LAW on amendments and supplements to some articles of the law on intellectual property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on amendments and supplements to some articles of the law on intellectual property of 50/2005/QH11.
Article 1. Amendments and supplements to some articles of the law of intellectual property: 1. Article 3 is amended and supplemented as follows: "article 3. The subject of intellectual property rights 1. Copyright subjects including literature, art, science; the object of copyright-related rights including the performance, sound recordings, video recordings, broadcasts, satellite signals carry encrypted programs.
2. The object of industrial property rights including patents, industrial designs, layout designs of integrated circuits, trade secrets, trademarks, trade names and geographical indications.
3. Object the rights to plant varieties as breeding material and harvest materials. "
2. Article 4 is modified and supplemented as follows: "article 4. Explanation of terms In this law, the terms below are interpreted as follows: 1. the intellectual property right is a right of the individual organizations for intellectual property, including copyright and rights related to copyrights, industrial property rights and rights to plant varieties.
2. Copyright is the right of the individual organizations for his work created or owned.
3. copyright and related Rights (hereinafter referred to as the related rights) are rights of the individual, the Organization for the performance, sound recordings, video recordings, broadcasts, satellite signals carry encryption programs.
4. industrial property rights are the rights of the individual, Organization for patents, industrial designs, layout designs of integrated circuits, marks, trade names, geographical indications, trade secrets by themselves create or property and rights against unfair competition.
5. Rights to plant varieties is the right of the individual organizations for new crop varieties by themselves choose the created or discovered and developed, or be entitled to ownership.
6. intellectual property rights owner is the owner of the intellectual property rights or the Organization, individuals are owners of intellectual property rights transfer.
7. The work is innovative products in the fields of literature, art and science expressed by any means or in any form.
8. Derivative work is a work translated from that language into another language, the adaptation, arranger, adapted, edited, annotated, selection.
9. Works, sound recordings, video recordings has published works, sound recordings, video recordings were released with the consent of the copyright owner, the owner of the rights concerned to disseminate to the public with a reasonable number of copies.
10. copy is the creation of one or more copies of a work or a sound recording, record by any means or in any form, including the making of copies in electronic form.
11. is broadcast the transmission of sounds or images or both audio and images of the work, the performer, sound recordings, video recordings, broadcasts to the public by means of radio or land line, including the transmission via satellite to the public could get in the place and time chosen by them.
12. An invention is technical solutions in the form of a product or process to solve a problem identified by the application of the natural law.
13. An industrial design is the appearance of the product is shown by contours, shapes, colors, or a combination of these factors.
14. the semiconductor Integrated Circuit product is in the form of finished products or semi-finished products, in that the element with at least one active element, and some or all the linkages are attached inside or above the panels of semiconductor materials in order to make the electronic functions. Integrated circuit, IC chip and synonymous with the chips.
15. integrated circuit layout design (hereinafter the layout design) is the spatial structure of the circuit elements and linkages that elements in semiconductor integrated circuit.
16. The mark is a sign used to distinguish goods or services of the organizations, different individuals.
17. collective marks are marks used to distinguish goods or services of the members of the organization is the owner of the mark with the goods or services of the Organization, the individual is not a member of that organization.
18. the certification label is the label that the trademark owner allows organizations and individuals to use on goods and services of the Organization, that individual to the certificate of origin, raw materials, materials, the manner of production of the goods, the way to provide the service, the quality of , accuracy, safety or other features of the goods or services bearing the trademark.
19. the affiliate marks are trademarks registered by the same owner, same for identical or similar products or services of the same kind or similar or related to each other.
20. famous brand is the brand is widely known throughout the territory of Vietnam.
21. The trade name is the name of the Organization, the individual user in active trading to differentiate business entities entitled to call it with other business entities in the same areas and business areas.
Business areas specified in this paragraph is the geographic area where the business owner have you the consumer, customer or have the reputation.
22. Geographical indication is a sign used to designate products originating from the region, locality, region or country specific.
23. Trade secret is information obtained from financial investment operations, intelligence, have yet to be revealed and capable of use in business.
