HANOI NATIONAL UNIVERSITY
UNIVERSITY OF ECONOMICS
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NGO VAN GIANG
INTELLECTUAL PROPERTY PROTECTION IN VIETNAM
Major: Political Economy
Code: 60 31 01
MASTER'S THESIS SUMMARY IN POLITICAL ECONOMY
SCIENTIFIC INSTRUCTOR:
Assoc.Prof.Dr. Phi Manh Hong
Hanoi -2007
INDEX
Page
INTRODUCTION 1
CHAPTER 1. THEORETICAL AND PRACTICAL BASIS OF INTELLECTUAL PROPERTY RIGHTS IN MARKET ECONOMY AND INTEGRATION
INTERNATIONAL 8
1.1. The necessity of protecting intellectual property rights 8
1.1.1. Concept of intellectual property rights 8
1.1.2. Objective needs of intellectual property rights protection 12
1.1.3. Economic characteristics of intellectual property rights 14
1.2. Intellectual property rights in market economy and international integration 15
1.2.1. Impact of intellectual property rights on commercial activities 15
1.2.2. The impact of intellectual property rights on foreign direct investment and
technology transfer 16
1.2.3. Intellectual property rights and economic development 18
1.2.4. Intellectual property rights and income 19
1.2.5. Intellectual property rights and cultural development 20
1.2.6. Intellectual Property Rights and Globalization 21
1.3. Protection of intellectual property rights under international conventions and the TRIPs Agreement 22
1.3.1. Protection of intellectual property rights under international conventions 22
1.3.2. Protection of intellectual property rights under the TRIPs Agreement 24
1.3.2.1. Background of the TRIPs Agreement 24
1.3.2.2. Basic content of the TRIPs Agreement 26
1.3. Opportunities and challenges for developing countries
regarding intellectual property rights protection in the process of economic integration 31
international
CHAPTER 2. CURRENT STATE OF INTELLECTUAL PROTECTION IN VIETNAM 38
2.1. The Party and State's guidelines, policies and laws on
intellectual property protection38
2.1.1. Policies and laws related to protection standards and presentation
Procedures for establishing intellectual property rights 39
2.1.2. Policies and laws related to the enforcement of intellectual property rights 43
2.2. Status of enforcement of intellectual property rights protection 46
2.2.1. Registration for establishment of intellectual property rights 46
2.2.1.1. For industrial property rights 46
2.2.1.2. For copyright 52
2.2.2. Intellectual Property Rights Infringement 53
2.2.3. Situation of handling intellectual property rights infringement 59
2.3. General assessment of the implementation of intellectual property rights protection in Vietnam 62
2.3.1. Disadvantages 62
2.3.1.1. Regarding the content of policies and legal regulations 62
2.3.1.2. On the effectiveness of policy and law enforcement 65
2.3.2. Issues raised 73
CHAPTER 3. VIEWPOINTS AND SOLUTIONS ON RIGHTS PROTECTION
IP IN VIETNAM IN THE COMING TIME 78
3.1. Viewpoint 78
3.1.1. Intellectual property rights protection needs to be tightened in order to meet the 78
international standards, specifically the TRIPs Agreement
3.1.2. Ensuring the effectiveness and efficiency of the policy and legal system 79
law on intellectual property protection
3.1.3. Tightening the protection of intellectual property rights goes hand in hand with implementing policies and measures to facilitate effective exploitation.
opportunities and benefits created by intellectual property protection 80
3.1.4. Linking the issue of intellectual property rights protection with the protection of national interests,
serving the country's socio-economic development goals 82
3.2. Solutions 83
3.2.1. Perfecting the system of policies and laws on rights protection
IP towards compliance with the provisions of the TRIPs Agreement 83
3.2.2. Strengthening the effectiveness of enforcement of policies and laws on protection
intellectual property rights 85
3.2.2.1. Raising public awareness of intellectual property rights protection 86
3.2.2.2. Innovation and capacity building of enforcement agencies
intellectual property protection 89
3.2.2.3. Promoting international cooperation in the field of intellectual property rights 91
3.2.3. Exploiting the flexible provisions and exceptions of the Agreement
TRIPs serve development goals 92
CONCLUSION 97
REFERENCES 100
TABLE OF CONTENTS
Page
Box 1.1. Objects of industrial property rights 10
Box 1.2. Some typical conventions on intellectual property 22
Box 2.1. Situation of illegal use of computer software 55
Box 2.2. Weaknesses of the system of legal regulations on intellectual property 69
Box 2.3. Inefficiency in the operation of enforcement agencies
enforcement of intellectual property rights law 70
TABLE OF CONTENTS
Page
Table 2.1. Patent registration period 1995-2005 47
Table 2.2. Registration of utility solutions in the period 1995-2005 48
Table 2.3. Industrial design registration period 1995-2005 50
Table 2.4. Trademark registration in the period 1995-2005 51
Table 2.5. Number of copyright certificates granted in some years 53
Table 2.6. Rate of illegal software use in some countries
Asia-Pacific 2003-2004 55
Table 2.7. Complaints about infringement of industrial property rights 59
Table 2.8. Registration of intellectual property rights in the period 1995-2005 66
LIST OF ABBREVIATIONS
Abbreviation Full name
Intellectual Property
TRIPs Agreement on Trade-Related Aspects of Intellectual Property Rights
WTO World Trade Organization
FDI Foreign Direct Investment
WIPO World Intellectual Property Organization
NT National Treatment
MFN Most Favored Nation Treatment
PATENT Patent
DSB Dispute Settlement Body (of the World Trade Organization)
INTRODUCTION
1. The necessity of the research topic
It can be said that the history of human development is the history of knowledge development; today's civilization is the result of the process of accumulating and inheriting knowledge through the ages. Nowadays, countries around the world are increasingly aware of the value and importance of products created by human intelligence, so they have constantly made efforts to encourage creative activities and protect their achievements by many measures. Effective protection of intellectual property rights not only protects the legitimate interests of owners to promote creative research, production and business activities, but also contributes to improving the material and spiritual life of the whole society. For each country in the process of international integration, intellectual property rights protection not only meets the requirements of internal development, but also must comply with the standards stated in international treaties on intellectual property to which that country participates.
Vietnam is in the process of promoting the development of a market economy, deeply integrating into the world economy and moving towards a knowledge-based economy. The issue of intellectual property rights protection is increasingly concerned by the Party, the State, all levels, sectors and the whole society. Intellectual property rights protection is considered an important content of the policy of innovation, openness, development of a knowledge-based economy and building a socialist rule-of-law state. Considering the current context of Vietnam, it is possible to see the following notable issues:
- Firstly, after 20 years of innovation, the intellectual property protection system in Vietnam has been formed and gradually improved. In fact, although intellectual property protection has been tightened, it is still very loose. Vietnam is currently considered one of the countries with the highest level of intellectual property infringement in the world.
- Second, Vietnam is strongly developing a market economy and increasingly integrating deeply into the world economy, typically joining the WTO in November 2006. Within the framework of the WTO, the intellectual property rights protection system of