Phần thứ nhất Nghị định 65/2023/NĐ-CP: Những quy định chung

Part one

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the elaboration and implementation measures of regulations of the Law on Intellectual Property on:

1. Right establishment, right holders, contents, and limitations of industrial property rights, transfer of industrial property rights, industrial property representatives, and measures to promote industrial property.

2. Identification of acts of infringement, nature, and severity of industrial property right infringements, rights to plant varieties, identification of damage, request and settlement of infringement handling requests, handling of infringements upon industrial property rights and rights to plant varieties, control of imports and exports concerning industrial property rights and rights to plant varieties, assessment of industrial property rights and rights to plant varieties, and state management of intellectual property.

Article 2. Regulated entities

1. Vietnamese and foreign organizations and individuals meeting the requirements for grant of protection of industrial property rights in Vietnam according to international treaties to which Vietnam is a signatory.

2. Organizations and individuals that have granted protection of industrial property rights and/or rights to plant varieties or have acts of infringement on industrial property rights and/or rights to plant varieties as prescribed by the Law on Intellectual Property.

3. Other relevant organizations and individuals.

Article 3. Interpretation of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. “Vietnamese organizations and individuals” are individuals, juridical persons, and other right holders as prescribed by civil laws.

2. “Applicants” are organizations and/or individuals applying for the establishment of industrial property rights or organizations and individuals applying for the handling of acts of infringement on industrial property rights and/or rights to plant varieties.

3. “Paris Convention” means the Paris Convention for the Protection of Industrial Property dated 1883, amended in 1967 and 1979.

4. “PCT Treaty” means the Patent Cooperation Treaty dated 1970, amended in 1984 and 2001.

5. “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks dated 1891, amended in 1979.

6. “Madrid Protocol” means the Madrid Protocol Concerning Madrid Treaty dated 1989, amended in 2006 and 2007.

7. “Hague Agreement” means the Hague Agreement Concerning the International Deposit of Industrial Designs and its Document dated 1999.

8. “PCT application” means an invention registration application submitted under the PCT Treaty.

9. “PCT application designating or selecting Vietnam” means a PCT application submitted at any member of the PCT Treaty, including Vietnam, specifying Vietnam is the designated or selected country.

10. “PCT national phase application” means a PCT application designating or selecting Vietnam submitted to an industrial property right authority.

11. “PCT application originating from Vietnam” means a PCT application submitted from Vietnam, which requests the grant of protection to any member of the PCT Treaty, including Vietnam.

12. “Madrid application” means an application for the international registration of marks submitted under the Madrid Agreement or Madrid Protocol.

13. “Madrid application originating from Vietnam” means a Madrid application requesting a grant of protection to marks at other members of the Madrid Treaty or Madrid Protocol submitted from Vietnam.

14. “Madrid application designating Vietnam” means a Madrid application requesting a grant of protection to marks in Vietnam, originating from other members of the Madrid Treaty or Madrid Protocol.

15. “Hague application” means an application for the international registration of industrial designs submitted under the Hague Agreement.

16. “Hague application designating Vietnam” means a Hague application requesting a grant of protection to industrial designs in Vietnam, originating from any member of the Hague Agreement, including Vietnam.

17. “Hague application originating from Vietnam” means a Hague application submitted from Vietnam requesting a grant of protection of industrial designs at any member of the Hague Agreement, including Vietnam.

18. “International Office” means the International Office of the World Intellectual Property Organization (WIPO).

19. “Acts of infringement” are acts of infringement on industrial property rights and/or rights to plant varieties.

20. “Handling of infringements” means the handling of infringements on industrial property rights and/or rights to plant varieties.

21. “Violators” are organizations and/or individuals infringing on industrial property rights and/or rights to plant varieties.

22. “Infringement factors” are factors created from infringements on industrial property rights and/or rights to plant varieties.

23. “Act subject to examination” means an act that is suspected and examined to determine whether it is an infringement or not.

24. “Subjects under examination” are subjects suspected and examined to determine whether they are violators of industrial property rights and/or rights to plant varieties or not.

25. “Application for infringement handling” means an application for the adoption of measures to handle acts of infringement.

26. “Law on Intellectual Property” means the Law on Intellectual Property dated November 29, 2005, amended by the Law on amendments to the Law on Intellectual Property dated June 19, 2009, the Law on amendments to the Law on Insurance Business and the Law on Intellectual Property dated June 14, 2019, and the Law on amendments to the Law on Intellectual Property dated June 16, 2022.