ANNEX 1

TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE SWISS FEDERAL COUNCIL ON THE PROTECTION OF INTELLECTUAL PROPERTY AND ON CO-OPERATION IN THE FIELD OF INTELLECTUAL PROPERTY

LIST OF INTERNATIONAL CONVENTIONS

(1) The international conventions mentioned in Article 2, paragraph (1), of the Agreement are:

- the Paris Convention, of 20 March 1883, for the Protection of Industrial Property (Stockholm Act, 1967);

- the Patent Co-operation Treaty (PCT) of 19 June 1970;

- the Madrid Agreement, of 14 April 1891, Concerning the International Registration of Marks (Stockholm, 1967);

- the WTO Agreement, of 15 April 1994, on Trade-Related Aspects of Intellectual Property Rights;

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- the International Convention, of 26 October 1961, for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention);

- the International Convention for the Protection of New Varieties of Plants, of 2 December 1961 (UPOV Convention).

(2) The international conventions mentioned in Article 2, paragraph (2), of the Agreement are:

- the Hague Agreement, of 6 November 1925, Concerning the International Deposit of Industrial Designs (The Hague (1960) and Stockholm (1967) Acts);

- the Madrid Agreement, of 14 April 1891, for the Repression of False or Deceptive Indications of Source on Goods (Stockholm Act, 1967);

- the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on 27 June 1989;

- the Trademark Law Treaty of 27 October 1994;

- the Budapest Treaty, of 28 April 1977, on the International Recognition of the Deposit of Micro organisms for the Purposes of Patent Procedure.

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TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE SWISS FEDERAL COUNCIL ON THE PROTECTION OF INTELLECTUAL PROPERTY AND ON CO-OPERATION IN THE FIELD OF INTELLECTUAL PROPERTY

SPECIAL PROGRAMME OF CO-OPERATION

Article 1: Establishment

In accordance with Article 7, paragraph (4) of the Agreement, the Contracting Parties agree to the establishment of a Special Programme of Co-operation (SPC).

Article 2: Duration

The Contracting Parties agree that the initial duration of the SPC will be of three years from the date of entry into force of the Agreement.

Article 3: Funding

Activities under the Agreement and this Annex will be subject to the availability of funds and to the applicable laws and regulations, policies and Programmes of the Socialist Republic of Vietnam and the Swiss Confederation.

Article 4: Administration

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(2) The Joint Committee shall approve the working programmes to be elaborated by the competent executive agencies of the Contracting Parties. It shall monitor the proper implementation of the SPC.

Article 5: Activities

(1) The Joint Committee shall proceed to an assessment of the needs and priorities of the activities described hereafter, taking into account the co-operation activities supported by other bilateral or multilateral donors.

(2) The Programme of co-operation may include, but is not limited to, the following activities:

a) Activities aimed at strengthening the legislative and regulatory framework in the field of intellectual property rights:

1. Studying relevant international intellectual property treaties, in particular the TRIPS Agreement and certain conventions administered by WIPO, to which the Socialist Republic of Vietnam is not yet party; where appropriate, preparing proposals and recommendations for competent authorities for consideration of the accession of the Socialist Republic of Vietnam to such agreements and conventions;

2. Studying fields of intellectual property which are not yet protected in the Socialist Republic of Vietnam, such as undisclosed information as well as the repression of unfair competition;

3. Assessing the needs for modernising the legal framework, proposing new, and amendments and revisions to, intellectual property laws and regulations of the Socialist Republic of Vietnam to meet international standards and requirements of relevant international treaties, especially the TRIPS Agreement (substantive norms and enforcement).

b) Activities aimed at strengthening the intellectual property administrations:

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2. Training and qualifying staff of administration offices responsible for intellectual property (i.e. industrial property, copyright and neighbouring rights), namely the managerial staff, legal officers, examiners, experts dealing with patent and other information, technical personnel, through long- and short-term training, through seminars, symposia and workshops;

3. Modernising administration offices responsible for intellectual property, including their branches, if any;

4. Modernising the patent and other information systems, including setting up a national network for intellectual property information services;

5. Providing necessary technical equipments.

c) Activities aimed at strengthening the implementation of intellectual property laws and at ensuring the effective enforcement of intellectual property rights:

1. Training and qualifying judges (administrative and judicial), customs officers and other authorities responsible for the enforcement of intellectual property rights, through seminars, study tours and workshops;

2. Providing necessary technical equipments.

d) Other activities, including the promotion of intellectual property and the use thereof:

1. Improving public awareness of the importance of protecting innovations and creations, of combating counterfeiting and piracy, through workshops with the participation of countries having experience in those fields;

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3. Providing free-of-charge patent searches by the Swiss authorities for patent applications from individual inventors or enterprises under certain conditions;

4. Promoting and developing the teaching of intellectual property in the Socialist Republic of Vietnam, in particular with emphasis on the use of that law for economic development.

Article 6: Authorities Entrusted with the Implementation of the SPC

The authorities which are in charge of the implementation of this Annex and in particular of the SPC are:

a) For the Government of the Socialist Republic of Vietnam:

National Office of Industrial Property

384-386 Nguyen Trai

Hanoi

b) For the Swiss Federal Council:

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Developing countries/countries in transition

Effingerstrasse 1

3003 Berne

2. Federal Institute of Intellectual Property

Einsteinstrasse 2

3003 Berne