Law No.19/VBHN-VPQH on Intellctual Property 2013

LAW

ON INTELLECTUAL PROPERTY

Pursuant to the Intellectual Property Law No.50/2005/QH11 dated November 29, 2005 of the National Assembly, coming into force from July 1, 2006 and being amended by

The Law No.36/2009/QH12 dated June 19, 2009 of the National Assembly on amending a number of articles of the Law on Intellectual Property taking into effect from January 1, 2010.

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51/2001/QH10 passed by Legislature X of the National Assembly at its 10th Session on 25 December 2001;

This Law regulates the intellectual property [1].

Part I

GENERAL PROVISIONS

Article 1. Governing scope

This Law regulates copyrights, copyright-related rights, industrial property rights and plant variety rights; and the protection of such rights.

Article 2. Applicable entities

This Law shall apply to Vietnamese organizations and individuals and to foreign organizations and individuals who satisfy the terms and conditions stipulated in this Law and in any international treaty of which the Socialist Republic of Vietnam is a member.

Article 3. Object matter of intellectual property rights [2]

1. Objects of copyright including literary, artistic and scientific works; objects of copyright-related rights including performances, audio and video recordings, broadcasts and encrypted program-carrying satellite signals.

2. Objects of industrial property rights comprising inventions, discoveries, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.

3. Objects of plant variety rights consisting of propagating materials and harvested materials.

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Part VI

EXECUTION PROVISIONS [37]

Article 220. Transitional provisions [38]

1. Copyright and related rights protected under legal documents which took effect before the effective date of this Law continue to be protected under this Law if they remain in the term of protection by that date.

2. Applications for registration of copyright, related rights, inventions, utility solutions, industrial designs, trademarks, appellations of origin of goods, layout-designs or plant varieties, which have been filed with competent agencies before the effective date of this Law, continue to be processed under legal documents effective at the filing time.

3. All rights and obligations specified in protection certificates under the provisions of law which comes into force before the effective date of this Law and procedures for maintenance, renewal, modification, invalidation, licensing, ownership assignment, settlement of disputes relating to these protection certificates are governed by this Law, except grounds for invalidation of protection certificates which are subject to the provisions of law which are effective at the time of grant of these protection certificates. This provision also applies to decisions on registration of appellations of origin of goods issued under the provisions of law which come into force before the effective date of this Law. State management agencies in charge of industrial property rights shall carry out procedures for the grant of geographical indication registration certificates in respect of appellations of origin of goods.

4. Trade secrets and trade names which have been existing and protected under the Government's Decree No. 54/2000/ND-CP of October 3, 2000, on the protection of industrial property rights to trade secrets, geographical indications, trade names and the protection of the right to repression of industrial property-related unfair competition, continue to be protected under this Law.

5. From the effective date of this Law, geographical indications, including those protected under the Decree mentioned in Clause 4 of this Article, may only be protected after they are registered under this Law.

Article 221. Entry into force

This Circular has come into force as from July 01, 2006.

Article 222. Implementation guidelines

The Government and the Supreme People’s Court shall providing instructions on the implementation of this Law./.