PART VI: Implementing Provisions (Law no. 50/2005/qh11 on intellectual property)

PART VI
Implementing Provisions

Article 220 Transitional provisions

1. Copyright and related rights protected pursuant to legal instruments which were effective before the effective date of this Law shall continue to be protected pursuant to this Law if they remain within the term of protection on the effective date of this Law.

2. Applications for registration of copyright, related rights, inventions, utility solutions, industrial designs, marks, appellations of origin of goods, layout designs or plant varieties which were filed with the competent bodies before the effective date of this Law shall continue to be processed in accordance with the provisions of the legal instruments effective at the time of filing of such applications.

3. All rights and obligations conferred by protection titles granted according to the provisions of law effective before the effective date of this Law and procedures for maintenance, renewal, amendment, licensing, ownership assignment and settlement of disputes relating to such protection titles shall be subject to the provisions of this Law, except for grounds for invalidation of protection titles which shall only be subject to the provisions of legal documents effective at the time of grant of such protection titles.

4. Trade secrets and trade names which existed and were protected pursuant to Decree No. 54-2000-ND-CP of the Government dated 3 October 2000 on protection of industrial property rights with respect to trade secrets, geographical instructions and trade names and protection of rights to fight against unfair competition relating to industrial property shall continue to be protected under this Law.

5. From the effective date of this Law, geographical indications including those protected under the Decree mentioned in clause 4 of this article shall only be protected after registration in accordance with the provisions of this Law.

Article 221 Effectiveness

This Law shall be of full force and effect as of 1 July 2006.

Article 222 Implementing guidelines

The Government and the Supreme People’s Court shall provide detailed regulations and guidelines for the implementation of this Law.

This Law was passed by Legislature XI of the National Assembly of the Socialist Republic of Vietnam at its 8th session on 29 November 2005.

Chairman of the National Assembly

NGUYEN VAN AN

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