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

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.

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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.