[Vnbiz] IP Roundup

[Craig Stevenson]

*Section: *INTERNATIONAL BRIEFINGS

*VIETNAM*

With *Vietnam's* impending entry into the WTO, there have been many recent
developments in intellectual property law, including:
*New Law on Intellectual Property
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On July 1 2006, *Vietnam's* first-ever comprehensive Law on Intellectual
Property Law entered into effect. Highlights of the law include:

   - Improvements to the enforcement system, including the introduction
   of statutory compensation awards of up to $31,000 for trade mark, copyright
   or patent infringement.
   - Provisions on recognizing and protecting well-known trade marks.
   - A five year period of data protection for pharmaceutical and
   agrochemical data.

Detailed implementing regulations for the law are forthcoming.
*Madrid Protocol effective
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On July 11 2006, the Madrid Protocol entered into effect in *Vietnam*.
*Franchising regulations adopted
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The Ministry of Trade recently issued Circular No. 9, which provides
guidelines on *Vietnam's* first-ever franchising regulations. In particular,
the circular provides a model disclosure statement, which must include
details on licensed IP.
*Information Technology Law
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The Information Technology Law was adopted in July 2006. Article 12 of the
law prohibits IP infringements in IT activities. Regulations on the use of
non-.vn websites in *Vietnam*, the creation and storage of ephemeral copies
and anti-spam regulations are also set forth. Also of note, the Prime
Minister issued Decision No. 169 on July 17 2006, exhorting state-owned
enterprises to comply strictly with IP regulations in the procurement and
use of IT equipment, in particular with regard to software and digital
content.
*Cinematography Law
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*Vietnam* passed its first Cinematography Law on June 29 2006. The law
contains various provisions related to copyright, such as a requirement that
proper copyright be evidenced for imported films. Film producers and
television stations may import and export films, but the quantity of films
imported may not exceed the quantity of films they produce annually by a
ratio of more than 2:1. Other regulations relate to film distributors and
cinemas.
*Pharmaceuticals and cosmetics
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The Ministry of Health recently issued Circular No. 6 providing new
guidelines on the import/export of pharmaceuticals and cosmetics, including
guidelines on import/export application dossiers and labeling requirements.
Point I.4.5 affirms the duty of producers, importers and exporters to be
responsible for IP matters related to their products.
*Online gaming regulations
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In June 2006, the Ministry of Culture and Information (MOCI), Ministry of
Posts and Telecommunications and the Ministry of Police issued a joint
circular on online gaming. Online games are subject to approval by the MOCI.
The application dossier to the MOCI must include evidence of proper
copyright in the software for the online game, and the agreement of the
copyright owner for the game to be distributed in *Vietnam*.

PHOTO (COLOR)
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