|
Statistics:
Number
of applications filed to the Vietnam National Office of
Industrial Property (NOIP)
in the 6 months of 2003
up to 18/09/2003:
| Applications
for invention: |
668 |
| Applications
for utility solution: |
75 |
| Applications
for trademark through national route: |
7425 |
| Applications
for trademark by Madrid Agreement: |
2241 |
| Applications
for industrial design: |
430 |
| Applications
for assignment and license: |
222 |
| Petitions: |
334 |
| Applications
for renewal of certificate: |
1996 |
| Applications
for amendment of certificate: |
1264 | |
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Industrial Property
Legislation
In
the year 2001-2003, the development of Viet Nam IP law system
is as follows:
-
On
December 28, 2001, the National Assembly ratifies the
Vietnam-US Bilateral Trade Agreement (BTA) in which IP issue
occupies a large portion: some 40% of the Agreement;
-
On
February 1, 2001 the Government issued Decree No.
06/2001/ND-CP amending and supplementing a number of articles
of Decree No. 63/CP;
-
On
April 20, 2001 the Government issued Decree No. 13/2001/ND-CP
on Protection of New Plant Variety;
-
On
September 14, 2001 the Ministry of Science, Technology and
Environment issued a Circular amending and supplementing a
number of articles of Circular No. 49/2001/TT-BKHCNMT;
-
On
September 29, 2001 the National Assembly passed the Customs
Law in which the Custom Agency is assigned by the Government
to deal with violations in the fields of Industrial property
at National entries.
-
On
May 2, 2003 the Government issued Decree No. 42/2003/ND-CP on
the protection of industrial property rights over
semiconductor integrated circuit layout
designs.
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Industrial Property issues in the
Bilateral Trade Agreement between the Socialist Republic of
Vietnam and the United States of America on trade
relations.
The Agreement between the Socialist Republic of Vietnam
and the United States of America on Trade relations was signed
on July 13, 2000 in Washington.
The Agreement between the Socialist Republic of Vietnam
and the United States of America on trade relations is a
rather perfect international treaty, including trade in goods,
trade in services, Intellectual Property (IP), and Investment
Relations of which the IPR is a center of importance as
stipulated in Chapter II of the Agreement which includes 18
Articles providing various issues under IP protection on the
basis of economic-commercial relations between the 2
nations.
The Agreement also includes provisions on
implementation of Intellectual Property right in general and
Industrial Property right, in particular, the concrete
regulations on procedures and penalties in civil and
administrative procedures, interim measures and criminal
penalties, protection of IPR at national border, existing
subjects, technical cooperation.
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Protection of industrial property rights to new
objects
On 3/10/2000 the
Government approved the Decree No. 54/2000/ND-CP on the
protection of industrial property rights to some new
objects:
The Decree
54/2000/ND-CP prescribes in detail the protection of
industrial property rights to some new objects, including
business secrets, geographical indications and commercial
names and the protection of the right against industrial
property-related unfair competitions.
The term business secrets are
investment yields in form of information that satisfy 3
conditions: being those other than general knowledge, being
applicable to business activities and when being used, such
information may render advantages, being kept secret by their
owners with necessary measures. The specific term was not
prescribed in the Decree, but it is provided that rights of
owners of industrial property rights to business secrets shall
be protected as long as such business secrets satisfy all
three aforesaid conditions. Industrial property rights to
business secrets may be transferred or inherited.
Geographical
indications are information on geographical origins of
goods being expressed in a word, _expression_, sign, symbol or
image used to indicate a nation or a territory or a locality
belonging to a nation in order to indicate that such goods
have the origin from a nation, territory or locality, whereas
the quality, prestige and reputation or other properties of
such goods are principally attributed to their geographical
origin. The right to use geographical indications shall not be
transferable. The right to use the geographical indications
shall be protected as long as all the specific conditions
regarding geographical indications and the conditions
regarding manufacturing activities of those entitled to use
geographical indications.
Commercial
names are the proper name of an organization or individual
used in the business activities. Commercial names are a
combination of alphabetical letters, which can be accompanied
with numerals and pronounceable. Commercial names are capable
of distinguishing the business subject bearing such name from
other business subjects in the same business field. Commercial
names, which cause confusion with others commercial names,
which have previously been used in the same locality and in
the same business field, or cause confusion with others
trademarks, which have already been protected, shall not be
protected as commercial names. Commercial names are
transferable or inheritable provided that the transfer must be
effected together with the entire business establishments and
business activities under such commercial names.