24. Crop is crop populations belonging to the same classification level as low, homogeneous morphology, stability through the breeding cycle, can recognize by the expression characteristics due to genotype or combination of genotypes of regulation and distinguish with any other plant populations by the expression of at least one computer condition There are likely to be genetic.
25. The degree of protection is written by competent State authorities granted to individual organizations to establish industrial property rights for inventions, industrial designs, layout design, trademarks, geographical indications; rights to plant varieties.
26. breeding material are plants or parts of plants have the ability to grow into a new tree used for breeding or for cultivation.
27. The material harvested the trees or tree parts obtained from the cultivation of breeding materials. "
3. Article 7 is modified and supplemented as follows: "article 7. Limited to intellectual property rights 1. The intellectual property right holder may only be exercised in the scope and duration of protection according to the provisions of this law.
2. The implementation of intellectual property rights not be violated the interests of the State, public interest, rights and legitimate interests of other individuals, and organizations do not violate the provisions of the relevant laws.
3. In the case in order to ensure the goal of Defense, security, livelihood and other interests of the State, social provisions in this law, the State has the right to prohibit or limit the subject of intellectual property rights to implement his rights or forced the subject of intellectual property rights must allow the Organization individuals using one or several of their right to appropriate conditions; the limit for patent rights in State secrets are made according to the regulations of the Government. "
4. Article 8 is amended and supplemented as follows: "article 8. The State's policy on intellectual property 1. Recognition and protection of intellectual property rights of individual organizations on the basis of ensuring harmony benefits of the intellectual property rights subject to the public interest; no protection of objects of intellectual property left with morals, public order, defence, and security.
2. Encourage creative activities, promote and exploit intellectual property to contribute to the socio-economic development, improving the physical and spiritual life of the people.
3. financial support for the receipt of transfer, exploitation of intellectual property rights serves the public interest; encourage organizations and individuals in local and foreign funding for innovative activities and the protection of intellectual property rights.
4. investment priorities for training, staff training, public officials, employees, related objects working on protection of intellectual property rights and research, scientific-technical applications for the protection of intellectual property rights.
5. Mobilization of resources of social investment to improve the system of protection of intellectual property rights, to meet the requirements of socio-economic development and international economic integration. "
5. Article 14 be amended and supplemented as follows: "article 14. The types of works are protected copyright 1. Literature, art and science are protected include: a) literary, scientific, educational, and other works are expressed in the form of letters or other characters;
b) lectures, speeches and other speech;
c press publications); d) music files; DD) theatrical works;
e) cinematographic works and created by similar methods (hereinafter referred to as the work of cinema);
g) works of fine art applications;
h) photographic works;
I) works of architecture;
k) A chart, a diagram, a map, a drawing related to the topography, architecture, scientific works;
l) literary works, folk art;
m) computer program, data collection.
2. Derivative works are only protected by the provisions of paragraph 1 of this article, if not detrimental to the copyright for the work is used to make derivative works.
3. The work is prescribed in clause 1 and clause 2 of this is due to the author directly by creative intellectual labour without copying from the work of others.
4. The Government specific instructions about the type of the work prescribed in clause 1 of this article. "
6. Article 25 be amended and supplemented as follows: "article 25. The use of case files was announced not asking permission, do not pay royalties, remuneration 1. The use of case files was announced not asking permission, do not pay royalties, remuneration includes:

a) copy a Character for the purposes of scientific research, the teaching of personal;
b) cite reasonable work without doing wrong author to comment or illustrations in his works;
c) cites the work without doing wrong author to write the report, used in periodicals, in radio programs, television, documentary;
d) cites the work to teach in schools that do not make the wrong author, non-commercial purposes;
DD) copy the files to store in the library for the purpose of research;
e) performing theatrical works, performing the art of cultural activities propaganda does not collect the money under any form whatsoever;
g) recording, recording live performances to include news or to teaching;
h) photo shoot, tv works, architecture, photography, art is on display in a public place in order to introduce the image of the work;
I) works to Transfer Braille or another language for the blind;
k) import copies of the work of others for personal use.
