VIETNAM: SURVEY OF INTERNATIONAL TECHNICAL

UNCLAS SECTION 01 OF 04 HANOI 002893 SIPDIS STATE ALSO PASS USTR BURCKY/ALVAREZ AND BRYAN STATE ALSO PASS USPTO FOR URBAN STATE ALSO PASS LIBRARY OF CONGRESS FOR TEPP STATE ALSO PASS USAID USDA FOR FAS/FAA/AO HUETE USDOC FOR LASHLEY AND 4431/MAC/AP/OKSA/HPPHO USDOC ALSO FOR ITA/TD/OTEA/JJANICKE AND ITA/TD/SIF/CMUIR PHNOM PENH FOR AID E.O. 12958: N/A TAGS: KIPR ETRD EAID ECON VN IPROP SUBJECT: VIETNAM: SURVEY OF INTERNATIONAL TECHNICAL UNCLASSIFIED PAGE 02 HANOI 02893 01 OF 04 041111Z ASSITANCE ON INTELLECTUAL PROPERTY RIGHTS ¶1. OVER THE PAST FEW YEARS VIETNAM HAS PUT IN PLACE THE LEGAL FRAMEWORK NECESSARY TO PROVIDE BASIC PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS. HOWEVER, AT THE SAME TIME, IT HAS DEMONSTRATED A SERIOUS LACK OF ABILITY TO ENFORCE THE REGULATIONS IT HAS IN PLACE. INTERNATIONAL DONORS HAVE RECOGNIZED VIETNAM'S LOW LEVEL OF CAPACITY IN THIS AREA AND HAVE RESPONDED WITH SIGNIFICANT TECHNICAL ASSISTANCE PROGRAMS. THE UNITED STATES, JAPAN AND SWITZERLAND ARE PROVIDING THE MOST SIGNIFICANT TECHNICAL ASSISTANCE TO VIETNAM IN THE AREA OF IPR. THIS CABLE IS INTENDED TO PROVIDE READERS WITH A BROAD PICTURE OF THE LEVEL AND TYPES OF ASSISTANCE THE GVN IS RECEIVING TO ENHANCE ITS ABILITY TO PROTECT INTELLECTUAL PROPERTY RIGHTS. -------------- USG ASSISTANCE -------------- ¶2. THE USG IS PROVIDING SIGNIFICANT TECHNICAL ASSISTANCE TO HELP THE GVN IMPLEMENT THE MEASURES NECESSARY TO COMPLY WITH THE GVN'S OBLIGATIONS UNDER BOTH THE 1997 COPYRIGHT AGREEMENT WITH THE U.S. AND THE U.S. - VIETNAM BILATERAL TRADE AGREEMENT (WHICH CAME INTO FORCE DECEMBER 10, 2001). THE USG IS PROVIDING ASSISTANCE THROUGH A VARIETY OF SOURCES INCLUDING THE SUPPORT FOR TRADE ACCELERATION (STAR) PROJECT (THE USAID-FUNDED TECHNICAL ASSISTANCE PROGRAM TO ASSIST THE GVN IMPLEMENT THE BTA),THE U.S. VIETNAM TRADE COUNCIL (USVTC),AND THE PUBLIC AFFAIRS SECTION (PAS) OF THE EMBASSY. UNCLASSIFIED PAGE 03 HANOI 02893 01 OF 04 041111Z ¶3. THE STAR PROJECT, A THREE-YEAR, USD 8 MILLION DOLLAR PROGRAM WILL SPEND AN ESTIMATED ONE-FIFTH TO ONE-FOURTH OF ITS RESOURCES OVER THE LIFE OF THE PROJECT TO ASSIST THE GVN REFORM ITS IPR REGIME. ONE OF STAR'S TOP IPR TECHNICAL ASSISTANCE PRIORITIES IS TO ASSIST THE GVN REVISE TWO KEY PIECES OF LEGISLATION: THE CIVIL CODE (PART IV ESTABLISHES THE LEGAL BASIS FOR IP PROTECTION IN VIETNAM) AND THE CIVIL PROCEDURE