IP Protection in Vietnam

IP Protection in Vietnam

The Intellectual Property (IP) belongs to the fastest developing law in Vietnam in the recent decades although it has launched since 1980s. Until now, the IP is still developing and changing to make it more suitable for the development of the economy and society. Being introduced in 1981, the protection of of industrial property as well as the Ordinance on Innovation and Invention concentrate on the rights, not on the inventors or creators. The period of 1981 – 1989, many regulations on trademarks, industrial designs, copyright, licensing of industrial property, etc, the industrial property protection was effected in Vietnam.

On 28 January, 1989, the State Council passed the Ordinance on IP Protection in Vietnam. That was also the time to make the important turning point to the industrial property laws. In which, the protection of utility solutions, trademark, invention and designs are built base on the Ordinance of the country. According to the 1989 Ordinance, the Decree 84 HDBT was issued by the Government in the early 1990. The 1994 Ordinance about the Copyrights gave higher efficiency about the copyright protection.

 

IP Protection in Vietnam

 

The development of IP regime in Vietnam had got the turning point in Vietnam while it introduced the Civil Code. The national Assembly adopted on 28 October, 1995 and it was effective on 1 July, 1996. The IP regime in Vietnam codified the existing regulations on the civil matter, as well as created the firm foundation for ownership and civil rights. All the former legal registrations on IP were replaced by the Civil Code 1995. The two legislations which were the 1989 Ordinance on IP Protection and the 1994 Ordinance on Copyrights were included. There were some important changes which were mentioned in the Civil Code 1995. This aimed to implement some regulations to make the achievement in the TRIPs Agreement as well as the international conventions.

The Civil Code took place of the Civil Code 1995 and it was done by the National Assembly on 14 June, 2005. Instead of mentioning about 26 industrial property rights like it was mentioned in the Civil Code 1995, there were only 4 main provisions on industrial property protection and plant varieties. The coverage included many matters which were the trade secrets, geographical indications, industrial property protection, etc. With the goals of reduce 35 to 14 relevant provisions, the term “related rights” was substituted for the very long term “rights and obligations of performers, producers of phonograms and video grams and broadcasting organizations”. Those rights which were broadcasting programs, individuals over performances, entities and encrypted program-carrying satellite signals were included.

 

IP Protection in Vietnam

 

The reality showed that not all regulations were fit together and fit to TRIPS-WTO before the new IP Law 50/2005 was launched. As a part of the documents to be a part of WTO, Vietnam had changed some rules to make it possible understand in the short and sharp documents. On 1 July, 2006, the IP Law 50/2005 was effective. Being recognized by the IP owners and all Vietnamese institutes was an important change which adequate protection and fully compliance with the TRIPs obligations. After that, the regulations would be founded for the guidelines and provisions for the IP Law 50/2015 implementation.

For the past years of implementing the regulations practically, the IP Law 50/2005 showed its own mistakes in which some regulations weren’t suitable and practical. Relying on those mistakes, the change and supplementations were done in 19 June, 2005. In the first day of 2010, the amended IP Law turned into reality. This change included some very important things that related to the copyrights, the industrial property and the plant variety rights. With the amended IP Law, some Decrees and Circulars for the amended IP Law had been changed to make them more suitable and possible to apply to the reality.

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