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Intellectual Property Rights
Vietnam recognizes the importance of protecting intellectual property
rights, which include patents, trademarks and service marks, copyright and
industrial designs. In recent years, the government has taken a number of
steps to ensure the proper legal guarantees for such rights. In 1988,
Vietnam passed legislation protecting trademarks and patents, and in
December of 1994, the country introduced a new copyright law.
Vietnam is a long-standing party to the Paris Convention for the
Protection of Intellectual Property Rights, the Stockholm Convention and
the Madrid Agreement for the International Registration of Marks. The
nation became a member of the Patent Cooperation Treaty in March
1993.
Patents and Industrial Designs
There are two basic kinds of patents in Vietnam, those for inventions and
those for innovations (including utility solutions). The term for an
invention or innovation patent is 15 years from the priority date, whereas
the term for utility solutions is six years. The validity of a certificate
of industrial design is for five years and can be renewed for successive
five-year terms up to a total of 15 years. Some items, such as those
relating to national defense and health, are entitled to certificates
rather than full patents.
Licensing contracts must be approved by the Ministry of Science,
Technology and Environment (MOSTE) and registered with the NOIP before
they are put into effect. The term of a license is limited to seven years
from its approval by the MOSTE.
Copyright
Vietnam's Civil Code passed in October 1995 extends copyright protection
to original works in the form of written works; works expressed orally;
stage performances; films, video recording, television and sound
broadcast; photographic works; musical works; sculptures and works of fine
arts; architectural works; computer software; scientific projects and
textbooks; geological maps; translations, adaptations or transformed
works; and anthologies.
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