CODE (WHICH AFFECTS ADMINISTERING OF TRIPS AND ALL OTHER IP REQUIREMENTS). STAR'S OTHER PRINCIPLE OBJECTIVE IS TO HELP THE GVN PREPARE TO ACCEDE TO SEVERAL INTERNATIONAL IPR CONVENTIONS. THE FOLLOWING ARE IPR-RELATED PROJECTS THAT STAR HAS COMPLETED RECENTLY OR WILL COMPLETE IN THE COMING YEAR IN VIETNAM: -- IN AUGUST 2002, STAR SUPPORTED A ONE-DAY WORKSHOP HOSTED BY THE SUPREME PEOPLE'S COURT (SPC) TO REVIEW IMPLICATIONS OF THE BTA AND WTO FOR THE DEVELOPMENT OF THE NEW CIVIL PROCEDURE CODE. THE IP CHAPTER OF THE BTA ESTABLISHES A NUMBER OF STANDARDS FOR COURT PROCEDURES THAT WILL NEED TO BE INCLUDED IN THE NEW CIVIL PROCEDURE CODE. -- IN OCTOBER 2002, STAR SUPPORTED THE SPC IN ORGANIZING AN IP-TRAINING PROGRAM IN HO CHI MINH CITY (HCMC) FOR AROUND 80 JUDGES AND SENIOR LEGAL OFFICIALS. -- IN OCTOBER 2002, STAR AND THE INTERNATIONAL INTELLECTUAL PROPERTY INSTITUTE (IIPI),IN CONJUNCTION WITH NATIONAL OFFICE OF INDUSTRIAL PROPERTY (NOIP),PART OF THE MINISTRY OF SCIENCE AND TECHNOLOGY (MOST),HOSTED MAJOR IP SEMINARS IN HANOI AND HCMC WHICH PROVIDED A THOROUGH OVERVIEW OF THE UNCLASSIFIED PAGE 04 HANOI 02893 01 OF 04 041111Z LEGAL AND ENFORCEMENT REQUIREMENTS FOR COMPLIANCE WITH WTO- TRIPS. -- STAR IS WORKING WITH THE COPYRIGHT OFFICE OF VIETNAM TO SUPPORT THE DEVELOPMENT OF NEW REGULATIONS ON OPTICAL DISC PRODUCTION. -- STAR IS WORKING WITH THE MINISTRY OF JUSTICE, THE COPYRIGHT OFFICE AND OTHER GOVERNMENT AGENCIES TO DEVELOP A SUPPORT PROGRAM FOR AMENDING PART VI OF THE CIVIL CODE TO CONFORM TO BTA REQUIREMENTS. -- STAR IS DEVELOPING A PROGRAM WITH THE COPYRIGHT OFFICE TO SUPPORT VIETNAM'S ACCESSION TO THREE INTERNATIONAL COPYRIGHT AND NEIGHBORING RIGHTS CONVENTIONS REQUIRED BY THE BTA. STAR HAS ALSO BEGUN TO DEVELOP A PROGRAM WITH THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT TO SUPPORT THE ACCESSION PROCESS FOR THE INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS (UPOV CONVENTION). -- STAR WILL SUPPORT A STUDY TOUR FOR SPC OFFICIALS TO GO TO THAILAND IN DECEMBER 2002 IN ORDER TO LEARN MORE ABOUT THAILAND'S SPECIALIZED COURT FOR INTERNATIONAL TRADE AND NOTE: POSSIBLE MISSING ADM AID OR AIDAC CAPTION. UNCLASSIFIED UNCLASSIFIED PTQ4171 PAGE 01 HANOI 02893 02 OF 04 041112Z ACTION STR-00 INFO LOG-00 AID-00 CIAE-00 CTME-00 DODE-00 EAP-00 EB-00 E-00 UTED-00 VC-00 FRB-00 H-01 TEDE-00 INR-00 ITC-01 VCE-00 AC-01 NSAE-00 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SVC-00 