2. organizations and individuals use the work prescribed in clause 1 of this article do not affect the normal exploitation of the work, not prejudicial to the rights of authors, copyright owners; to information about the author and the source, the origin of the work.
3. The provisions of point a and point VND account 1 this does not apply to architectural works, writings, computer programs. "
7. Article 26 is amended and supplemented as follows: "article 26. The use cases published works not ask permission but must pay royalties, remuneration 1. Broadcast organizations use published works to broadcast sponsor, advertise or collect money under any form would not have to ask permission, but must pay royalties, remuneration for the copyright owner since use. The level of royalties, remuneration, other material benefits and the method of payment by the parties to the agreement; case of non agreement was then made in accordance with the Government or sue in court under the provisions of the law.
Broadcast organizations use published works to broadcast no advertising or sponsorships, not collect money under any form would not have to ask permission, but must pay royalties, remuneration for the copyright owner since the use according to the regulations of the Government.
2. organizations and individuals use the work prescribed in clause 1 of this article do not affect the normal exploitation of the work, not prejudicial to the rights of authors, copyright owners; to information about the author and the source, the origin of the work.
3. use of works in the cases specified in paragraph 1 of this article shall not apply to cinematographic works. "
8. Article 27 is amended and supplemented as follows: "article 27. The term of protection of copyright 1. Personal rights specified in the paragraph 1, 2 and 4 of article 19 of this Law are protected indefinitely.
2. Personal Rights stipulated in paragraph 3 article 19 and property rights stipulated in article 20 of this law have the duration of protection are as follows: a) works in film, photography, art, the work anonymously there is period of seventy-five years, since the work was first published; for works of cinema, photography, fine art applications not yet published within a period of twenty-five years, since the work is shaped, the duration of protection is one hundred years, since the work is shaped; for the work anonymously, when the information about author appearances, then the term of protection is calculated as specified in point b of this paragraph;
b) files not belonging to the type specified in point a of this paragraph have the term of protection is the author throughout his life and for the next fifty years the author died; the case files have co-authored the protection period ending in fifty after five co-authors eventually died;
c) duration of protection specified in point a and point b of this clause terminated on time 24 hours on December 31 of the year of the termination of the term of protection of copyright. "
9. Article 30 is amended and supplemented as follows: "article 30. Rights of producers of sound recordings, recorded 1. Producers of sound recordings, video recordings are exclusively done or let others perform the following rights: a) the direct or indirect copying sound recordings, video recordings;
b) import, distribution to the public of the original and copies of sound recordings, video recordings of themselves through selling, leasing or distributing by any means any technique which the public can access.
2. Producers of sound recordings, recorded the physical benefits when the recordings, his record is distributed to the public. "
10. Article 33 be amended and supplemented as follows: "article 33. The use cases and related rights do not have to ask permission, but must pay royalties, remuneration 1. The Organization, personal use directly or indirectly the recordings, taping has announced the commercial aims to broadcast sponsor, advertise or collect money under any form would not have to ask permission, but must pay royalties, remuneration under the agreement for the author, the copyright owner , performers, producers of sound recordings, video recordings, broadcast organization since the use; case of non agreement was then made in accordance with the Government or sue in court under the provisions of the law.
The Organization, personal use directly or indirectly the recordings, taping has announced the commercial aims to broadcast no advertising or sponsorships, not collect money under any form would not have to ask permission, but must pay royalties, remuneration to the author, the copyright owner , performers, producers of sound recordings, video recordings, broadcast organization since the use according to the regulations of the Government.
2. organizations and individuals use sound recordings, video recordings were published in business activities, trade does not have to ask permission, but must pay royalties, remuneration under the agreement for the author, the copyright owners, performers, producers of sound recordings, video recordings, broadcast organization since the use; case of non agreement was then made in accordance with the Government or sue in court under the provisions of the law.
3. organizations and individuals use the right specified in clause 1 and clause 2 of this not affect the normal exploitation of the performance, sound recordings, video recordings, broadcasts and not prejudicial to the rights of performers, producers of sound recordings, video recordings, broadcast organizations. "
11. Article 41 be amended and supplemented as follows: "article 41. The copyright owner is the person who transferred the right to 1. The Organization, individuals are transferred one, some or all of the rights specified in article 20 and paragraph 3 article 19 of this law as agreed in the contract is the owner of copyright.
