Chương 1 Nghị định 103/2006/NĐ-CP hướng dẫn luật sở hữu trí tuệ về sở hữu công nghiệp: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree details and guides the implementation of the provisions of the Law on Intellectual Property on the establishment, subject matters and contents of, and limitations on, industrial property rights, the assignment of industrial property rights, the industrial property representation and measures to promote industrial property activities.

Article 2.- Subjects of application

1. Individuals, legal entities and other subjects of the civil law (hereinafter collectively referred to as organizations and individuals).

2. Foreign organizations and individuals that satisfy all the conditions to enjoy the industrial property rights protection in Vietnam under treaties to which Vietnam is a contracting party.

Treaties mentioned in this Clause include:

a/ The 1883 Paris Convention for the Protection of Industrial Property, which was revised in 1967 (hereinafter referred to as the Paris Convention);

b/ The 2000 Vietnam-US Bilateral Trade Agreement;

c/ The 1999 Agreement on Protection of Intellectual Property Rights and Cooperation in the Field of Industrial Property between Vietnam and Switzerland.

d/ The 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIP Agreement), to be applied from the time Vietnam becomes a member of the World Trade Organization (WTO).

e/ Other treaties concerning the protection of industrial property rights to which Vietnam is a contracting party.

Article 3.- Responsibilities for state management of industrial property

1. The Science and Technology Ministry has the following responsibilities for state management of industrial property:

a/ To formulate and organize the implementation of strategies and policies on protection of industrial property rights;

b/ To promulgate or submit to competent authorities for promulgation, and organize the implementation of, legal documents on industrial property;

c/ To organize the system of agencies performing the function of state management of industrial property;

d/ To provide professional guidance, and organize professional training and fostering in industrial property;

e/ To organize the establishment of industrial property rights, the registration of contracts on assignment of industrial property rights, and carry out other procedures concerning industrial property right protection titles;

f/ To exercise the right to compel the licensing of inventions according to the provisions of Article 147 of the Law on Intellectual Property;

g/ To assume the prime responsibility for, and coordinate with other agencies in, applying various measures to protect legitimate rights and interests of organizations, individuals, the State and society in industrial property;

h/ To manage the industrial property assessment activities; and to grant industrial property assessor’s cards;

i/ To inspect and examine the observance of the industrial property law; to settle complaints and denunciations and handle industrial property-related violations;

j/ To organize activities of industrial property information and statistics;

k/ To organize the education, dissemination and popularization of knowledge, policies and law on industrial property;

l/ To assume the prime responsibility for, and coordinate with the Education and Training Ministry and the Justice Ministry in, elaborating training programs and organizing the training and fostering of industrial property knowledge and law;

m/ To manage activities of industrial property representation; to grant practice certificates for provision of industrial property representation services;

n/ To enter into international cooperation on industrial property; to propose the settlement of industrial property disputes between Vietnam and other countries.

The National Office of Intellectual Property is an agency attached to the Science and Technology Ministry, having the responsibility to assist the Science and Technology Minister in performing the function of state management of industrial property. The Science and Technology Minister shall specify functions, tasks and powers of the National Office of Intellectual Property.

2. People’s Committees of provinces or centrally run cities have the following responsibilities for state management of industrial property in their respective localities:

a/ To organize the implementation of policies and law on industrial property;

b/ To elaborate, promulgate and organize the implementation of local regulations on industrial property;

c/ To organize the system for management of industrial property activities in their localities, and apply measures to raise the effectiveness of this system;

d/ To organize the dissemination and popularization of knowledge, policies and law on industrial property, and take measures to promote industrial property activities;

e/ To guide and assist organizations and individuals in carrying out industrial property-related procedures;

f/ To coordinate with concerned agencies in activities of protecting industrial property rights and handling violations of industrial property law;

g/ To inspect and examine the observance of industrial property law, and settle complaints and denunciations about industrial property in their localities;

h/ To manage geographical indications belonging to their localities;

i/ To enter into international cooperation on industrial property in their localities.

Provincial/municipal Science and Technology Services are agencies attached to People’s Committees of provinces or centrally run cities and responsible for assisting the People’s Committees in performing the function of state management of industrial property in their localities. People’s Committees of provinces or centrally run cities specify the functions, tasks and powers of provincial/municipal Science and Technology Services.

3. Ministries, ministerial-level agencies and government-attached agencies are responsible for organizing and directing the enforcement of industrial property law and managing industrial property subject matters under their management.

Article 4.- Method of calculation of term

The method of calculation of terms in industrial property activities complies with the provisions on terms in Chapter VIII, Part One of the Civil Code.

Article 5.- Industrial property fees and charges

The Finance Ministry assumes the prime responsibility for, and coordinates with the Science and Technology Ministry in, prescribing and guiding the collection, payment, management and use of industrial property fees and charges.