The Law on Intellectual Property became effective on 1 July 2006. It was the first time the regulations on Intellectual Property are provided in a separate law which includes 222 Articles in 18 Chapters and 6 Parts. In general, the Law mainly strengthens and broadens the rights of Intellectual Property owners. Particularly, they are classified in three groups:

1. Objects of copyright including literary, artistic and scientific works; objects of related rights include performances, sound recordings, video recordings; broadcasting programs; satellite signals carrying encrypted program;

2. Objects of industrial property rights including inventions; industrial designs; layout-designs of semi-conductor integrated circuits; trade secrets; trademarks; trade names and geographical indications; and

3. New plant varieties.

The Law also clarifies, and in some cases simplifies, the registration procedures as well as the fees and charges when conducting intellectual property related procedures in accordance with this Law and other provisions of legislation.

According to the Law, the contents, limitations and duration of protection of copyrights, and related rights were provided so clearly. General requirements for patents, industrial designs, trademarks, etc that are eligible for protection are very detailed.

They are enumerated in the subject matters, which are not protected as intentions, industrial designs, and the cases in which a mark shall not be considered as a distinctive one.

They also provided the scope and limitation of Industrial Property rights, of the industrial property representatives, and the most important aspect is the protection of intellectual property right base oneself on the provision of the Law, holders shall have right to apply the following measures to protect their intellectual property rights:

·         Taking technological measures to prevent infringements of intellectual property rights;

·         Requesting organizations, individuals that have committed acts of infringement of intellectual property rights to terminate the infringing acts, apologize, publicly rectify and compensate damages;

·         Requesting the competent state agencies to handle acts of infringement of intellectual property rights in accordance with provisions of the Law and other related Laws and regulations;

·         Initiating lawsuits at competent courts or by arbitrators to protect their legitimate rights and interests.

Chapters 17 and 18 of the Laws are considered as the most important ones which stipulate the protection and enforcement of intellectual property rights by civil proceeding, administrative and criminal remedies. Particularly, these matters are provided as follows:

1. Civil methods

The court shall take the following civil methods to handle organizations and individuals that have committed acts of infringement of intellectual property rights:

·         Compelling termination of the infringement of intellectual property rights;

·         Compelling public rectification and apology;

·         Compelling the performance of civil obligations;

·         Compelling compensation for damages;

·         Compelling destruction, distribution or use for non-commercial purpose in respect of goods, materials and implements the predominant use of which has been in the creation or trading of intellectual property right infringing goods, provided that such distribution and use does not affect the exploitation of rights by the intellectual property rights holder.

2. Administrative methods

The following acts of IPR infringements shall be subject to the administrative methods:

·         Committing an act of infringement of intellectual property rights, which causes loss to consumers or the society;

·         Not terminating an act of infringement of intellectual property rights, even if a written notice has been served by the intellectual property right holder;

·         c) Producing, importing, transporting, and trading in intellectual property counterfeit goods referred to in Article 213 of this Law or assigning others to do so;

·         Producing, importing, transporting and trading in articles bearing a mark or a geographical indication that is identical with or confusingly similar to protected mark or protected geographical indication or assigning others to do so;

Organizations and individuals that have committed acts of intellectual property rights infringement referred above shall be compelled to terminate the infringement and subject to one of the following main remedies:

·         Warning;

·         Monetary fine.

Depending on nature and level of the infringement, the IPR infringing organizations and individuals are liable to the following complementary remedies:

·         Confiscation of intellectual property counterfeit goods, materials, raw materials and implements mainly used for manufacturing or trading such intellectual property counterfeit goods;

·         Suspension of relevant business activities for a definite term.

In addition to the remedies referred above, organizations and individuals that have committed IPR infringing acts are liable to the following restoration remedies:

·         Compelling destruction, distribution or use of the intellectual property counterfeit goods for non-commercial purposes and materials, raw materials and implements mainly used for manufacturing or trading such intellectual property counterfeit goods provided that such distribution and use does not affect the exploitation of rights by intellectual property right holder;

·         Compelling delivery of the transiting goods out of the territory of Vietnam or re-export of the intellectual property counterfeit goods, implements and materials that are imported mainly for manufacturing or trading such intellectual property counterfeit goods, after having removed infringing elements.

The monetary fine rates referred above shall be at least equal to the value of the discovered infringing goods but must not exceed five times of that value.

3. Criminal methods

Individuals who have committed acts of infringement of intellectual property rights having factors that constitute a crime shall be liable to the criminal liabilities in accordance with the criminal laws and regulations.

After the issuance of the Law, several regulations guiding the implementation of the Law have been issued that makes the intellectual property law system of Vietnam more sufficient and satisfied the requirements of the integration of commercial world.