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The major legal instruments for protection
and enforcement of intellectual property rights in Vietnam are listed
hereunder:
The Civil Code passed on 28 October 1995
and effective from 1 July 1996 (Part 6 "Intellectual Property and
Technology Transfer", particularly Chapter I "Copyrights", Chapter II
"Industrial Property" and Chapter III "Technology Transfer");
Government Decree No. 63/CP dated 24
October 1996 guiding the implementation of the provisions of the Civil
Code on industrial property rights;
Government Decree No. 06/2001/ND-CP dated
1 February 2001 amending and supplementing some provision of Decree
63/CP;
Government Decree No.
54/2000/ND-CP dated October 3, 2000 on Protection of IP rights
for Property of Trade Secrets, Geographical Indications, Trade Name
and Rights against Unfair Competition in the field of Industrial
Property
Circular No.
3055/TT-SHCN dated 31 December 1996 of the Ministry of
Science Technology and Environment (MOSTE) providing the procedures
for establishment of industrial property rights;
Circular No.
29/2003
/TT-BKHCN
dated 5 November 2003 providing Guidelines for implementation
of Procedures for Establishment of Industrial Property Rights with
Respect to Industrial Designs;
Circular No.
30/2003/TT-BKHCN
dated 5 November 2003 providing Guidelines for
implementation of Procedures for Establishment of Industrial Property
Rights with Respect to Inventions and Utility Solutions;
Circular No.
132/2004/TT-BTC
dated 30 December 2004 guiding the regulations on
collection, payment, management and use of the official fees and
charges in industrial property field
Government
Decree No. 12/1999/ND-CP
dated 6 March 1999 on Administrative Penalties on
Infringements in the Field of Industrial Property, which provides for
administrative procedures and remedies for industrial property
infringements;
Circular No.
825/2000/TT-BKHCNMT
dated May 3, 2000 of the Ministry of Science
Technology and Environment (MOSTE) guiding the implementation of the
provisions of Decree 12/1999/ND-CP;
Circular No.
49/2001/TT-BKHCNMT
dated September 14, 2001 of the Ministry of
Science Technology and Environment (MOSTE) amending and supplementing
some provision of Circular 825/2000/TT-BKHCNMT;
Government
Decree 76/CP
dated 29 November 1996 guiding the implementation of
the provisions on copyrights under the Civil Code;
Government
Decree No. 60/CP
dated 6 June 1997 guiding the provisions of the Civil
Code on civil relations with foreign elements, which also touch upon
copyright protection of foreign works;
Government
Decree No. 31/2001/ND-CP
dated June 26, 2001 on Administrative Penalties on
Infringements in the Field of Culture and Information
Circular No.
27/2001/TT-BVHTT
of the Ministry of Culture and Information
guiding the provisions of Government Decree 76/CP;
Intercircular No.
01/2001/TANDTC-VKSNDTC-BVHTT guiding the
implementation of the provisions on copyrights under the Civil Code
regarding settlement of copyright disputes in Civil Court;
Circular No
.
166/1998/TT-BTC
of the Ministry of Finance dated 19 December 1998
guiding the regulations on collection of official charges for
copyright registration;
Customs Law No. 29/2001/QH10
passed by the National Assembly of SRV on 29 June 2001
Government
Decree No. 101/2001/ND-CP
dated December 31, 2001 guiding the implementation of
the provisions of the Custom Law regarding Custom procedures and
regime for Custom's supervision;
Intercircular No.
58/2003/TTLT/BVHTT- BTC
dated 17 October 2003 guiding the implementation
of protection of copyright at the Custom Offices with respect to
import-export goods
Intercircular No.
129/2004/TTLT/BTC-BKHCN
dated 29 December 2004 guiding the implementation
of border measures on industrial property with respect to
import-export goods. |
