- Order No. 12/2009/L-CTN of June 29, 2009, on the promulgation of law
- Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property (No. 36/2009/QH12)
- Article 1.
- 1. To amend and supplement Article 3 as follows:
- 2. To amend and supplement Article 4 as follows:
- 3. To amend and supplement Article 7 as follows:
- 4. To amend and supplement Article 8 as follows:
- 5. To amend and supplement Article 14 as follows:
- 6. To amend and supplement Article 25 as follows:
- 7. To amend and supplement Article 26 as follows:
- 8. To amend and supplement Article 27 as follows:
- 9. To amend and supplement Article 30 as follows:
- 10. To amend and supplement Article 33 as follows:
- 11. To amend and supplement Article 41 as follows:
- 12. To amend and supplement Article 42 as follows:
- 13. To amend and supplement Article 87 as follows:
- 14. To amend and supplement Article 90 as follows:
- 15. To amend and supplement Article 119 as follows:
- 16. To amend and supplement Article 134 as follows:
- 17. To amend and supplement Article 154 as follows:
- 18. To amend and supplement Article 157 as follows:
- 19. To amend and supplement Article 160 as follows:
- 20. To amend and supplement Article 163 as follows:
- 21. To amend and supplement Article 165 as follows:
- 22. To amend and supplement Article 186 as follows:
- 23. To amend and supplement Article 187 as follows:
- 24. To supplement and supplement Article 190 as follows:
- 25. To amend and supplement Article 194 as follows:
- 26. To amend and supplement Article 201 as follows:
- 27. To amend and supplement Article 211 as follows:
- 28. To amend and supplement Article 214 as follows:
- 29. To amend and supplement Article 218 as follows:
- 30. To amend and supplement Article 220 as follows:
- Article 2.
- Article 3.
- Article 1.
THE STATE PRESIDENT
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
PROMULGATES:
the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property,
which was passed on June 19, 2009, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 5th session.
President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET
(No. 36/2009/QH12)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property.
Article 1.
To amend and supplement a number of articles of the Law on Intellectual Property:
1. To amend and supplement Article 3 as follows:
"Article 3. Subject matters of intellectual property rights
1. Subject matters of copyright include literary, artistic and scientific works; subject matters of copyright-related rights include performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.
2. Subject matters of industrial property rights include inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.
3. Subject matters of rights to plant varieties include reproductive and harvested materials."
2. To amend and supplement Article 4 as follows:
"Article 4. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Intellectual property rights means rights of organizations and individuals to intellectual assets, including copyright and copyright-related rights, industrial property rights and rights to plant varieties.
2. Copyright means rights of organizations and individuals to works they have created or own.
3. Copyright-related rights (below referred to as related rights) means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.
4. Industrial property rights means rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition.
5. Rights to plant varieties means rights of organizations and individuals to new plant varieties they have selected, created or discovered and developed, or own.
6. Intellectual property right holder means an owner of intellectual property rights or an organization or individual that is assigned intellectual property rights by the owner.
7. Work means a creation of the mind in the literary, artistic or scientific domain, whatever may be the mode or form of its expression.
8. Derivative work means a work which is translated from one language into another, adapted, modified, transformed, compiled, annotated or selected.
9. Published work, phonogram or video recording means a work, phonogram or video recording which has been made available in a reasonable quantity of copies to the public with the permission of the copyright holder or related right holder.
10. Reproduction means the making of one or many copies of a work or a phonogram or video recording by whatever mode or in whatever form, including the backup of the work in electronic form.
11. Broadcasting means the transmission of the sound or image or both of a work, a performance, a phonogram, a video recording or a broadcast to the public by wire or wireless means, including satellite transmission, in such a way that members of the public may access that work from a place and at a time they themselves select.
12. Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.
13. Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
14. Semiconductor integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections, are integrally formed in or on a piece of semiconductor material and which is intended to perform an electronic function. Integrated circuit is synonymous to IC, chip and microelectronic circuit.
15. Layout-design of semiconductor integrated circuit (below referred to as layout-design) means a three-dimensional disposition of circuit elements and their interconnections in a semiconductor integrated circuit.
16. Mark means any sign used to distinguish goods or services of different organizations or individuals.
17. Collective mark means a mark used to distinguish goods or services of members from those of non-members of an organization which is the owner of such mark.
18. Certification mark means a mark which is authorized by its owner to be used by another organization or individual on the latter's goods or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.
19. Integrated mark means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
20. Well-known mark means a mark widely known by consumers throughout the Vietnamese territory.
21. Trade name means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.
A business area mentioned in this Clause means a geographical area where a business entity has its partners, customers or earns its reputation.
22. Geographical indication means a sign which identifies a product as originating from a specific region, locality, territory or country.
23.