Intellectual Property
Decree No.105/2006/ND-CP on Protection of IP Rights and State Management on IP

Decree No.105/2006/ND-CP on Protection of IP Rights and State Management on IP

Update: 11/3/2017 | 2:01:48 PM - Dragon Law Firm

This Decree details and guides a number of articles of the Law on Intellectual Property on protection of intellectual property rights, including identification of acts, nature and extent of infringement of intellectual property rights ...

THE GOVERNMENT
 -------

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness
----------

No. 105/2006/ND-CP

Hanoi, September 22, 2006

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY ON PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND ON STATE MANAGEMENT OF INTELLECTUAL PROPERTY

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 11, 2005 Law on Intellectual Property;
At the proposal of the Minister of Science and Technology,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree details and guides a number of articles of the Law on Intellectual Property on protection of intellectual property rights, including identification of acts, nature and extent of infringement of intellectual property rights, identification of damage, requests for handling of infringements and settlement of those requests, handling of infringements by administrative measures, control of exports and imports related to intellectual property, assessment of intellectual property, and state management of intellectual property.

Article 2.- Subjects of application

This Decree applies to Vietnamese organizations and individuals and foreign organizations and individuals that have their intellectual property rights protected or commit acts of infringement of intellectual property rights under the Law on Intellectual Property.

Article 3.- Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Act of infringement means an act of infringement of intellectual property rights.

2. Handling of an act of infringement means handling of an act of infringement of intellectual property rights.

3. Infringer means an organization or individual that commits an act of infringement of intellectual property rights.

4. Element means a product, a process or a part or a component of a product or a process.

5. Infringing element means an element created from an act of infringement.

6. Examined act means an act that is suspected to be an act of infringement and is examined to conclude whether it is an act of infringement or not.

7. Examined subject matter means a subject matter that is suspected and examined to conclude whether it is an infringing object or not.

8. Petition for handling of infringement means a written request for application of measures to handle an act of infringement.

...

Download here

 

Article 62.- Effect of the Decree

This Decree takes effect 15 days after its publication in “CONG BAO.”

Other provisions in documents promulgated before the effective date of this Decree that are contrary to this Decree are all annulled.

Article 63.- Responsibilities for implementation guidance

1. The Minister of Science and Technology, the Minister of Culture and Information and the Minister of Agriculture and Rural Development shall provide guidance on the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of People’s Committees of provinces and centrally run cities shall implement this Decree.

 

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

Download
Other News

Circular No.111/2013/TT-BTC on PIT

Circular No.111/2013/TT-BTC on PIT

Dragon Law Firm provides this Circular to support in Personal Income Tax.

Law on Vietnamese Nationality 2008

Law on Vietnamese Nationality 2008

Vietnamese nationality reflects the cohesive relationship between individuals and the State of Vietnam, giving rise to rights and obligations of Vietnamese citizens toward the State and rights and responsibilities of the State of the Socialist Republic of Vietnam toward Vietnamese citizens.

Decree No.69/2016/ND-CP Requirements for Running Debt Trading Service

Decree No.69/2016/ND-CP Requirements for Running Debt Trading Service

This Decree provides for requirements for running debt trading service in the territory of the Socialist Republic of Vietnam ...

Commercial Law 2005

Commercial Law 2005

This Law governs the commercial activities conducted in the territory of the Socialist Republic of Vietnam.

Treaty between Vietnam and UK on Mutual Legal Assistance in Criminal Matters 2009

Treaty between Vietnam and UK on Mutual Legal Assistance in Criminal Matters 2009

Treaty between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland on Mutual Legal Assistance in Criminal Matters in force from September 30, 2009.

Decree 88/2010/ND-CP

Decree 88/2010/ND-CP

This Decree details and guides a number of articles of the Law on Intellectual Property and the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property regarding rights to plant varieties...

Law on Treaties 2016

Law on Treaties 2016

This Law provides for conclusion, reservation, amendment, supplementation, extension, termination, denunciation, withdrawal from, suspension of application, deposit, keeping custody, making of certified copies of, publication, registration and conduct of implementation of a treaty.

Decree No.10/2015/ND-CP on Giving Birth in Vitro Fertilization and Conditions for Altruistic Gestational Surrogacy

Decree No.10/2015/ND-CP on Giving Birth in Vitro Fertilization and Conditions for Altruistic Gestational Surrogacy

This Decree prescribes the donation and receipt of sperm, eggs and embryos; competence and procedures for licensing medical examination to perform in vitro fertilization ...

Resolution No.01/2014/NQ-HDTP Guidelines for Law on Commercial Arbitration

Resolution No.01/2014/NQ-HDTP Guidelines for Law on Commercial Arbitration

This Resolution provides guidelines for some regulations of LCA on the entitlements and proceedings of Courts applied to arbitration; registration of arbitral awards...

Decree No.07/2016 on Representative Office of Foreign Trade

Decree No.07/2016 on Representative Office of Foreign Trade

This Decree provides detailed regulations on the establishment, operation, rights and obligations of representative offices and branches of foreign traders in Vietnam under the law on Commerce.

Back To Top