Intellectual Property
Trademarks
As only registered trademarks are recognized in Vietnam, it is very important for trademark owners to register their marks. Vietnam has a well organized national trademark registration system. In Vietnam, the responsibility for conferring rights of ownership of trademarks and other industrial property rights (and part of the responsibility for enforcing such rights) lies with the National Office of Industrial Property ("NOIP") under the Ministry of Science, Technology and the Environment ("MOSTE"). Vietnam is a member of the World Intellectual Property Organization (WIPO), the Paris Convention for the Protection of Industrial Property, the Patent and Cooperation Treaty, and the Madrid Agreement Concerning the International Registration of Marks.
Copyright
The Civil Code of the Socialist Republic of Vietnam ("Civil Code") contains 35 articles on copyright. In addition to issuing a detailed decree in regard to copyright, the Vietnamese Government signed the Agreement on the Establishment of Copyright Relations with the Government of the United States of America ("Copyright Agreement"). The Copyright Agreement entered into effect on December 23, 1998.
Technology Transfer
Vietnam imposes specific regulatory requirements on the transfer of technology. The concept of technology transfer is defined very broadly and includes the sales and licenses of:
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Objects of industrial property (patents, utility solutions, industrial designs)
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Know-how
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Technical services and information in connection with the technology transferred
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Solutions for rationalizing production
Furthermore, technology transfer contracts must, unless approval is obtained, contain a number of mandatory contractual terms. At the same time, the relevant regulations prohibit technology transfer contracts from containing certain terms such as:
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Restrictions on the use of technology by the Vietnamese party after the expiry of the contract
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Restrictions on the ability of the Vietnamese party to source parts or products which are not necessary to maintain the quality of the transferee's products from other entities
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Restrictions on the ability of the Vietnamese party to export any products created with the transferred technology to territories where the transferor does not already have exclusive licenses
Almost all transfers of technology from abroad are subject to the approval of the MOSTE. The MPI also reviews transfers of technology in relation to foreign investment enterprises where the technology is being contributed as part of the capital.