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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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