
-
On May 2, 2003 the Government issued Decree No. 42/2003/ND-CP
on the protection of industrial property rights over semiconductor
integrated circuit layout designs.
<<
Top >>
Industrial
Property issues in the Bilateral Trade Agreement between the
Socialist Republic of Vietnam and the United States of America
on trade relations.
The Agreement between the Socialist Republic of Vietnam
and the United States of America on Trade relations was signed
on July 13, 2000 in Washington.
The Agreement between the Socialist Republic of Vietnam
and the United States of America on trade relations is a rather
perfect international treaty, including trade in goods, trade
in services, Intellectual Property (IP), and Investment Relations
of which the IPR is a center of importance as stipulated in
Chapter II of the Agreement which includes 18 Articles providing
various issues under IP protection on the basis of economic-commercial
relations between the 2 nations.
The Agreement also includes provisions on implementation
of Intellectual Property right in general and Industrial Property
right, in particular, the concrete regulations on procedures
and penalties in civil and administrative procedures, interim
measures and criminal penalties, protection of IPR at national
border, existing subjects, technical cooperation.
<<
Top >>
Protection
of industrial property rights to new objects
On 3/10/2000
the Government approved the Decree No. 54/2000/ND-CP on the
protection of industrial property rights to some new objects:
The Decree 54/2000/ND-CP prescribes in detail the protection
of industrial property rights to some new objects, including
business secrets, geographical indications and commercial
names and the protection of the right against industrial property-related
unfair competitions.
The term “business
secrets” are “investment yields” in form of information
that satisfy 3 conditions: being those other than general
knowledge, being applicable to business activities and when
being used, such information may render advantages, being
kept secret by their owners with necessary measures. The specific
term was not prescribed in the Decree, but it is provided
that rights of owners of industrial property rights to business
secrets shall be protected as long as such business secrets
satisfy all three aforesaid conditions. Industrial property
rights to business secrets may be transferred or inherited.
Geographical
indications are information on geographical origins of
goods being expressed in a word, expression, sign, symbol
or image used to indicate a nation or a territory or a locality
belonging to a nation in order to indicate that such goods
have the origin from a nation, territory or locality, whereas
the quality, prestige and reputation or other properties of
such goods are principally attributed to their geographical
origin. The right to use geographical indications shall not
be transferable. The right to use the geographical indications
shall be protected as long as all the specific conditions
regarding geographical indications and the conditions regarding
manufacturing activities of those entitled to use geographical
indications.
Commercial names
are the proper name of an organization or individual used
in the business activities. Commercial names are a combination
of alphabetical letters, which can be accompanied with numerals
and pronounceable. Commercial names are capable of distinguishing
the business subject bearing such name from other business
subjects in the same business field. Commercial names, which
cause confusion with others’ commercial names, which have
previously been used in the same locality and in the same
business field, or cause confusion with others’ trademarks,
which have already been protected, shall not be protected
as commercial names. Commercial names are transferable or
inheritable provided that the transfer must be effected together
with the entire business establishments and business activities
under such commercial names.
The industrial property rights to business secrets,
geographical indications and commercial names shall be automatically
established when there exist all the conditions prescribed
without having to make registration.
When exercising the right to request the handling of
infringing acts, the owners of above three industrial property
objects, shall be obliged to prove the conditions for establishing
their right and the scope thereof; clearly state the names
and addresses of persons who have committed infringing acts;
and supply evidences of scope and seriousness of such infringements.
The competent authorities will handle the acts of infringing
upon industrial property rights to these objects according
to the order and procedures for handling acts of infringing
upon other industrial property rights.
One other right protected under the Decree 54 is protection of the right against industrial property-related unfair competitions.
Acts of industrial property-related unfair competition include
using commercial instructions to mislead the perception and
information about business subjects, business, establishments,
business activities, goods and/or services for the purpose
of damaging other people, appropriating and using investment
yields of others without their permission. Organizations and
individuals that suffer from damage or are in danger of suffering
from damage shall be entitled to request the competent State
bodies to force to stop acts of industrial property-related
unfair competition, claim damages; administratively handle
or examine for penal liability. When exercising such a right,
organizations and individuals shall be obliged to prove the
fact that their legitimate rights and interests of those organizations
and individuals they are representing are infringed upon or
in danger of being damaged.
This Decree shall apply to domestic and foreign organizations
and individuals conducting business activities on the Vietnamese
territory. This Decree shall also apply to organizations,
individuals that have their industrial property rights protected
under provisions of international multilateral, bilateral
agreements which Vietnam has signed or acceded to. In cases
where an international agreement which Vietnam has signed
or acceded to, contains provisions different from those of
this Decree, the provisions of such international agreement
shall apply.
<<
Top >>
Provisions on Intellectual
Property rights in the Customs law
On September 29, 2001, at the 9th session
of 10th National Assembly legislature, the Customs
Law has been approved by the National Assembly. The Customs
Law consists of 8 chapters, 82 articles, and taking effect
as from January 1, 2002. The Customs Law prescribes relations
in the operation of the Customs service including the matters
of intellectual property. On this part, we would like to introduce
articles 57, 58, 59 of Chapter III, Section 5 of the Customs
Law: “Temporary postponement of customs procedures completion
for export and import goods upon requests for protection of
intellectual property rights“.
Article 57: Principles
for Temporary Postponement of Customs procedure completion.
Article 58: Conditions for requesting
the Temporary Postponement of Customs procedure completion.
Article 59: Specific provisions on
the Temporary Postponement of Customs procedure completion.
Pursuant to this Law and other provisions of law, the
Government shall prescribe in detail the temporary postponement
of Customs procedures completion for export and import goods
upon requests for protection of Intellectual Property Rights.
<<
Top >>
Protection of New Plant
Variety and Semiconductor integrated circuit layout designs
According to Decree No. 13/CP-2001/ND dated April 20,
2001 of the Government on protection of new plant variety,
a new plant variety will be protected if it meets the following
criteria.
·
It belongs to the species of plant protected by the State.
·
It possesses commercial novelty, i.e. it has never been used
for sale.
·
It’s name is in compliance with the regulation of variety name.
· It is distinctive with the different varieties of the same
species (Distinctness)
·
Plants of the population of new variety must be uniform (Uniformity).
·
Stability must be maintained in continuous generations of new
variety (Stability).
·
The technique criteria are defined based on the result of the
test on Distinctness, Uniformity, Stability of which the abbreviation
is DUS test.
Decree
No. 42/2003/ND-CP was issued by the Government on May 2, 2003
on the protection of industrial property rights over semiconductor
integrated circuit layout designs.
“Semiconductor integrated circuit layout designs” is
a three-dimensional disposition of circuit elements and their
interconnections in semiconductor integrated circuits.
The certificate
of registration of semiconductor integrated circuit layout
designs was issued by the National Office of Industrial Property
and the valid duration is 10 years, as from the date of issuance
of the title, and 15 years, as from the date of layout design
creation. All organizations and individuals, both Vietnamese
and foreigners have the right to submit an application (according
to international regulations Vietnam has signed or been part
of). Every foreign individual, legal entity, that doesn’t
have business or manufacturing foundation in Vietnam has to
submit an application via Representative Industrial Property
organizations such as WINCO.
<<
Top >>
|