TEST-00 TRSE-00 USIE-00 G-00 SAS-00 /005W -------------- 1271A1 041112Z /40 P 040736Z DEC 02 FM AMEMBASSY HANOI TO SECSTATE WASHDC PRIORITY 8263 INFO AMCONSUL HO CHI MINH CITY AMEMBASSY PHNOM PENH USDOC WASHDC UNCLAS SECTION 02 OF 04 HANOI 002893 SIPDIS STATE ALSO PASS USTR BURCKY/ALVAREZ AND BRYAN STATE ALSO PASS USPTO FOR URBAN STATE ALSO PASS LIBRARY OF CONGRESS FOR TEPP STATE ALSO PASS USAID USDA FOR FAS/FAA/AO HUETE USDOC FOR LASHLEY AND 4431/MAC/AP/OKSA/HPPHO USDOC ALSO FOR ITA/TD/OTEA/JJANICKE AND ITA/TD/SIF/CMUIR PHNOM PENH FOR AID UNCLASSIFIED PAGE 02 HANOI 02893 02 OF 04 041112Z ASSITANCE ON INTELLECTUAL PROPERTY RIGHTS INTELLECTUAL PROPERTY. -- THE COPYRIGHT OFFICE HAS REQUESTED STAR SUPPORT THE DEVELOPMENT AND PUBLICATION OF A TECHNICAL GUIDEBOOK ON COPYRIGHT ISSUES. ¶4. THE U.S. VIETNAM TRADE COUNCIL HAS A USD 745,000 ONE-YEAR GRANT FROM USAID TO PROVIDE TECHNICAL ASSISTANCE IN SUPPORT OF VIETNAM'S IMPLEMENTATION OF THE BILATERAL TRADE AGREEMENT. IN 2003, APPROXIMATELY ONE-SIXTH OF THOSE FUNDS WILL SUPPORT PROGRAMS RELATED TO IPR. USVTC IPR-RELATED PROGRAMS INCLUDE: -- FROM 1997 TO 2001 USVTC SPONSORED SEVERAL GVN OFFICIALS ATTENDANCE AT THE U.S. PATENT AND TRADEMARK OFFICE'S ANNUAL VISITING SCHOLARS AND INTELLECTUAL PROPERTY ENFORCEMENT PROGRAMS IN WASHINGTON, D.C. -- IN APRIL 2003, USVTC WILL SPONSOR A STUDY MISSION TO THE U.S., FOCUSING ON ENFORCEMENT OF KEY INTELLECTUAL PROPERTY RIGHTS. PARTICIPANTS IN THE STUDY MISSION WILL INCLUDE OFFICIALS FROM COV, NOIP, CUSTOMS AND THE OFFICE OF THE GOVERNMENT. THE MAIN OBJECTIVES OF THE MISSION WILL BE TO STUDY THE ENFORCEMENT RIGHTS CREATED IN THE TRIPS AGREEMENT (AND RELATED IP TREATIES) AND TO FOSTER A BILATERAL DIALOGUE ON INTELLECTUAL PROPERTY RIGHTS ISSUE. -- USVTC HAS ALSO PROPOSED SENDING OFFICIALS THAT PARTICIPATE IN THE IPR STUDY MISSION TO THE U.S. ON FOLLOW- UNCLASSIFIED PAGE 03 HANOI 02893 02 OF 04 041112Z UP VISITS TO ASEAN COUNTRIES THAT HAVE HAD SUCCESS IN SPECIFIC AREAS RELATING TO INTELLECTUAL PROPERTY ENFORCEMENT. ¶5. IN ADDITION, THE PUBLIC AFFAIRS SECTION (PAS) OF THE EMBASSY HAS NOMINATED FOUR GVN OFFICIALS FROM THE SUPREME PEOPLE'S COURT, THE OFFICE OF THE GOVERNMENT, CUSTOMS AND THE HCMC DEPARTMENT OF SCIENCE AND TECHNOLOGY TO PARTICIPATE IN AN INTERNATIONAL VISITOR'S PROGRAM FOCUSED ON IPR IN FEBRUARY 2003. -------------- JAPAN -------------- ¶6. THE JAPANESE, THROUGH