2. organizations and individuals is managing the work anonymously are rights enjoyed by the owner until the identity of the author is identified. "
12. Article 42 is amended and supplemented as follows: "article 42. The copyright owner is the State 1. The State is the owner of copyright in respect of the following works: a) the work anonymously, except in the case prescribed in clause 2 Article 41 of this law;
b) works also in term of protection that copyright owner dies without an heir, the heir refused to accept the legacy or not be entitled to the legacy;
c) work is the copyright owner to transfer ownership to the State.
2. The Government specifies the use of the State-owned works. "
13. Article 87 is amended and supplemented as follows: "article 87. Trademark registration rights 1. The Organization, individuals have the right to register the mark for the goods produced or services provided.
2. organizations and individuals to conduct legitimate commercial activity has the right to register a trademark for your product to market but by others to produce the condition that the manufacturer does not use the trademark for the product and does not oppose the registration thereof.
3. collective organization founded to legally have the right to register collective marks to its members use according to the regulations of use of the collective mark; as for the geographical indication of origin of goods, services, the Organization has the right to sign the collective organization is organization, personal expedite production, local business it; for landmarks, signs the geographic origins of local specialties of Vietnam, the signing must be competent State agencies allow.
4. The organization has a control function, quality, characteristics, origin or other criteria related to the goods and services have the right to a trademark registration certificate with conditions do not proceed to production, commodity trading, service; for landmarks, signs the geographic origins of local specialties of Vietnam, the signing must be competent State agencies allow.
5. Two or more organizations, individuals have the same rights to register a mark to became co-owner with the following conditions: a) the use of the mark must be in the name of all the co-owner or use for goods and services that all the owners are involved in the production process , business;
b) the use of that Trademark is not misleading for consumers about the origin of goods or services.
6. Who has the right to register specified in the paragraph 1, 2, 3, 4 and 5 of this article, including the person who has filed an application to register has the right to transfer the right to sign for the Organization and individuals in the form of a contract in writing, to bequeath or inherit according to the provisions of the law on condition that the Organization individuals are transferred must meet the conditions for the people who have the right to sign respectively.
7. With respect to trademarks are protected in a country is a member of the international treaties have regulated the representative or agent of the owner of the trademark registration of the mark to which the Socialist Republic of Vietnam is a Member representative or agent shall not be permitted to register a trademark without the consent of the trademark owner unless there is good reason. "
14. Article 90 is amended and supplemented as follows:

"It is 90. The first applicant principle 1. In many cases the patent application is identical or equivalent to each other, the industrial design coincide or not significantly different to each other, the degree of protection are granted only for an invention or industrial design in the application duly have priority date or the earliest filing date of the application meets the conditions to be granted a degree of protection.
2. in the case of many of many different registered trademarks identical or similar to the point of confusion with another user for products or services identical or similar to each other or the case has many of the same people who register the duplicate label used for the product duplicate service, then the degree of protection are granted only for trademarks in a valid application has a priority date or the earliest filing date of the application meets the conditions to be granted a degree of protection.
3. in the case of multiple registration form prescribed in clause 1 and clause 2 of this same satisfying the conditions to be granted a degree of protection and have the priority date or the earliest filing date, the degree of protection are granted only to objects of a single one of these that according to the agreement of all of the applicant; If no agreement is then the corresponding object of the application which was refused to grant the degree of protection. "
15. Article 119 is amended and supplemented as follows: "article 119. The time limit for disposal of industrial property registration form 1. The application of industrial property are the evaluation form within the time limit of one month from the date of filing.
2. The application of industrial property to be appraised of the content of the following deadlines: a) for patent do not exceed eighteen months from the date of publication if the application requires evaluation of content to be filed before the date of publication of application or from the date of receiving the request to verify the content if the request is submitted after the date of publication of application;
b) for no more than nine months marks, since the date of publication of application;
c) for industrial designs do not exceed seven months from the date of publication of application;
d geographical indications) for no more than six months from the date of publication.
