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