Vietnam’s Decree No. 119/2010/NĐ-CP: Contents of of intellectual property assessment

14:10, 08/01/2011

This is one of the contents amended and supplemented by Decree No. 119/2010/NĐ-CP of Vietnam’s Government amending and supplementing a number of articles of Decree No. 105/2006/NĐ-CP detailing and guiding a number of articles of the Law on Intellectual Property regarding protection of intellectual property rights and state management of intellectual property.

Nghị định 119/2010/NĐ-CP, Nội dung giám định sở hữu trí tuệ

According to Clause 9 Article 1 of Decree No. 119/2010/NĐ-CP of Vietnam’s Government, contents of of intellectual property assessment are determined as follows:

Intellectual property assessment covers the following contents:

- Determining the scope of protection of the intellectual property right subject matter under Article 6 of this Decree;

- Determining whether or not an object in question fully meets the conditions for being treated as an intellectual property right infringing clement under Clause 2, Article 5, and Articles 7 thru 14 of this Decree;

- Determining whether or not there exists an identicalness, equivalence, similarity, confusability, indistinctness or duplicability between an object in question and a protected object;

- Determining the value of intellectual property rights and the value of damage.

Besides, Decree No. 119/2010/NĐ-CP also supplements that the Ministry of Culture, Sports and Tourism, the Ministry of Science and Technology and the Ministry of Agriculture and Rural Development shall specifically guide the intellectual property assessment in the areas, including assessment of copyright and related rights, assessment of industrial property rights, assessment of the rights to plant varieties, which fall under their respective management.

View more details at: Decree No. 119/2010/NĐ-CP of Vietnam’s Government takes effect from February 20, 2011.

Nguyen Phu

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