Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
This Decree prescribes in detail the protection of industrial property rights to some of "the other objects" specified in Article 780 of the October 28, 1995 Civil Code, including: business secrets, geographical indications and commercial names, and the protection of the right against industrial property-related unfair competitions.
Article 2.- Application objects
1. This Decree shall apply to domestic and foreign organizations and individuals conducting business activities on the Vietnamese territory.
2. This Decree shall also apply to foreign organizations and individuals that do not conduct business activities on the Vietnamese territory but fall into one of the following cases:
a/ Organizations and individuals that have their industrial property rights protected under provisions of the Paris Agreement or provisions of international agreements on mutual industrial property recognition and protection, which Vietnam has signed or acceded to;
b/ Organizations and individuals from countries and/or territories, which have, together with Vietnam, accepted the principle of reciprocity in the industrial property protection for each other’s organizations and individuals.
Article 3.- Application of legal documents
The protection of business secrets, geographical indications, commercial names and the right against unfair competitions in the industrial property domain shall comply with this Decree’s provisions and other relevant legal documents of Vietnam.
In cases where an international agreement which Vietnam has signed or acceded to contains provisions different from those of this Decree, the provisions of such international agreement shall apply.
Article 4.- Interpretation of terms
The following terms and expressions, used in this Decree, shall be understood as follows:
1. "Commercial instructions" are signs and information to provide commercial instructions to commodities and services, including trademarks, commercial names, business logos, business slogans, geographical indications, goods packing designs, goods labels...;
2. "Use of commercial instructions" are acts of affixing such commercial instructions on goods, goods packing, service means, business transaction papers, advertising means; selling, advertising for sale, storing for sale and importing goods affixed with such commercial instructions;
3. "Investment yields" are knowledge and information in forms of technologies, inventions, utility solutions, industrial designs, technical know-hows, business secrets..., obtained from financial or intellectual investment activities;
4. "Use of investment yields" are acts of using knowledge and information specified in Clause 3 of this Article to conduct activities of manufacturing products, providing services and/or trading in goods; selling, advertising for sale, storing for sale and importing products manufactured with the use of such knowledge and/or information.
Article 5.- Conditions for establishing industrial property rights to business secrets, geographical indications and commercial names
The industrial property rights to business secrets, geographical indications and commercial names shall be automatically established when there exist all the conditions prescribed in Articles 6, 10 and 14 of this Decree without having to make registration at the competent State agencies.
Tìm kiếm
Nghị định 54/2000/NĐ-CP bảo hộ quyền sở hữu công nghiệp đối với bí mật kinh doanh, chỉ dẫn địa lý, tên thương mại và bảo hộ quyền chống cạnh tranh (Bản Word)