In general, administrative actions in Vietnam are initiated by filing a complaint with the Ministry of Science and Technology (MOST) Inspectorate, Market Control Office (MCO), Department of Customs (DC) or Economic Police (EP). The complaining party will submit the following: (i) documentary evidence of ownership of the infringed mark; and, (ii) proof of infringement, including […]
Publications
Vietnam Government Tightens Domain Name Protection
The Vietnamese Government, through the Ministry of Science and Technology (MOST) has issued a Circular (No: 37/2011/TT-BKHCN) which provides detailed guidance for the implementation of Decree No 97/2010/ND-CP on sanctions for administrative violations of industrial property rights. The Circular came in to effect on 11 February 2012. Among other significant changes, the Circular introduces a […]
Vietnam Government Tightens Enforcement through September 2010 Decree
In September 2010, the Vietnamese Government issued a Decree (No: 97/2010/ND-CP) to cut down on red tape and make it easier to initiate action against infringements. The Decree specifies acts of administrative violation, sanctioning forms and levels, remedies, complaint procedures, mechanism for handling complaints, competence of authorized personnel and guidelines for enforcement of procedures. The […]
Latest Developments in Vietnam IP Law
The Vietnamese government has actively taken measures to ensure that the country’s IP laws are effective. They have recognized the relationship between economic development and IP protection. In fact the economic development in Vietnam is one of the most progressive one in Southeast Asia in terms of percentage growth of the GDP. So these IP […]
Guide To Plant Varieties Protection In The Asean Region
Protection of Plant Varieties The International Convention for the Protection of New Varieties of Plants (UPOV Convention) was signed in Paris in 1961 and entered into force in 1968, seeks to acknowledge the achievements of breeders of new varieties of plants, by granting them an intellectual property right, on the basis of a set of […]
ASEAN Launches Patent Cooperation Programme
Countries from the Association of Southeast Asian Nations have embarked on their first regional cooperation in Intellectual property, specifically in patents, by introducing ASEAN Patent Examination Co-operation (ASPEC). There are eight participating IP offices from: Cambodia, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand and Vietnam. Once a search and examination report is issued by any […]
Appeal Procedures in Vietnam for Industrial Design Rights In Place
On 19-20 December 2007, the National Intellectual Property Office (NOIP) of Vietnam in co-operation with the EC-ASEAN Intellectual Property Rights Co-operation Programme, ECAP II organised a two-day seminar in Hanoi. This comprehensive training with highlights on Opposition and Appeal Procedures on Trade Marks and Industrial Designs managed to gather about 100 participants of the Inspectorate […]
The on going battle against counterfeit anti-malaria drugs in South East Asia
In February this year, it was revealed that the International Criminal Police Organisation (INTERPOL) with the help of scientists and health workers from the World Health Organization (WHO) and Wellcome-Trust University of Oxford Tropical Medicine Research Programme, and the co-operation of Chinese authorities have uncovered a massive counterfeit anti- malaria drug syndicate, based in southern […]
Vietnam: The benefits of three-dimensional Marks
November 2005 was a significant time in Vietnam as this marked the significant step towards bringing Vietnam’s IP system in line with the WTO regulations, since this was the issuance year of Vietnam’s IP Law. This also meant that for the first time, the protection of three-dimensional trademarks was officially stipulated. 3D marks are considered […]
Vietnamese government cracks down on software copyright
A French design, survey and construction consultancy is to be fined under the Vietnamese Law on Intellectual Property Ownership for copyright infringement. This is due to a recent discovery of illegal software programs worth about US$400, 000 by the Inspectors of the Ministry of Culture, Sports and Tourism and Hanoi police. Interestingly enough, this is […]