GINTASSET Intellectual Property Law Firm - The new Law on Intellectual property: increasing enforceability GINTASSET

The new Law on Intellectual property: increasing enforceability

The Intellectual Property Law came into effect on July 1, 2006. According to the new Law, the number of agencies in charge of protecting intellectual property does not reduce. Before, regulations on intellectual property are cumbersome. Many agencies like market management force, economic police, science and technology inspectors, People’s Committee, court, etc dealt with one case of intellectual property violation. Sometimes, there is no agency to deal with a case because one thought the case must be solved by another.

Under the new Law, in-charge agencies remain the same but their responsibility clarify so that they can cooperate with each other better. More disputes will be solved by civil courts.

Complaints can be sent to science, technology and culture inspectors and market management force. However, a company of which intellectual property is violated should focus their complaint on one agency only.

Before, judgment in many cases of intellectual property violations was based on verification of intellectual property agencies and verifications of different agencies were sometimes not the same. Under the new law, the agency in charge of verification remains to be the National Office of Intellectual Property and provincial Departments of Science and Technology. If verification of one agency is not enough for judgment, verification of another will be required.

The concept of “similarity”, which is very sensitive and basis for identification of intellectual property violation has been defined more clearly under the new Law. In fact, it is still difficult to give an accurate definition of counterfeit goods.

(Source: Sai gon Times - 20/07/2006)

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