
| Vietnam National Assembly adopted new Intellectual Property Law |
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The Law on Intellectual Property was adopted on 19 November 2005 by the National Assembly and came into force on 1 July 2006. The Intellectual Property Law, including 6 Parts, 18 Chapters and 222 Articles, regulates on copyright and related rights, inventions, industrial designs, trademarks, trade names, georaphical indications, layout-designs of integrated circuits, trade secrets, rights against unfair competition, and rights to new plant varieties. The Intellectual Property Law comprises many new progressive regulations which are more suitable to the Vietnam practice and international legal system as well as satisfy the standards of international treaties, especially the TRIPS Agreements. Generally, the Intellectual Property Law comprises essential legal procedures and has clear and flexible structure, takes full legal effect and is comformable to the current situtation of Vietnam in order to archieve the goal of initiative encouragement, investment lure and development promotion. In respect of the implementation of law to intellectual property subjects protected before the effective date of the Intellectual Property Law, Article 220 regulates as follows: (i) copyright and related rights that have been protected under the law regulations prior to the effective date of the IP Law and have the valid term of protection on the effective date of this Law will be continuously protected in conformity with the regulations of this Law; (ii) All rights and obligations related to the protection certificate that is issued in accordance with the law regulations and has the effective date prior to that of the IP Law, and the procedures of renewing, extending, amending, licensing right to use, asigning owner right, solving disputes related to that certificate shall be implemented according to this law regulations. Particularly, the provision on basis to cancel the validation of a certificate shall be implemented according to the law regulations taken effect on the issuing date of such certificate. |