Th 6, 20/11/2009 | 11:49 SA

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1996 - 2002

  The further development of industrial property activities towards regional and international integration

On 28 October 1995, the 9 th National Assembly approved the Civil Code that includes 26 Articles (the 2 nd Chapter, Part 6) on the industrial property rights, stipulating the basic principles for establishment and protection of industrial property rights in Vietnam. In general, most articles maintain the spirit of the Ordinance on the protection of industrial property and covers additional articles at the proposal of the National Office of Industrial Property. Although there was still a lack of separate laws for the protection of each industrial property subject matter was yet to put forth like other countries in the world, the Civil Code constituted the highest legal status to implement comprehensive industrial property activities and it marked an epoch-making turning point in the history of protection of industrial property in Vietnam.

Subsequent to the approval of the Civil Code, once again the National Office of Industrial Property stood the uphill task, namely to promptly draft the guidance documents for implementing the Chapter 2, Part 6 on Industrial Property of the Civil Code. At the proposal of the National Office of Industrial Property, the Ministry of Science, Technology and Environment submitted and the Government promulgated the Decree 63/CP dated 24 October 1996 on detailed provision concerning industrial property. The Decree contains almost all necessary contents for implementing the provisions in the Civil Code and more over added many other necessary provisions on the procedures for the establishment and protection of industrial property rights through administrative measures in order to set up a complete legal framework for the increasingly efficient implementation of industrial property activities. It goes beyond doubt that the whole contents of the 5 Decrees issued by the Government on industrial property were reviewed and adequately reflected in the Decree 63/CP.

THE FURTHER DEVELOPMENT OF INDUSTRIAL PROPERTY ACTIVITIES
TOWARDS REGIONAL AND INTERNATIONAL INTEGRATION

28 October 1995: the Civil Code approved by the National Assembly contains Chapter 2, Part 6 on the "protection of industrial property".

24 October 1996: Promulgation of Decree 63/CP on detailed regulations concerning industrial property.

31 December 1996: Promulgation of Circular 3055/TT-SHCN of the Ministry of Science, Technology and Environment, guiding the implementation of provisions in the Decree 63/CP.

9 May 1997: Promulgation of Circular 23-TT/TCT of the Ministry of Finance guiding the collection, payment and management of industrial property charges and fees.

6 March 1999: Decree 12/1999/ND-CP on the handling of violations of administrative regulations on industrial property.

3 October 2000: Decree 54/2000/ND-CP on the protection of industrial property rights to business secrets, geographical indications and trade names, and the protection against industrial property-related unfair competitions.

1 February 2001: Promulgation of Decree 06/2001/ND-CP pm amendment and supplement to the provisions in the Decree 63/CP on the detailed regulations concerning industrial property.

To guide the implementation of the Decree 63/CP, the National Office of Industrial Property submitted and the Ministry of Science, Technology and Environment issued Circular 3055/TT-SHCN dated 31 December 1996 and on 9 May 1997 the Ministry of Finance promulgated the Circular 23-TC/TCT guiding the collection, payment and management of industrial property charges and fees.

In early 1999, the National Office of Industrial Property prepared the IP part of the master strategy of international economic integration of Vietnam in years to come, which outlined the roadmaps for implementation of international commitments with WTO, ASEAN, and APEC as well as participated in the negotiations on the conclusion of Vietnam-US Bilateral Trade Agreement.

One of the most important contents of integration process in respect of IP proposed by the National Office of Industrial Property was to establish and complete the legal documents on ip, namely the amendment of and supplement to legal provisions with a view to meeting the standard under TRIPS Agreement (Agreement on Trade-Related aspects of Intellectual Property Rights) toward the accession into WTO; promulgation of legal documents on the protection of new industrial property subject matters; the issuance of legal documents on handling of violation



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