Industrial property registration applications shall be processed in accordance with the Law on Intellectual Property of Vietnam

Decree No. 122/2010/NĐ-CP of Vietnam’s Government takes effect from February 22, 2011, which supplements the Law on Intellectual Property regarding industrial property. According to this Decree, industrial property registration applications from time to time will be processed according to the provisions of different legal documents, specifically as follows:

- Industrial property registration applications filed with the National Office of Intellectual Properly in the period from July 01, 2006, through December 31, 2009, shall be processed in accordance with the 2005 Law on Intellectual Property and guiding documents.

- Industrial property registration applications filed with the National Office of Intellectual Property from January 01, 2010, on, shall be processed in accordance with the 2009 Law Amending and Supplementing a Number of Articles of the Intellectual Property and guiding documents.

- The National Office of Intellectual Property shall grant registration certificates of geographical indications for appellations of origin of Goods already registered in accordance with the provisions of the Law on Intellectual Property regarding registration of geographical indications. All rights and obligations of industrial property right holders related to appellations of origin of goods comply with the provisions of the Law on Intellectual Property regarding geographical indications.

Thus, industrial property registration applications filed with the National Office of Intellectual Property before January 01, 2006 shall continue to be processed in accordance with the provisions of the 1995 Civil Code and its guiding documents.

View more details at Decree No. 122/2010/NĐ-CP of Vietnam’s Government, effective from February 22, 2011.

Nguyen Phu

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