Region: Vietnam

New law on IP rights enforcement implemented

Legislation implementing Decree 105/2006/ND-CP on the enforcement of IP rights came into force on October 21 2006. The new law provides welcome guidelines on, among other things, what constitutes an IP right infringement; how to determine the nature and seriousness of such an act; and how levels of damages will be assessed.

27 October 2006

Madrid Protocol to come into force in Vietnam

The Vietnamese government deposited the instrument of accession to the Madrid Protocol on April 11 2006 with the director general of the World Intellectual Property Organization. The protocol will come into force in Vietnam on July 11 2006, bringing the total number of contracting parties to 68.

26 May 2006

New law provides administrative enforcement remedies

The Intellectual Property Law, which will take effect from July 1 2006, was promulgated on December 12 2005. The new law addresses, among other things, issues of enforcement of IP rights through administrative remedies. The main remedies for rights holders that can be applied against infringers are warnings and monetary fines.

27 February 2006

Vietnam adopts new Intellectual Property Law

On November 19 2005 the National Assembly of Vietnam adopted the Intellectual Property Law, which will take effect from July 1 2006. The new law consists of 222 articles covering copyright and related rights, industrial property rights, rights in plant varieties and the protection of these rights.

05 December 2005

New Commercial Law will regulate franchising for first time

The Vietnamese National Assembly adopted on June 14 a new Commercial Law that will regulate franchising activities for the first time. The new statute will replace the 1997 Commercial Law when it comes into force on January 1 2006.

23 September 2005

Vietnam drafts IP Law

The Vietnamese government has drafted a new Intellectual Property Law that will cover all aspects of IP rights, including industrial property rights, copyright and related rights, rights in new plant varieties and enforcement of IP rights. The bill will be submitted to the National Assembly for approval in December. It will replace the provisions on intellectual property in Part VI of the Civil Code and various regulations relating to intellectual property.

14 June 2005

Vietnam introduces new official fees for trademark protection

New fees for trademark protection have taken effect in Vietnam under rules set out in Ministry of Finance Circular 132/2004/TT-BTC of December 30 2004. There are changes to both the amounts for official fees and the fee structure. Among other things, the new rules put an end to the difference in the level of fees applicable to registrations filed by Vietnamese and foreign entities. All applicants will now pay the same amount.

16 March 2005

Registrations under '.vn' ccTLD now available

VINIC, the Vietnamese domain name registry, has announced that it will be accepting domain name registrations under the '.vn' ccTLD later this quarter. Mark owners have until January 31 to pre-register their marks as '.vn' ccTLDs. Until now, domain names could only be registered under a variety of second-level extensions, such as '.com.vn', '.net.vn' or '.org.vn'.

27 January 2005

Harsher punishments planned for industrial property violations

As part of the Vietnamese government's campaign against industrial property violations, the Ministry of Science and Technology has drafted a decree that will (i) extend the list of acts liable for administrative penalties, and (ii) enable administrative bodies to impose harsher punishments on violators. Penalties include a warning, monetary fines and destruction of infringing goods.

21 January 2005

SUPERMAN rescued from the clutches of construction firm

In <i>DC Comics v Viet Dia Construction Co Ltd</i>, the National Office of Intellectual Property has ordered the cancellation of the defendant's SUPERMAN mark. It upheld the plaintiff's arguments that its SUPERMAN marks should be considered well known in Vietnam and that the defendant's mark was likely to cause confusion.

02 November 2004

Unlock unlimited access to all WTR content