General Information | Patents of Invention
Trade & Service Marks | Industrial Designs | Domain Names
More

General Information

Area: 329,707 sq. km.
Population: 87,000,000 inhabitants (estimated 2008).
Capital: Hanoi.
Language: Vietnamese.
Currency: VN dong.

GENERAL REMARKS

The Democratic Republic of Vietnam, established in the North, adopted a constitution on December 31, 1959, based on communist principles and called for reunification of all Vietnam. After several years of war, North and South Vietnam became a unified country in 1975. The most recent constitution was adopted in 1992. In 1987, Vietnam took significant steps away from a centrally planned economy towards a market-orientated economy.

TOP OF PAGE

Patents of Invention

LEGAL BASIS

• IP Law 50/2005, effective from July 1, 2006; last amendment effective from January 1, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention (Stockholm Act), since March 8, 1949.
• Patent Cooperation Treaty (PCT), since March 10, 1993.

FILING REQUIREMENTS

• Power of Attorney, only signature and seal, no notarization required (valid for several applications from the same applicant);
• Assignment of inventor's right, only signature, no notarization required (not required for PCT applications);
• Specification in Russian, English or French for translation into Vietnamese: 1 copy; Vietnamese text: 1 copy;
• Formal drawings, 1 copy;
• Assignment of priority right, if any, notarized (not required for PCT applications);
• Priority document, attested by the authority for the prior application (not required for PCT applications).

REMARKS

National Phase of PCT: under Chapter 1: 31 months; under Chapter II: 31 months.
Validity: issued after a formal and full examination - valid for 20 years.
Annuities: accumulated annuities (from the 3rd year) are to be paid upon the grant of the patent; subsequent annuities are due two months prior to the anniversary of the filing date.
Opposition: during the term of validity of a patent, anybody may file an opposition.

TOP OF PAGE

Trade and Service Marks

LEGAL BASIS

• IP Law 50/2005, effective from July 1, 2006; last amendment effective from January 1, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention, Stockholm Act.
• Madrid Agreement, Stockholm Act.
• Madrid Protocol, since July 11, 2006.

FILING REQUIREMENTS

• Power of Attorney, no notarization required;
• 1 specimen (black and white) or 20 (if colors are claimed), max. size 8 x 8 cm (even for word marks);
• Priority document, if any.

REMARKS

Kinds of protection: verbal, pictorial and other designations or their combination. Service marks are registrable.
Classification: International.
Obligation to use the registered mark: a mark is subject to cancellation if it is not used within five years preceding the cancellation action, beginning with the registration date.
Duration - renewals: 10-year period after the filing date or last renewal date.
Opposition: improper granted registration shall be cancelled on a third party's request filed within five years as of the granting date.

TOP OF PAGE

Industrial Designs

LEGAL BASIS

• IP Law 50/2005, effective from July 1, 2006; last amendment effective from January 1, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention for the Protection of Industrial Property (Stockholm Act), since March 8, 1949.

FILING REQUIREMENTS

• Power of Attorney, only signature and seal, no notarization required;
• A description of the industrial design;
• Drawings or Photographs (5 sets) (min. 30 x 30 mm), from all sides including perspective view;
• Authorization from the creator (if relevant), only signature, no notarization required ;
• Priority document (if relevant).

REMARKS

Duration - renewals: after formal and novelty examination: 5 years from the filing date - possible for two additional 5-year periods.
Opposition: possible.

TOP OF PAGE

Domain Names

LEGAL BASIS

• There is no specific legislation on country code top-level domain names.

FILING

• ccTLD: .vn
• Applicant: individuals and legal entities.
• Local Presence: not required.

REMARKS

Duration - renewals: one year.
Uniform dispute resolution procedure: a Dispute Resolution Policy is provided by the Vietnam Internet Network Information Center.

TOP OF PAGE

More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov’s Manual on Industrial Property®.

TOP OF PAGE