3. The time limit for evaluation of the application industrial property registrations by two-thirds the valuation period, the first time for the complex case may be extended but not to exceed the time limit for the first evaluation.
4. The time for the applicant to amend the single supplement, don't count on the time limits prescribed in clause 1, 2 and 3 of this article; the time limit for processing the requests, additional menu does not exceed one third of the corresponding assessment period prescribed in clause 1 and clause 2 of this Thing. "
16. Article 134 is amended and supplemented as follows: "article 134. Prior use rights for patent, industrial designs 1. The case before the filing date or the priority date (if any) of the patent application, an industrial design that someone has used or preparing the conditions necessary for use of the patent, industrial designs are identical to inventions, industrial designs registered in the application but is generated independently (hereinafter the person having a right to use) then after the writer equal protection is granted, the person has the right to continue to use the invention, industrial designs in the range and volume of used or prepared for use without having to ask permission or pay compensation to the owner of the patent, industrial designs are protected. The realization of the right of prior user invention, industrial designs are not considered to infringe the patent owner's rights, industrial design.
2. People have the right to use the invention, industrial designs are not allowed to transfer the rights to another person, except in cases of transfer of rights that accompanied the transfer of production facilities, business place using or preparing to use the patent, industrial designs. People have the right to use the expanded scope, not the volume of use if there are owners of patent, industrial designs allow. "
17. Article 154 is amended and supplemented as follows: "article 154. Business terms of service represent industrial property organization meets the following conditions are business services industry property agent with nominal service organization industrial property agent: 1. Is the enterprise, cooperative, practicing lawyers organization, organization science and technology services are established and operate in accordance with the law the Organization, unless the foreign lawyers practice practise in Vietnam;
2. the functioning of services in industrial property agent is recorded in the business registration certificate, certificate of registration (hereinafter referred to as the business registration certificate);
3. The head of the organization or the person who is the head of the authoritative organization must meet the conditions of practice services industrial property agent specified in clause 1 Article 155 of this Act. "
18. Article 157 is amended and supplemented as follows: "article 157. The Organization, individuals are protected rights to plant varieties 1. The Organization, individuals are protected rights to plant varieties is the Organization, individuals select the created or discovered and developed the cultivar or investment for chosen created or discovered and developed the cultivar or transferred rights to plant varieties.
2. organizations and individuals stipulated in paragraph 1 of this article includes a personal organizer, Vietnam; organizations, foreign individuals in the country has signed with Vietnam Socialist Republic agreement on protection of plant varieties; organizations, foreign individuals are based, permanent address in Vietnam or have production facilities, seed business in Vietnam; organizations, foreign individuals are based, permanent address or have production facilities, seed business in the country has signed with Vietnam Socialist Republic agreement on protection of plant varieties. "
19. Article 160 be amended and supplemented as follows: "article 160. Distinctiveness of the plant varieties 1. Plant varieties are considered to be different if the have the ability to distinguish with the other cultivars that are widely known at the time of filing or the priority date if priority right menu.
2. Plant varieties are widely prescribed in paragraph 1 of this article is the plant varieties belonging to one of the following cases: a) cultivars that breeding materials or materials of similar harvest that is used widely on the market in any country at the time of submission of the application for protection;
b) cultivars have been protected or put into the category of cultivars in any country;
c) cultivar is the subject of the application for protection or registration on the list of cultivars in any country, if the application is not rejected. "
20. Article 163 was amended and supplemented as follows: "article 163. The name of the seed 1. Registrants must propose a suitable name for the cultivar with State administration of rights to plant varieties, that name must match the name registered for protection in any country would have signed with the Socialist Republic of Vietnam agreement on protection of plant varieties.
2. The name of the cultivar is considered to match if it had the ability to easily distinguish with the names of the other cultivars that are widely known in the same species or similar species.
