Recent Developments In Vietnam Intellectual Property Laws

By Pham Vu Khanh Toan

Socialist Republic of Vietnam began to protect intellectual property in 1981, nearly six years after reunification, when it promulgated the Regulations on Innovations Inventions by Decree No. 31-CP. Subsequently, the Regulations on Trademark dealing with the registration and protection of trademarks were issued on December 21, 1982.

The promulgation of the Ordinance on Protection of Industrial Property Rights by Order No. 13-LCT/HDNN of February 11, 1989 of the President of the State Council opened a new era in the field of intellectual property law in Vietnam. The ordinance established both substantive intellectual property rights and a system for their administration and protection. Under the ordinance, the author's certificate as a form of protection of inventions no longer exists and the first--to-file rule is strictly applied to trademark applications.