Enhancement of IP protection in Vietnam via new Penal code

July 1, 2016, was the day when the new Penal Code 2015 came into existence by replacing the then current Penal Code. The new Penal Code brought a number of transformations as far as trademarks and other IP‘s are concerned. The new Penal Code has enhanced the capability of brand holders in enforcing their trademark and Intellectual Property rights. The transformations introduced by the new Penal Code 2015, mainly includes: It is for the first time that criminal liabilities may be applied to legal entities (juridical persons, as opposed to individuals) for various crimes, which includes: the crime of manufacturing... Read More

Design Registration in Vietnam

TYPES OF DESIGNS: Industrial Design: An industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements. Layout-Design: A layout-design of semiconductor integrated circuit (hereinafter referred to as layout-design) means a three-dimensional disposition of circuit elements and their interconnections in a Semi-conductor integrated circuit. PROCEDURE FOR DESIGN REGISTRATION: Step 1: Filing: Who may apply: Article 86 and 89: Authors who have created inventions with their own efforts and expenses Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring unless... Read More

Patent Filing Procedure: Vietnam

Step 1: Filing: Who may apply: Article 86 and 89: Authors who have created inventions with their own efforts and expenses Organizations or individuals who have supplied funs and material facilities to authors in the form of job assignment or hiring unless otherwise agreed by the involved parties. Foreign nationals residing permanently Foreign organizations having a production or trading establishment Non-resident foreign nationals or organizations not having a production or trading establishment shall apply through a lawful representative. Documents required: Section 100 Declaration for registration in the prescribed form Documents, samples and information identifying the invention Power of attorney (if... Read More

Trade Mark Filing in Vietnam

Vietnam became a member of the TRIPS agreement on January 11th, 2007. Vietnam has a commendable intellectual property (IP) framework which includes several multilateral agreements and other relevant bilateral trade agreements. Having regard to the pace and growth of local and global economy, Vietnam enacted the Law on Intellectual Property Rights in 2005. The law provides protection to major IP rights in Vietnam: industrial property rights which include Patents, Design and Trade Marks; Copyright and rights in plant varieties. In addition to Intellectual Property Law of 2005, there exist other laws that govern other issues related to IPR, such as... Read More