Research Handbook on Cross-border Enforcement of Intellectual Property
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Research Handbook on Cross-border Enforcement of Intellectual Property

  • Research Handbooks in Intellectual Property series

Edited by Paul Torremans

The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enforcement of intellectual property primarily from a cross-border perspective. Infringement remains a problematic issue for emerging economies and so the book assesses some of the enforcement structures in a selection of these countries, as well as cross-border enforcement from a private international law perspective. Finally, the book offers a unique insight into the roles played by judges and arbitrators involved in cross-border intellectual property dispute resolution.
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Chapter 5: Enforcement of intellectual property rights in Vietnam

Nguyễn Hồ Bích Hằng

Extract

In comparison with other laws in the legal system of Vietnam it is easy to see that the Law on Intellectual Property 2005 of Vietnam is a new law, as it has recently been enacted. Nevertheless, the importance of the role of the Law on Intellectual Property 2005 is undeniable in the context of the development of Vietnam. In particular, the Law on Intellectual Property has established a foundation for copyrights, industrial property rights, and for plant varieties in Vietnam. The Law on Intellectual Property 2005 has started the process of raising people's awareness of intellectual property rights and their importance. However, enforcement of intellectual property rights in Vietnam is still a long and ongoing story that needs a lot of effort from the whole of society, including law and policy makers, the state and producers, as well as consumers. Intellectual property rights and their enforcement are necessary, not only because the innovation and creative activities they foster and protect are prerequisite elements for Vietnam to develop, but also because the vulnerable position of intellectual rights requires that they are protected. Vietnam became a member of the World Trade Organization (WTO) in 2007 and the protection of intellectual property rights has become more significant ever since. Enforcement of intellectual property rights therefore becomes an indispensable requirement that Vietnam has to deal with in order to attract foreign investors. In addition, an effective protection of intellectual property rights will help Vietnam boost trade relations with other countries.

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