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

Area: 329,707 sq. km.
Population: 83,000,000 inhabitants (estimated 2004).
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.

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Patents of Invention

LEGAL BASIS

• Decree No. 63/CP of October 24, 1996, regulating Industrial Property, as mandated by the Civil Code which came into force on July 1, 1996; amended by Decree N° 06/2002, in force since February 15, 2001.
• Circular No. 30/2003/TT-BKHCN of November 5, 2003 on Implementing Procedures of Establishment of Industrial Property Rights for Patent of Invention and Utility Solution (Petty Patent).

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention for the Protection of Industrial Property (Stockholm Act), since March 8, 1949.
• Patent Cooperation Treaty (PCT), since March 10, 1993.

FILING REQUIREMENTS

• Power of Attorney, notarized;
• Assignment of inventor's right, notarized;
• Specification in Russian, English or French for translation into Vietnamese: 1 copy; Vietnamese text: 3 copies;
• Formal drawings, 3 copies;
• Assignment of priority right, if any, notarized;
• Certified priority document.

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.

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Trade and Service Marks

LEGAL BASIS

• Decree No. 63/CP of October 24, 1996, as mandated by the Civil Code which came into force on July 1, 1996, as amended by Decree No. 06/2001/ND-GP, in force since February 15, 2001.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

• Paris Convention for the Protection of Industrial Property (Stockholm Act), since March 8, 1949.
• Madrid Agreement for the International Registration of Marks, Stockholm Act.

FILING REQUIREMENTS

• Power of Attorney, notarized;
• 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.

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Industrial Designs

LEGAL BASIS

• Decree No. 63/CP of October 24, 1996, as mandated by the Civil Code which came into force on July 1, 1996, as amended by Decree No. 06/2001/ND-GP, in force since February 15, 2001.
• Circular No. 30/2003/TT-BKHCN of November 5, 2003 on Implementing Procedures of Establishment of Industrial Property Rights for Patent of Invention and Utility Solution (Petty Patent).

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

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

FILING REQUIREMENTS

• Power of Attorney, notarized (no legalization);
• 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);
• 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: not provided for.

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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: n.a.
Uniform dispute resolution procedure: none.

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

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