GINTASSET Intellectual Property Law Firm - Vietnamese Intellectual Property Law, effective as from july 1, 2006 GINTASSET

Vietnamese Intellectual Property Law, effective as from july 1, 2006

News on Patents
The Law on Intellectual Property consisting of 6 parts, 18 chapters, 222 articles was approved by Vietnamese National Assembly on November 19, 2005.


The Law on Intellectual Property regulates author rights and rights relating to author rights, industrial property rights, rights for seedlings and the protection of these rights. The Law is applied for Vietnamese organizations and individuals; foreign organizations and individuals if they can meet requirements stipulated in this Law and international conventions of which the Socialist Republic of Vietnam is a member.

The enactment of the Law on Intellectual Property has a very important meaning for improving the efficiency of intellectual property rights, contributing to the completion of Vietnamese legal system. This is a premise for Vietnam to become member of WTO. The Law on Intellectual Property is effective from July 01, 2006.

We would like to introduce below the new regulations on patents in the new Law on Intellectual Property of Vietnam:

F Objects: Utility solution is not considered as independent object: Inventions that would be granted Patent for Utility Solution if it is distinguished by being a novelty and industrial applicability, and by being obvious.

F Conditions: Condition for protection: “ To be applicable to various social and economic fields” is replaced by “To be susceptible for industrial application”.

F Novelty: The novelty of Invention: 2 extra cases added to the situaton that is not considered as lack of novelty:

  • It was published in the form of a scientific presentation by the person having the right to registration as provided for in Article 86 of this Law;
  • It was exhibited at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to registration as provided for in Article 86 of this Law
F The right to registration: The Government shall provide for the right to registration of inventions, industrial designs and layout-designs created by using funds and material and technical facilities from the State budget.

F Duration of examination:
  • The duration of examination is 12 months since the date of publication of application if the examination request is filed before the application publication or from the date of receiving request for substantive examination.
  • The duration for re-examination: By 2/3 of the first duration of examination extension is acceptable but not exceed the time of first duration.
F The prior right of use: previously: “ from the filing date”, now changed to “from the date of publication of application”.

For whole text of the Intellectual Property Law please visit http://www.gintasset.com.vn/intellectual.pdf

 

 

 
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