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)