3. The name of the plant varieties are not considered appropriate in the following circumstances: a) includes only the digits, except digits relate to characteristics or the like;
b) violate social morality;
c) ease of equivocation about the characteristics, characteristics of the breed;
d) ease of equivocation about the identity of the author;
DD) identical or similar to the point of confusion with trademarks, trade names, geographical indications were protected before the date of publication of the application for protection of cultivars;
e) affect the rights had before of the Organization, the other individual.
4. organizations and individuals, offered for sale or marketed as breeding material of plant varieties must use the same name as the name recorded in the plant by protectionism, even after the end of the term of protection.
5. When the cultivar name is associated with the trademark, trade name or other similar indication with the name of the cultivar was registered to sell or market the name that still must be able to identify easily. "
165. Article 21 is amended and supplemented as follows: "article 165. Registration of rights to plant varieties 1. Individual organizations specified in article 157 of this law to apply rights to plant varieties (hereinafter the protection application) directly or through a legal representative in Vietnam.
2. organizations that meet the following conditions are business services representative rights to cultivars with nominal service organization representing rights to plant varieties: a) is the enterprise, cooperative, practicing lawyers organization, service organization of science and technology of Vietnam was established and operates under the provisions of the law the Organization, unless the foreign lawyers practice practise in Vietnam;
b) has the function of representative service operation rights to plant varieties are recorded in the business registration certificate, certificate of registration (hereinafter referred to as the business registration certificate);
3. The head of the organization or the person who is the head of the authoritative organization must meet the conditions specified in clause 4 and clause 5 of this Article are representative services practice rights to plant varieties.
4. Individuals are permitted to practice the right representation services for seed if it meets the following conditions: a) Have professional representation service rights to plant varieties;
b) operate in a service organization representing rights to plant varieties.
5. Individuals that meet the following conditions to be granted the certificate of practice services rights to plant varieties: a) Vietnam, citizens have the capacity for civil acts in full;
b) resident in Vietnam;
c) has a university diploma;

d) were directly working laws on rights to plant varieties from five years or more or has directly to do the work to assess the type of subscription rights to plant varieties at the national or international agencies about the rights to plant varieties from five years or more or have graduated from training law of rights to plant growing recognition of the authorized agency;
DD) are not public servants, officers are working in State bodies have the authority to establish and ensure the enforcement of rights to plant varieties;
e) achieved in the examination of the representative rights to plant varieties by competent authority organizations.
6. Government regulations specific to the legal representative of filing and service organization representing the rights for plant varieties. "
22. Article 186 be amended and supplemented as follows: "article 186. Rights of the owner with protection 1. Server protected by the right to use or allow others to use the following rights related to breeding material of protected varieties: a) the production or breeding;
b) processing for the purpose of breeding;
c) touted;
d) Sell or make other market access activities;
DD) export;
e);
g) retained to perform the acts prescribed in points a, b, c, d, e and e clause.
2. The rights of owners of protected plant varieties by the provisions in clause 1 of this article are applicable to harvest material obtained from the illegal use of breeding material of plant varieties are protected, unless protected by owner has had reasonable opportunity to exercise his rights for breeding material but not implemented.
3. Prohibit others from using the same plant as defined in Article 188 of this Act.
4. In order to inherit, inheritance rights to plant varieties and transfer of rights to plant varieties in accordance with Chapter XV of this law. "
23. Article 187 was amended and supplemented as follows: "article 187. Expanding the rights of the owner of Rights protected by the equal protection is extended for the following crops: 1. Seed derived largely from plant varieties are protected, unless protected cultivars are derived primarily from a seed that has been protected.
Seed is considered to originate mainly from protected varieties, if plant breeding that still retain the expression of the characteristics obtained from the genotype or combination of genotypes of the protected varieties, except for the distinct trait is the result of the impact on protected varieties;
2. Plant varieties not clearly distinct cultivars were protection;
3. Seed that production requires the repeated use of crop varieties have been protected. "
24. Article 190 is amended and supplemented as follows: "article 190. Limiting the right of equal protection to plant varieties 1. The following acts are not considered to infringe the rights to plant varieties protected: a) use seed serves the needs of personal and non-commercial;
b) use crop varieties for the purpose of testing;
c) using plant seeds to create different cultivars, except where the provisions of article 187 of this Act;
d) Households producing individuals using the product harvested from plant breeding to breeding and cultivation for the service later on his land.
