Promoting the transformation of growth model based on science, technology and innovation in Vietnam from the practice of IP protection by criminal law

Abstract

The paper attempts to clarify the
relationship between the Criminal Code and
Intellectual Property (IP) Law in determining
whether an IP infringement is a crime. The results
show that the determination of an IP crime as
specified in 2015 Criminal Code (amended in 2017) is
yet to reflect the connotation of IP as specified in
2005 IP Law (amended in 2009). This practice
requires a supplement of “the plant breeders’ rights”
for a comprehensive protection of IP. This
requirement is of significance in creating a
motivation for creative activities which contribute to
the shift to technology-based growth model,
innovation and creativity in Vietnam.