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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.
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In
addition, there are some other subordinate legal documents,
which are guidelined for the implementation of the above
provisions.
International
Conventions and Treaties
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Now,
Vietnam is a member of the following conventions and
treaties:
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Paris Convention, since 1949.
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Convention
establishing the World Intellectual Property
Organization, since 1976.
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PCT
(Patent Co-operation Treaty), since 1993.
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Madrid
Agreement Concerning the International Registration
of Marks, since 1949.
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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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