2. Rights to plant varieties cannot be applied to acts related to the material of plant varieties are protected by the server by protectionism or who are protected by the owners for permission to sell or otherwise give Vietnam market or foreign markets, except the following behavior : a) related to the next seed multiplication;
b) involve an export of material of plant varieties capable of breeding on the water no protection to the genus or species of the plant that, except in cases of export of materials intended to consume. "
25. Article 194 was modified and supplemented as follows: "article 194. Assignment of rights to plant varieties 1. Assignment of rights to plant varieties are protected by the seed the entire transfer rights to seed it for the assignee. Party assignee becomes the owner with protection of plant varieties from the date of the contract of assignment is registered at the State administration of rights to plant varieties according to the procedure prescribed by law.
2. in case of rights to plant varieties belonging to the co-owners, the assignment to another person must be the consent of all the owners.
3. The transfer of rights to plant varieties should be made in the form of a contract in writing.
4. The transfer of rights to plant varieties resulting from State budget are made according to the provisions of the law on the transfer of technology. "
26. Article 201 be amended and supplemented as follows: "article 201. The assessment of intellectual property 1. The assessment of intellectual property is the Organization of the individual, as defined in paragraph 2 and paragraph 3 of this article use the knowledge, professional expertise to reviews, conclusions about the issues related to intellectual property rights.
2. enterprises, cooperatives, business units, organizations practicing lawyers, except held foreign lawyers practice practise in Vietnam meet the following conditions made the examiner works on intellectual property: a) has the manpower, material-technical base meets the required inspection activities organized under the provisions of the law;
b) functions to perform inspection activities on intellectual property are recorded in the business registration certificate, certificate of registration;
c) the head of the organization or the person who is the head of the organization authorized to tag intellectual property appraiser.
3. Individuals have the following condition are State bodies have issued the card appraiser intellectual: a) Vietnam, citizens have the capacity for civil acts in full;
b) resident in Vietnam;
c) good moral quality;
d) Have university qualifications in accordance with the recommended field examiner card, got past the fact of professional activity in the field of it since years and satisfactory professional inspection inspections.
4. the competent State agencies handle infringement of intellectual property rights has the right to referendum on intellectual expertise when tackling the incident which you are accepting.
5. The subject of intellectual property rights and other private organizations concerned have the right to require the assessment of intellectual property to protect the rights and legitimate interests.
6. specific government regulations on the Organization and operation of intellectual expertise. "
211. Article 27 is amended and supplemented as follows: "article 211. Infringement of intellectual property rights sanctioned administrative violations 1. The Organization, individuals made a in the infringement of intellectual property rights following the sanctioned administrative offense: a) infringing the intellectual property rights to harm the author, owner, consumers or society;
b) manufacture, import, transport, trafficking in counterfeit goods, about the intellectual property provisions of article 213 of this law or delegated to others made this behavior;
c) manufacture, import, transport, storage, trading stamps, labels or other items bearing the mark or geographical indication or assigned to another person perform this behavior.
2. specific provisions about government infringement on intellectual property rights sanctioned administrative offense, forms, fines and sanctions procedures.
3. organizations and individuals who perform acts of unfair competition on intellectual property, the sanctioned administrative offense under the provisions of the law on competition. "
214. Article 28 is amended and supplemented as follows: "article 214. The sanctions administrative violations and remedial measures 1. The Organization, individuals perform acts infringing the intellectual property rights provided for in paragraph 1 to article 211 of this law was forced to terminate the infringement and apply one of the following sanctions: a) caution;
b) fine.
2. Depending on the nature and extent of invasion, the hosted, personal intellectual property rights infringement can be applied one or the additional sanctions: a) confiscated counterfeit goods of intellectual, material, material, vehicles are mainly used to produce , fake goods business on intellectual property;
b) duration suspension of business activities in the field of infringement has occurred.
