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

Decree No.44/2013/ND-CP Detailing Implementation of a Number of Articles of Labor Code Regarding Labor Contracts

Decree No.44/2013/ND-CP Detailing Implementation of a Number of Articles of Labor Code Regarding Labor Contracts

This Decree details the implementation of the Labor Code regarding participation in compulsory social insurance, unemployment insurance and medical insurance of employees when enter into labor contracts with many employers; content of labor contracts applied to employees who are hired to do as directors in enterprises with capital contributed by the State; the orders of and procedures for announcement of invalid labor contracts of labor inspectorate and handling of invalid labor contracts.

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.

Decision No.04/2014/QD-TTg on Int'l Investment Dispute Resolution

Decision No.04/2014/QD-TTg on Int'l Investment Dispute Resolution

This Regulation provides for tasks, powers and process of coordination among state agencies, relevant organizations and individuals in resolution of international investment disputes at international arbitration or competent foreign tribunals ...

Decree No.218/2013/ND-CP Detailing & Guiding Implementation of Law on Corporate Income Tax

Decree No.218/2013/ND-CP Detailing & Guiding Implementation of Law on Corporate Income Tax

This Decree regulates in detail and guides the implementation of a number of articles of the Law on corporate income tax and the Law on amending and supplementing a number of articles of the Law on corporate income tax ...

Decree No.82/2015/ND-CP on Visa Exemption for Foreigner Spouses with Vietnamese Citizens

Decree No.82/2015/ND-CP on Visa Exemption for Foreigner Spouses with Vietnamese Citizens

This Decree specifies conditions for visa exemption, procedures for issuance of certificates of visa exemption prescribed in Clause 5 Article 12 of the Law on Entry, Exit, Residence of Foreigners in Vietnam.

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 Tourism 2005

Law on Tourism 2005

This Law provides for tourism resources and activities; rights and obligations of tourists, organizations and individuals doing tourism business and other organizations and individuals engaged in tourism-related activities.

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

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 ...

Decree No.118/2015/ND-CP Guidelines for Some Articles of Law on Investment

Decree No.118/2015/ND-CP Guidelines for Some Articles of Law on Investment

This Decree elaborates and provides guidelines for some Articles of the Law on Investment on application, control, announcement of conditions for investment; measures for investment assurance, investment incentives; investment procedures, execution of investment projects, and management of investment by regulatory bodies ...

Decree No.99/2013/ND-CP on Sanction of Administrative Violation in Industrial Property

Decree No.99/2013/ND-CP on Sanction of Administrative Violation in Industrial Property

This Decree specifies acts of administrative violation, sanctioning forms and levels, remedies; procedures for filing written requests for handling of violations ... on sanctioning administrative violations in industrial property.

Back To Top