Faculty Research Seminar: The Soviet Legacy of Vietnam’s IP law: Big Brother is (no longer) watching you *CANCELLED*

Chair: Dev Gangjee

Lying in the heart of this article is a simple question. How has Intellectual Property – a private right and the European Enlightenment’s brainchild - infiltrated Vietnam’s socialist law? This clandestine triumph is more astonishing since it occurred in a system that traditionally champions collective ownership while suppressing private property rights.

Vietnam’s attitude to IP rights has evolved in tandem with how liberal and open the economic policies have become. During the 1980s, when communism was at its peak, Soviet influence was prominent. Reflecting political and institutional setup, IP laws contained a pronounced socialist flavour and typical features of a command-style economy. Nowadays, while copyright is still vulnerable to State censorship, patents have virtually escaped communist effects since the demise of the inventor's certificate. The technological race raises the stakes for Vietnam: it encourages more innovation and patent filings.   

The most visible vestige of the Soviet clings in the public's mind, which does not regard the law as a competent vehicle for resolving conflict and instead looks to the government, rather than the judiciary, to solve civil disputes. Even while the old practice does not vanish overnight, socialism crumbles as Vietnam draw closer to global trade through FTAs that strengthen IP rights.