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The role of the people’s court on IPR enforcement in Viet Nam

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I. General information on the people’s court organization of the Socialist Republic of Viet Nam.

Pursuant to the Article 127 of the Constitution of the Socialist Republic of Vietnam 1992, amended and supplemented by Resolution No.51/2001/QH10 dated 25 December 2001 of the National Assembly, 10th term, 10th session, pursuant to the Article 2 of the Law on the people’s Court Organization 2002, the judicial system in Vietnam consist of :

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Court system in Vietnam

The Vietnamese court system is hierarchical with the Supreme People’s Court (SPC) at its head. The SPC has a Justice Council, which has particular responsibilities with regards to developing and disseminating new laws and policies. The SPC and the Provincial People’s Courts comprise chambers of courts (civil, criminal, administrative, labour, economic, military and appeals), which are responsible for leadership and determining policy within each jurisdiction. The Chief Justice of the Supreme People’ Court is elected by the National Assembly for a period corresponding to its term of office and is accountable to the National Assembly. At the provincial and district level are the local People’s Courts whose Chief Judges are accountable to their respective People’s Councils.

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Patent License in Vietnam

altA patent licensing means the permission by the patentee for another organization or individual to use the invention covered by his/her patent. As prescribed by the IP Law of Vietnam, the patent licensing must be established in the form of a written agreement called the patent license agreement. The party who grants the license is called the licensor, and the party to whom the license is granted is called the licensee.

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Vietnamese patent law basics

Regulations on patent are mentioned in Chapter VII Section 1 of the IP Law 50/2005.

Definition of Invention and Patentable Subject Matter

In the IP Law 50/2005, an invention is defined as a technical solution in the form of a product or process which is intended to solve a problem by application of laws of nature.

In line with most other patent systems, there are three basic criteria to be fulfilled for an invention to be eligible for protection by an invention patent: novelty, inventive step and industrial applicability.

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The National Office of Intellectual Property of Vietnam

Since its foundation in 1982, the National Office of Intellectual Property of Vietnam has undergone two re-naming times. Its initial name was the Invention Office. Subsequently in 1993, the Invention Office was renamed as the National Office of Industrial Property of Vietnam. In 2003, the National Office of Industrial Property of Vietnam was renamed as the National Office of Intellectual Property of Vietnam (NOIP).

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Patent infringement in vietnam

altAn examined act shall be regarded as an act of patent infringement when all the following bases exist:

  1. The examined subject matter is protected under a patent.
  2. The examined subject matter contains an infringing element.
  3. The person that takes the examined act is neither the patent right holder nor any person permitted by law or a competent agency.
  4. The examined act takes place in Vietnam.
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diagram of law making bodies and legal system in vietnam

Basic structure of Vietnam Legal System

The legal system of Vietnam is based on the socialism legal theory and inherited from French civil law system. The National Assembly is the highest office responsible for the law making activities. Legal Committee and various subordinate offices play roles of assisting the National Assembly with making law. Meanwhile, competent agencies (i.e. ministries or ministerial agencies) in the relevant fields take in charge of drafting law. Depending on the level of legalization of drafted documents (as stipulated by constitution), they will be submitted to the appropriate levels for consideration, revision, and approval.

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