THE JAPAN INTERNATIONAL COOPERATION AGENCY (JICA),HAVE A THREE-YEAR TECHNICAL ASSISTANCE PROGRAM CALLED THE MODERNIZATION OF INDUSTRIAL PROPERTY PROJECT (MOIPA) THAT BEGAN IN APRIL 2000 AND IS SCHEDULED TO CONCLUDE IN MARCH 2003. THE OBJECTIVE OF THE PROJECT IS TO IMPROVE NOIP'S ABILITY TO PROCESS INDUSTRIAL PROPERTY APPLICATIONS THROUGH ALL STAGES -- FROM THE FILING OF THE APPLICATION TO ISSUANCE OF THE FINAL DECISION TO GRANT PROTECTION TITLES. NOIP CURRENTLY PROCESSES APPROXIMATELY 5000 IP (PATENT, TRADEMARK AND OTHER) APPLICATIONS A YEAR AND THE DEMAND IS GROWING ABOUT 10 PERCENT A YEAR. ¶7. THE INITIAL STAGES OF THE PROJECT WERE DEDICATED TO IMPROVING NOIP'S TECHNOLOGICAL CAPABILITIES. ABOUT 40 PERCENT OF THE PROJECT'S BUDGET HAS BEEN DEDICATED TO HARDWARE PURCHASES AND SOFTWARE DEVELOPMENT. JICA HAS UNCLASSIFIED PAGE 04 HANOI 02893 02 OF 04 041112Z PROVIDED NOIP WITH 56 COMPUTERS, 5 SERVERS, 56 BARCODE READERS, 7 SCANNERS, 35 PRINTERS, A GENERATOR AND OTHER HARDWARE. THE TOTAL COST OF THE EQUIPMENT PROVIDED IN FY 2000 AND 2001 WAS SLIGHTLY MORE THAN USD 1 MILLION. (N.B. PRIOR TO INITIATION OF THE JICA PROJECT, NOIP HAD A FEW OLD STAND-ALONE COMPUTERS IN WHICH THEY ENTERED ALL INDUSTRIAL PROPERTY APPLICATION DATA). ACCORDING TO JICA, ALL OF THE COMPUTER EQUIPMENT WAS PURCHASED IN VIETNAM AND THE SOFTWARE IS ALSO BEING DEVELOPED DOMESTICALLY. ¶8. JICA HAS FOUR LONG-TERM RESIDENT ADVISORS FROM THE JAPANESE PATENT OFFICE IN NOIP OVERSEEING IMPLEMENTATION OF THE PROJECT AND PROVIDING TECHNICAL SUPPORT, BOTH IN ADMINISTERING THE NEW SYSTEM AND IN UNDERSTANDING THE NEW TECHNOLOGIES. JICA ALSO PERIODICALLY SENDS ADDITIONAL SHORT- TERM ADVISORS TO VIETNAM. FINALLY, JICA SENDS AT LEAST 4- 5 NOIP OFFICIALS TO JAPAN FOR TRAINING EACH YEAR. -------------- SWITZERLAND -------------- ¶9. THE SWISS HAVE A TWO-YEAR, USD 1.8 MILLION PROJECT NOTE: POSSIBLE MISSING ADM AID OR AIDAC CAPTION. UNCLASSIFIED UNCLASSIFIED PTQ4172 PAGE 01 HANOI 02893 03 OF 04 041113Z ACTION STR-00 INFO LOG-00 AID-00 CIAE-00 CTME-00 DODE-00 EAP-00 EB-00 E-00 UTED-00 VC-00 FRB-00 H-01 TEDE-00 INR-00 ITC-01 VCE-00 AC-01 NSAE-00 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SVC-00 TEST-00 TRSE-00 USIE-00 G-00 SAS-00 /005W -------------- 1271AC 041113Z /40 P 040736Z DEC 02 FM AMEMBASSY HANOI TO SECSTATE WASHDC PRIORITY 8264 INFO AMCONSUL HO CHI MINH CITY AMEMBASSY PHNOM PENH USDOC WASHDC UNCLAS SECTION 