What are regulations on intellectual property assessment in Vietnam? What are State policies on intellectual property in Vietnam?
What are regulations on intellectual property assessment in Vietnam? What are State policies on intellectual property in Vietnam? What are cases of intellectual property right infringements subject to administrative sanction in Vietnam?
What are regulations on intellectual property assessment in Vietnam?
Hello Lawnet. My name is Khiem Dang. I am studying in Lawyer in Ho Chi Minh City. Through research, I know a little bit about an assessor, who uses his/her professional knowledge and expertise to evaluate and conclude on issues related to intellectual property rights. What are regulations on intellectual property assessment in Vietnam? What are the conditions for an individual to be granted an Intellectual Property Assessor Card? Which document regulates this issue? Thank you!
Answer:
Pursuant to Clause 26 Article 1 of the Law Amending and Supplementing the Law on Intellectual Property in 2009 stipulating as follows:
1. Intellectual properly assessment means the use by organizations or individuals defined in Clauses 2 and 3 of this Article of their professional knowledge and expertise to assess and make conclusion on matters related to intellectual property rights.
2. Businesses, cooperatives, non-business units or law-practicing organizations, except foreign law-practicing organizations practicing in Vietnam which satisfy the following conditions may conduct intellectual property assessment:
a/ Having personnel and physical-technical foundations meeting law-prescribed requirements on assessment operations:
b/ Having the function of conducting intellectual property assessment as stated in their business registration certificates or operation registration certificates:
c/ Their heads or persons authorized by their heads possess intellectual property assessor cards.
3. Individuals who fully satisfy the following conditions may be granted intellectual property assessor cards by competent state agencies:
a/ Being a Vietnamese citizen and having full civil act capacity:
b/ Permanently residing in Vietnam:
c/ Possessing good ethical qualities:
d/ Possessing a university or higher degree in a profession relevant to domains in which an assessor card is applied for having conducted professional activities in these domains for five or more years and passed a professional assessment examination.
4. State agencies competent to handle acts of infringing upon intellectual property rights may request intellectual property assessment when handling cases or matters they have accepted.
5. Intellectual property right holders and other related organizations and individuals may request intellectual property assessment to protect their legitimate rights and interests.
6. The Government shall specify intellectual property assessment organization and activities.
Above is the content on intellectual property assessment. For more detailed information, please refer to the Law Amending and Supplementing the Law on Intellectual Property in 2009.
What are State policies on intellectual property in Vietnam?
Hello Lawnet. My name is Phong Dang. I live and work in Ho Chi Minh City. I have researched some intellectual property issues for the need of my work. I want to know about State policies on intellectual property in Vietnam. Thank you!
Answer:
Pursuant to Clause 4 Article 1 of the Law Amending and Supplementing the Law on Intellectual Property in 2009 stipulating as follows:
1. To recognize and protect intellectual property rights of organizations and individuals on the basis of harmonizing benefits of intellectual property rights holders and public interests; not to protect intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.
2. To encourage and promote the creation and utilization of intellectual assets in order to contribute to socio-economic development and improvement of the people's material and spiritual life.
3. To provide financial supports for the receipt and exploitation of assigned intellectual property rights in public interests; to encourage organizations and individuals at home or abroad to provide financial aid for creative activities and the protection of intellectual property rights.
4. To prioritize investment in training and retraining the contingent of cadres, civil servants, public employees and other relevant subjects engaged in the protection of intellectual property rights and the research into and application of sciences and technologies to the protection of intellectual property rights.
5. To mobilize social resources for investment in raising the capacity of the system to protect intellectual property rights, thereby meeting requirements of socio-economic development and international economic integration.
Above is the content on State policies on intellectual property in Vietnam. For more detailed information, please refer to the Law Amending and Supplementing the Law on Intellectual Property in 2009.
What are cases of intellectual property right infringements subject to administrative sanction in Vietnam?
I'm Hoang Mai. I want to ask about cases of intellectual property right infringements subject to administrative sanction in Vietnam. Thank you!
Answer:
Pursuant to Clause 27 Article 1 of the Law Amending and Supplementing the Law on Intellectual Property in 2009 stipulating cases of intellectual property right infringements subject to administrative sanction in Vietnam as follows:
1. Organizations and individuals that commit any of the following acts of infringing upon intellectual property rights shall be administratively sanctioned:
a/ Infringing upon intellectual property rights which causes damage to authors, owners, consumers or society;
b/ Producing, importing, transporting or trading in intellectual property counterfeit goods defined in Article 213 of this Law or assigning others to do so;
c/ Producing, importing, transporting, trading in or storing stamps, labels or other articles bearing a counterfeit mark or geographical indication or assigning others to do so.
2. The Government shall specify acts of infringing upon intellectual property rights which shall be administratively sanctioned, sanctioning forms and levels, and sanctioning procedures.
3. Organizations and individuals that commit acts of unfair competition in intellectual property shall be administratively sanctioned under the competition law.
Best regards!