3. In addition to the sanctions provided for in paragraph 1 and paragraph 2 of this article, the Organization, the individual intellectual property rights infringement can be applied one or remedial measures: a) the Forced culling or distribute or use for commercial purposes not for fake goods on intellectual , raw materials, materials and vehicles are used primarily for the production and trading of fake goods on the condition that intellectual property does not affect the ability to harness the power of the subject of intellectual property rights;
b) Forcibly taken out of Vietnam territory for transit of goods infringing intellectual property rights or forced back against fake goods on intellectual property, vehicles, raw materials, imported materials are mainly used to produce counterfeit goods business on intellectual property after you have removed the offending elements on the goods.
4. The level of the fine, the authority sanctioning administrative violations with respect to infringement of intellectual property rights is made under the provisions of the law on handling administrative violations. "
29. Article 218 be amended and supplemented as follows: "article 218. The procedure of applying measures to halt making customs procedures 1. When the person asked to pause to do customs have to fulfill the obligations stipulated in article 217 of this Act, the Customs authorities a decision to pause to do customs procedures for the shipment.
2. The time limit for temporary stop making customs procedures is ten working days from the date of the request to pause to do customs received notice of the customs of the pause procedure to customs. In case the requested pause there is reason then this time limit may be extended, but not exceeding twenty days with the condition that the requested pause customs must submit the additional guarantees provided for in paragraph 2 to article 217 of this Act.

3. At the end of the time limit specified in paragraph 2 of this Article that the requested pause do not sue the Customs and the Customs does not decide the case according to the procedures of handling administrative violations with regard to the export, import and export shipments, the customs authority has the following responsibilities : a) continue to make customs procedures for the shipment;
b) force the pause request customs procedures to compensate for the entire shipment for damages due to the pause request customs do not right cause and must pay the cost of storing, storage of goods and other costs incurred for customs authorities and bodies , organizations, and individuals concerned in accordance with the customs legislation;
c) returned to the person who asked to pause to do customs guarantee amount left after having done the compensation obligation and pay the costs specified in point b of this paragraph. "
30. Article 220 is amended and supplemented as follows: "article 220. Transitional provisions 1. Copyright and related rights are protected under the provisions of the laws in force before the day this law is in effect, if the longer term of protection on the date this law take effect shall be further protected by the provisions of this law.
2. The application of copyright and related rights, patents, utility solutions, industrial designs, trademarks, designations of origin of goods, design layouts, plant varieties that have been submitted to the competent authority before the date of effect of this Law was further processed according to the provisions of the laws in force at the time of filing.
3. all rights and obligations according to the degree of protection to be granted under the provisions of the law in force before the day this Act is in effect and the procedures to maintain, renew, modify, discontinue, cancel the effect, the transfer of rights of use, transfer of ownership, disputes relating to the degree of protection that is applied under the provisions of this law except the base cancel text effect by protectionism, then apply the legal provisions in force with regard to the review of the level of protection to that degree. This provision is also applicable to the decision to register the appellation of origin of the goods issued by legal provisions in force before the day this Act is in effect; the State Agency on industrial property rights implementation procedure of certification of registered geographical indications with regard to the origin of the goods.
4. Trade secrets and commercial names that already exist and are protected by Decree No. 54/2000/ND-CP dated 3 October 2000 from the Government for the protection of industrial property rights with regard to business secrets, geographical indications, trade names and rights-protection against unfair competition in relation to industrial property continued to be protected under the provisions of the law This time.
5. Since the day this law is in effect, the geographical indications, including geographical indications are protected under Decree stipulated in clause 4 of this protection only after it has been registered under the provisions of this Act. "2.
Replace the phrase "Ministry of culture and information" by the phrase "the Ministry of culture, sports and tourism" in item 2, 3 and 5 article 11, paragraph 2, point a article 50, paragraph 4 Article 51 of the law on intellectual property, number 50/2005/QH11.
Article 3.
1. This Act has effect from January 1, 2010.
2. Government regulations and detailed guidelines for implementing the article, account assigned in law; Guide to the essential content of this law in order to meet the requirements of governance.
This law was the National Assembly of the Socialist Republic of Vietnam XII, 5 session through June 19, 2009./.