03 OF 04 HANOI 002893 SIPDIS STATE ALSO PASS USTR BURCKY/ALVAREZ AND BRYAN STATE ALSO PASS USPTO FOR URBAN STATE ALSO PASS LIBRARY OF CONGRESS FOR TEPP STATE ALSO PASS USAID USDA FOR FAS/FAA/AO HUETE USDOC FOR LASHLEY AND 4431/MAC/AP/OKSA/HPPHO USDOC ALSO FOR ITA/TD/OTEA/JJANICKE AND ITA/TD/SIF/CMUIR PHNOM PENH FOR AID UNCLASSIFIED PAGE 02 HANOI 02893 03 OF 04 041113Z ASSITANCE ON INTELLECTUAL PROPERTY RIGHTS ENTITLED SPECIAL PROGRAM OF COOPERATION IN THE FIELD OF INTELLECTUAL PROPERTY. THE SWISS STATE SECRETARIAT FOR ECONOMIC AFFAIRS (SECO) OVERSEES THE PROJECT, WHICH IS BEING IMPLEMENTED BY THE SWISS FEDERAL INSTITUTE OF INTELLECTUAL PROPERTY WITH NOIP. THIS IS THE FIRST TIME THAT SWITZERLAND HAS SUPPORTED A PARTNER COUNTRY WITH A COMPREHENSIVE PROGRAM SPECIFICALLY IN THE FIELD OF INTELLECTUAL PROPERTY ON A BILATERAL BASIS. THE THREE SPECIFIC OBJECTIVES OF THE PROJECT ARE: 1) TO ASSIST THE GVN MODERNIZE ITS IP SYSTEM INCLUDING THE LEGAL FRAMEWORK, THE ENFORCEMENT SYSTEM, AND THE CAPACITIES OF NATIONAL IP INFORMATION SYSTEMS; 2) TO PROVIDE TRAINING, SEMINARS AND STUDY TOURS TO IMPROVE THE SKILLS OF OFFICIALS WORKING ON IP; AND 3) TO PROMOTE AWARENESS AND RESPECT FOR IP AMONG LOCAL BUSINESSES AND CONSUMERS. ¶10. THE SWISS HAVE COMPLETED OR PLAN TO UNDERTAKE THE FOLLOWING TECHNICAL ASSISTANCE PROJECTS: -- SECO HAS TRANSLATED THE VARIOUS INTERNATIONAL IP CONVENTIONS AND TREATIES INTO VIETNAMESE. THEY PUBLISHED ONE BOUND VERSION THAT INCLUDES ALL THE RELEVANT TREATIES AND ONE THAT CONTAINS THE EXECUTIVE SUMMARY OF EACH TREATY. -- SECO CONDUCTED SEMINARS IN 2001 AND 2002 ON THE VARIOUS INTERNATIONAL IPR TREATIES AND CONVENTIONS IN HANOI AND HCMC. -- IN 2002, SECO CONDUCTED A STUDY TOUR FOR 10 NOIP UNCLASSIFIED PAGE 03 HANOI 02893 03 OF 04 041113Z OFFICIALS TO SWITZERLAND TO STUDY UNFAIR COMPETITION, TRADE NAMES AND GEOGRAPHICAL INDICATORS. -- SECO ESTABLISHED A LIBRARY WITH VARIOUS IP-RELATED MATERIALS AT NOIP. WILL CONTINUE TO ADD MATERIALS TO THE LIBRARY THROUGHOUT THE LIFE OF THE PROJECT. -- IN OCTOBER-NOVEMBER 2002 A SWISS EXPERT TRAVELED TO VIETNAM ON A FACT-FINDING MISSION TO SUPPORT THE PROPOSAL TO ESTABLISH NOIP BRANCH OFFICES IN THE PROVINCES. -- SECO PLANS TO PROVIDE SPECIFIC IP-RELATED TRAINING FOR JUDGES, NOIP OFFICIALS AND COV OFFICIALS IN THE COMING YEAR. -- SECO WILL SOON CONDUCT AN EXPERT MISSION TO VIETNAM TO RESEARCH AND PREPARE A PROPOSAL, IN CONJUNCTION