NOIP: Challenges and Strategies IPRTA forum Mexico City, July 9-11, 2008 Pham Phi Anh Deputy Director General National Office of Intellectual Property of Vietnam (NOIP)

Contents Viet Nam’s IP system: before and after 1995 Challenges; Strategies and measures.

Viet Nam’s IP system before 1995  Poor infrastructure of IP;  Undeveloped IP administration and weak enforcement systems;  Inefficient and patchwork IP legal framework;  Insufficient awareness of IP.

Viet Nam’s IP system NOIP - before 1995 Legal framework:  1982: Decree No. 197/HDBT on Regulation on Trademarks;  1988 : two Decrees on Regulations on Industrial designs, utility solutions, licensing.  1989 : Decree on Regulation on licensing. International Relations:  WIPO: member of Paris convention, Madrid Agreement;  Bilateral: very limited.

Director General Legislation & Management Div. Invention & Utility Solution Div Trademark & Industrial Designs Div. Patent Information & Documentation Div. Administrative Affairs Division Viet Nam’s IP system NOIP - before 1995 National Office of Intellectual Property of Viet Nam (NOIP):  Established in 1982 by the Council of Ministers;  27 staff;  5 Divisions.

Viet Nam’s IP system in 1995:  filed application for WTO accession;  reformed and modernized the IP system to meet requirements of TRIPS.

Viet Nam’s IP system After 1995 IP Policies toward WTO/TRIPS:  Develop and improve the infrastructure of IP system, focusing on issues of legal framework, human resources, automation, enforcement;  Enhance the effectiveness of IP system; make IP protection system meet the practical requirements and international standards  Ensure a balanced IP system, balance between right holders and the public;

Viet Nam’s IP system After 1995 IP Policies toward WTO/TRIPS:  Encourage and promote creative activities and enhance IPRs protection;  Raise public awareness of IPRs;

Viet Nam’s IP system - After 1995 Legal framework Established an IP legal framework complying with TRIPS:  Civil code and Civil procedure code;  Intellectual Property Law (2005) covers all fields of IP, including copyright, industrial property rights, and plan variety rights and protection of such rights;  Government Decrees implementing IP Law;  Other related laws: criminal code, customs law, competition law.

Viet Nam’s IP system - After 1995 IP administration Improved IP administration system:  National Office of Intellectual Property: responsible for industrial property and for coordinating IP-related activities, in general.  Copyright Office of Vietnam: responsible for copyright and related rights;  Plant Variety Office: responsible for plant varieties.

Viet Nam’s IP system - After 1995 IP administration NOIP:  Staff: 270;  19 Divisions, including two branch offices in HCM City and Da Nang City;

Viet Nam’s IP system - After 1995 IP enforcement system Improved and enhanced effectiveness of IP enforcement system:  The People's Courts;  The Specialized Inspectorates;  The Market Control Forces;  The Customs Offices;  The Economic Polices;  The People’s Committees (provincial and district levels).

Viet Nam’s IP system - After 1995 Public Awareness Created and enhanced awareness of IPRs:  Awareness campaigns, seminars, workshops;  Supported and developed IP services at NOIP, as well as Patent Attorney systems.

Viet Nam’s IP system - After 1995 International International treaties:  WIPO convention;  Paris convention;  Patent Cooperation Treaty;  Madrid Agreement and Protocol;  Berne Convention;  Brussels Convention;  Rome Convention;  UPOV;

Viet Nam’s IP system - After 1995 International Cooperation with:  ASEAN, APEC, WIPO, EPO, WTO …  Australia, China, Denmark, EU, Japan, Switzerland, the U.S …

Viet Nam’s IP system - After 1995 Full membership of WTO on 11 Jan. 2007

Viet Nam’s IP system - After 1995 Opportunities:  More attention on IP paid by the Government and the society;  Good conditions for Viet Nam and NOIP to develop an effective and modern IP system which is a crucial driving-force for socio- economic development in the economic integration ;  Close and effective bilateral and multilateral cooperation in IP’s fields.

Challenges Challenges:  WTO’s commitment and obligations;  Backlog of applications (increased applications and time-limited examination);  Lack of human resources (examiners, legal experts);  Low public awareness;  Inadequate IPR enforcement.

Strategies and measures Establishing an adequate legal system for appropriate and effective protection of IPR to meet international standards; Developing NOIP to be a modern, efficient and friendly Office:  Facilitating the process of registration for IP;  Promoting automation process and introducing e-filing system;  Recruiting and training staff;  Develop an effective IP information system to meet needs of research and enforcement.

Strategies and measures Enhance the effectiveness of enforcement systems:  Established the State Committee on anti-trafficking, counterfeit goods and trade fraud (under the direction of a Deputy PM);  Established the Post-WTO National Action Program to implement WTO commitments;  Towarding the establishment of IP courts.

Strategies and measures Developing human resources to promote the creation of IP assets in R&D institutions and enterprises, and to enhance commercial exploitation of those assets;

Strategies and measures Raising public awareness of IP;  Disseminating knowledge to strengthen public respect of IP and encourage creation of IPRs assets;  Promoting IP teaching in universities;  IP awareness campaigns.

Strategies and measures Strengthening international cooperation.

Some statistics

Organizational Structure

National Office of Intellectual Property of Viet Nam (NOIP) 386 Nguyen Trai str., Thanh Xuan Dist., Hanoi, Vietnam Tel: (84-4) Fax: (84-4) Website:

Thank you for your attention!