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 OVERVIEW 

In comparison with the high technology countries, the Vietnamese intellectual property law system is sill known as outwardly young countenance. It have been just set up for 20 years, when its first legal document promulgated in 1981 and then in 1982 involving only some of intellectual property objects that is the registration and protection of patents and trademarks.

Currently, the legal framework of intellectual property have been extended its stipulation of the following spectrum of issues:

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Principal provisions on the protection of intellectual property rights in Vietnam stipulated in the Civil Code passed by the National Assembly on October 28, 1995.

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Details on industrial property stipulated in Decree No.63/CP promulgated by Government on October 24, 1996 and amended by Decree No. 06/2001/ND-CP on February 01, 2001.

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Details on copyright stipulated in Decree No.76/CP promulgated by Government on November 29, 1996 providing Detailed Regulations and Guidelines for implementing the provisions of the Civil Code.

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Industrial Property Application Procedure guidelined in details in Circular No. 3055/TT-SHCN promulgated by Ministry of Science, Technology and Environment on December 31, 1996.

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Sanctioning Administrative Violations in the field of industrial property provided in Decree No. 12/1999/ND-CP issued by Government on March 06, 1999.

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Criminal enforcement related to industrial property stipulated in the Criminal Code enacted by the National Assembly on December 21, 1999.

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Trade Names, Trade Secret, Geographical Indications and Unfair Competition involving industrial property rights provided in Decree No. 54/2000/ND-CP issued by Government on October 03, 2000.

In addition, there are some other subordinate legal documents, which are guidelined for the implementation of the above provisions.   

International Conventions and Treaties

  1. Now, Vietnam is a member of the following conventions and treaties:

  2. Paris Convention, since 1949.

  3. Convention establishing the World Intellectual Property Organization, since 1976.

  4. PCT (Patent Co-operation Treaty), since 1993.

  5. Madrid Agreement Concerning the International Registration of Marks, since 1949.

  6. International Patent Classification (IPC) and International Classification of Goods and Services are adopted by Vietnam though it is not an official member of both Strasbourg Agreement and Nice Agreement.

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