Soviet Legacy of Vietnam's Intellectual Property Law: Big Brother is (No Longer) Watching You

Q3 Social Sciences

Asian Journal of Comparative Law Pub Date : 2023-10-23 DOI:10.1017/asjcl.2023.31

Van Anh Le

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Abstract

Abstract How did intellectual property (IP), a private right born out of European Enlightenment ideals, take root in Vietnam's socialist legal framework, and what influence does Vietnam's Soviet legacy still have on its IP law? The clandestine triumph of IP rights in Vietnam is remarkable, given the system's former propensity for collective ownership and limited private property rights. Vietnam's approach to IP rights has changed with economic liberalisation: while external pressure prompted the initial adoption of IP laws, national interest and global reputation enhancement are now driving the effort. At the height of communism in the 1980s and under Soviet domination, IP laws reflected socialist ideology and the characteristics of a command economy. Amid Vietnam's quest for technological advancement, the importance of patents has grown. However, public perceptions of the unreliability of the legal system to resolve IP disputes persist, pushing civil disputes towards the government rather than the judiciary. As Vietnam opened economically, its IP regime moved away from overt communism, but communist values are still implicitly incorporated in general principles. Today, adherence to free trade agreements, which require robust IP protection, is driving the modernisation of Vietnam's IP infrastructure.

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越南知识产权法的苏联遗产:老大哥(不再)监视你

知识产权是一种源于欧洲启蒙思想的私人权利，它是如何在越南的社会主义法律框架中扎根的?越南的苏联遗产对其知识产权法律仍有什么影响?考虑到越南以前的制度倾向于集体所有制和有限的私有产权，知识产权在越南的秘密胜利是值得注意的。随着经济自由化，越南对待知识产权的方式发生了变化:虽然外部压力促使越南最初通过了知识产权法，但目前推动这一努力的是国家利益和提高全球声誉。在上世纪80年代共产主义鼎盛时期和苏联统治下，知识产权法反映了社会主义意识形态和计划经济的特点。在越南寻求技术进步的过程中，专利的重要性越来越大。然而，公众对解决知识产权纠纷的法律体系不可靠的看法持续存在，将民事纠纷推向政府，而不是司法机构。随着越南经济的开放，其知识产权制度远离了公开的共产主义，但共产主义价值观仍然隐含在一般原则中。如今，遵守要求强有力的知识产权保护的自由贸易协定，正在推动越南知识产权基础设施的现代化。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Asian Journal of Comparative Law Social Sciences-Law

CiteScore

1.00

自引率

0.00%

发文量

期刊介绍： The Asian Journal of Comparative Law (AsJCL) is the leading forum for research and discussion of the law and legal systems of Asia. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to one or more Asian legal systems, as well as work that compares one or more Asian legal systems with non-Asian systems. The Journal seeks articles which display an intimate knowledge of Asian legal systems, and thus provide a window into the way they work in practice. The AsJCL is an initiative of the Asian Law Institute (ASLI), an association established by thirteen leading law schools in Asia and with a rapidly expanding membership base across Asia and in other regions around the world.