THE OFFICE OF NATIONAL ASSEMBLY
Integrated Document No. 19/VBHN-VPQH dated December 18, 2013 of the Office of National Assembly integrates the Laws on Intellectual Property
Pursuant to the Intellectual Property Law No.50/2005/QH11 dated November 29, 2005 of the National Assembly, coming into force from July 1, 2006 and being amended by
The Law No.36/2009/QH12 dated June 19, 2009 of the National Assembly on amending a number of articles of the Law on Intellectual Property taking into effect from January 1, 2010.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by Resolution 51/2001/QH10 passed by Legislature X of the National Assembly at its 10th Session on 25 December 2001;
This Law regulates the intellectual property [1].
Part I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Law regulates copyrights, copyright-related rights, industrial property rights and plant variety rights; and the protection of such rights.
Article 2. Subject of application
This Law shall apply to Vietnamese organizations and individuals and to foreign organizations and individuals who satisfy the terms and conditions stipulated in this Law and in any international treaty of which the Socialist Republic of Vietnam is a member.
Article 3. Object matter of intellectual property rights [2]
1. Objects of copyright including literary, artistic and scientific works; objects of copyright-related rights including performances, audio and video recordings, broadcasts and encrypted program-carrying satellite signals.
2. Objects of industrial property rights comprising inventions, discoveries, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.
3. Objects of plant variety rights consisting of propagating materials and harvested materials.
Article 4. Interpretation of terms [3]
In this Law, the following terms shall be 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 plant variety rights.
2. Copyright means rights of organizations and individuals to works they have created or own.
3. Copyright-related rights (hereinafter 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, discoveries, industrial designs, layout-designs of semiconductor integrated circuits, marks, brand-names, geographical indications and trade secrets they have created or own, and unfair competition prevention rights.
5. Right to plant varieties means rights of organizations and individuals to new plant varieties they have chosen to create or detect and develop, and are vested with the ownership rights.
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