WITH NOIP AND COV, ON VIETNAM'S ACCESSION TO INTERNATIONAL IP AGREEMENTS AND CONVENTIONS. -------------- EUROPEAN UNION -------------- ¶11. THE EUROPEAN UNION PROVIDES TECHNICAL ASSISTANCE ON IPR ON A REGIONAL BASIS THROUGH THE EC-ASEAN INTELLECTUAL PROPERTY RIGHTS CO-OPERATION PROGRAMME (ECAP II). THE EU HAS PUT TOGETHER A FRAMEWORK OF PROGRAM OBJECTIVES AND ACTIVITIES FOR THE VIETNAM COMPONENT OF ECAP II, BUT IMPLEMENTATION HAS NOT YET BEGUN. EU HEADQUARTERS IN BRUSSELS HAS ASKED THE EU MISSION IN HANOI TO RE-EVALUATE, AND POSSIBLY REDESIGN, THE PROJECT TO ENSURE PARITY WITH UNCLASSIFIED PAGE 04 HANOI 02893 03 OF 04 041113Z ECAP II PROGRAMS IN CAMBODIA AND LAOS. THE EU MISSION IN HANOI HAS ASKED BRUSSELS TO RECONSIDER THAT DECISION SO THAT THEY CAN SOON BEGIN IMPLEMENTATION OF THE PROJECT. ¶12. IF THE ECAP II PROGRAMS IN VIETNAM MOVE FORWARD AS PLANNED, THE PRINCIPLE ACTIVITIES WILL INCLUDE: -- APPRAISAL OF IP-RELATED LEGISLATION AND REGULATIONS; -- COOPERATION WITH THE COGNAC INDUSTRY TO IMPROVE ENFORCEMENT OF APPELLATIONS OF ORIGIN AND GEOGRAPHIC INDICATIONS; -- THREE ANNUAL IP SEMINARS; -- SHORT-TERM TRAINING FOR JUDGES IN HANOI AND HCMC AND LONG-TERM TRAINING FOR FOUR JUDGES IN THE EU; -- SUPPORT FOR IP PROFESSIONALS ATTENDANCE AT INTERNATIONAL EVENTS; -- PROVISION OF TEXTBOOKS AND PERIODICALS TO JUDGES CHAMBERS IN HANOI AND HCMC; AND NOTE: POSSIBLE MISSING ADM AID OR AIDAC CAPTION. UNCLASSIFIED UNCLASSIFIED PTQ4173 PAGE 01 HANOI 02893 04 OF 04 041113Z ACTION STR-00 INFO LOG-00 AID-00 CIAE-00 CTME-00 DODE-00 EAP-00 EB-00 E-00 UTED-00 VC-00 FRB-00 H-01 TEDE-00 INR-00 ITC-01 VCE-00 AC-01 NSAE-00 OMB-01 OPIC-01 ACE-00 SP-00 SSO-00 SVC-00 TEST-00 TRSE-00 USIE-00 G-00 SAS-00 /005W -------------- 1271B3 041113Z /40 P 040736Z DEC 02 FM AMEMBASSY HANOI TO SECSTATE WASHDC PRIORITY 8265 INFO AMCONSUL HO CHI MINH CITY AMEMBASSY PHNOM PENH USDOC WASHDC UNCLAS SECTION 04 OF 04 HANOI 002893 SIPDIS STATE ALSO PASS USTR BURCKY/ALVAREZ AND BRYAN STATE ALSO PASS USPTO FOR URBAN STATE ALSO PASS LIBRARY OF CONGRESS FOR TEPP STATE ALSO PASS USAID USDA FOR FAS/FAA/AO HUETE USDOC FOR LASHLEY AND 4431/MAC/AP/OKSA/HPPHO USDOC ALSO FOR ITA/TD/OTEA/JJANICKE AND ITA/TD/SIF/CMUIR PHNOM PENH FOR AID UNCLASSIFIED PAGE 02 HANOI 02893 04 OF 04 041113Z ASSITANCE ON INTELLECTUAL PROPERTY RIGHTS -- PUBLIC AWARENESS ACTIVITIES. BURGHARDT NOTE: POSSIBLE MISSING ADM AID OR AIDAC CAPTION. UNCLASSIFIED