The industrial property rights to business secrets,
geographical indications and commercial names shall be
automatically established when there exist all the conditions
prescribed without having to make registration.
When exercising the right to request the handling of
infringing acts, the owners of above three industrial property
objects, shall be obliged to prove the conditions for
establishing their right and the scope thereof; clearly state
the names and addresses of persons who have committed
infringing acts; and supply evidences of scope and seriousness
of such infringements. The competent authorities will handle
the acts of infringing upon industrial property rights to
these objects according to the order and procedures for
handling acts of infringing upon other industrial property
rights.
One other right protected under the Decree 54 is protection of the right
against industrial property-related unfair competitions.
Acts of industrial property-related unfair competition include
using commercial instructions to mislead the perception and
information about business subjects, business, establishments,
business activities, goods and/or services for the purpose of
damaging other people, appropriating and using investment
yields of others without their permission. Organizations and
individuals that suffer from damage or are in danger of
suffering from damage shall be entitled to request the
competent State bodies to force to stop acts of industrial
property-related unfair competition, claim damages;
administratively handle or examine for penal liability. When
exercising such a right, organizations and individuals shall
be obliged to prove the fact that their legitimate rights and
interests of those organizations and individuals they are
representing are infringed upon or in danger of being
damaged.
This Decree shall apply to domestic and foreign
organizations and individuals conducting business activities
on the Vietnamese territory. This Decree shall also apply to
organizations, individuals that have their industrial property
rights protected under provisions of international
multilateral, bilateral agreements which Vietnam has signed or
acceded to. In cases where an international agreement which
Vietnam has signed or acceded to, contains provisions
different from those of this Decree, the provisions of such
international agreement shall apply.
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Provisions on Intellectual Property rights
in the Customs law
On September 29, 2001, at the 9th session of
10th National Assembly legislature, the Customs Law
has been approved by the National Assembly. The Customs Law
consists of 8 chapters, 82 articles, and taking effect as from
January 1, 2002. The Customs Law prescribes relations in the
operation of the Customs service including the matters of
intellectual property. On this part, we would like to
introduce articles 57, 58, 59 of Chapter III, Section 5 of the
Customs Law: Temporary postponement of customs procedures
completion for export and import goods upon requests for
protection of intellectual property rights.
Article
57: Principles for Temporary Postponement of Customs
procedure completion.
Article
58: Conditions for requesting the Temporary Postponement of
Customs procedure completion.
Article
59: Specific provisions on the Temporary Postponement of
Customs procedure completion.
Pursuant to this Law and other provisions of law, the
Government shall prescribe in detail the temporary
postponement of Customs procedures completion for export and
import goods upon requests for protection of Intellectual
Property Rights.
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Protection of New Plant Variety and
Semiconductor integrated circuit layout
designs
According to Decree No. 13/CP-2001/ND dated April 20,
2001 of the Government on protection of new plant variety, a
new plant variety will be protected if it meets the following
criteria.
·
It
belongs to the species of plant protected by the State.
·
It
possesses commercial novelty, i.e. it has never been used for
sale.
·
Its
name is in compliance with the regulation of variety
name.
· It
is distinctive with the different varieties of the same
species (Distinctness)
·
Plants
of the population of new variety must be uniform
(Uniformity).
·
Stability
must be maintained in continuous generations of new variety
(Stability).
·
The
technique criteria are defined based on the result of the test
on Distinctness, Uniformity, Stability of which the
abbreviation is DUS test.
Decree
No. 42/2003/ND-CP was issued by the Government on May 2, 2003
on the protection of industrial property rights over
semiconductor integrated circuit layout designs.
Semiconductor integrated circuit layout designs is a
three-dimensional disposition of circuit elements and their
interconnections in semiconductor integrated circuits.
The
certificate of registration of semiconductor integrated
circuit layout designs was issued by the National Office of
Industrial Property and the valid duration is 10 years, as
from the date of issuance of the title, and 15 years, as from
the date of layout design creation. All organizations and
individuals, both Vietnamese and foreigners have the right to
submit an application (according to international regulations
Vietnam has signed or been part of). Every foreign individual,
legal entity, that doesnt have business or manufacturing
foundation in Vietnam has to submit an application via
Representative Industrial Property organizations such as
WINCO.
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