The revised Intellectual Property Law was approved by the 15th National Assembly at its third session, June 6, 2022, and officially takes effect from January 1, 2023. Inco Minh Anh Law Company Limited would like to summarize for customers to note as follows:
The First: is the policy to ensure clear regulations on authors, copyright owners, performers, and related rights owners in cases of assignment and transfer of Copyright (QTG), Related Rights. related to copyright (QLQ). Accordingly, regulations related to identifying property rights holders (owners, authors, performers) are more clearly and specifically stipulated, helping the process of transferring ownership rights, Transfer of use rights in transfer contracts, transfer of copyright and related copyright rights is more convenient. The highlight of the draft Law is the provision allowing the transfer of a number of moral rights according to agreements (agreements on naming and modifying works) in accordance with the characteristics of the copyright field in order to resolve problems. has existed in practice in recent times, such as when there is a need to change the name of a work, modify or upgrade a computer program, etc.
The Second: incentive policies to create, exploit and disseminate inventions, industrial designs, layout designs, and plant varieties created from science and technology tasks using the State budget.
Accordingly, the law provides for granting the right to register inventions, industrial designs, layout designs, and plant varieties that are the results of scientific and technological tasks using state budget to the presiding organization freely. active and non-compensatory, and at the same time have a mechanism for reasonable distribution of benefits between the State, the lead agency and the appropriate author. This regulation not only overcomes current shortcomings in the registration and exploitation of state-invested intellectual property rights, but is also a push to encourage subjects to research scientific and technological tasks. technology to proactively register and exploit created inventions, industrial designs, layout designs, and plant varieties; Promote cooperation with businesses to transfer technology, commercialize and attract investment capital to develop and research products, thereby gaining many economic benefits as well as achieving goals. social security spending.
Third, the policy helps facilitate the process of implementing QTG, QLQ registration procedures, and procedures for establishing industrial property rights.
Accordingly, whether rights are established automatically without registration (in the field of QTG, QLQ) or must be registered (in the field of industrial property), the regulations related to procedures, deadlines, Document components, etc. continue to be improved in a compact, quick, convenient, and transparent manner to encourage and increase registration and establishment of intellectual property rights to create a solid basis and evidence. certainty in determining the right holder and protected object, as a premise for future exploitation of rights as well as enforcement of rights.
Some specific amendments include: creating a legal basis for organizations and individuals to register online for QTG and QLQ; Channeling third-person opinions to speed up the application appraisal process; simplify the description of industrial designs; limits security controls on inventions; Allows delaying publication of industrial design applications; Supplementing a number of specific regulations on procedures for resolving complaints in the field of industrial property.
Amend regulations on appraisal in the direction of clearly defining the scope between intellectual property appraisal and judicial appraisal of intellectual property.
The Fourth, the policy ensures an adequate and balanced level of protection in intellectual property rights protection.
Accordingly, regulations related to the protection and enforcement of intellectual property rights are amended and improved to ensure a satisfactory level of protection and balance between the interests of rights holders on one side and the interests of other parties. is the right to use and access society’s knowledge and technology. Detail:
Adding a number of exceptions that do not violate the World Rights, QLQ, and limits of the World Law and QLQ to ensure harmony of interests between the copyright holder and the organizations and individuals that exploit and use it, and the public to enjoy it. access to works, ensuring implementation of international commitments and in accordance with Vietnam’s practical conditions.
Adding a number of regulations to control inventions using genetic resources and traditional knowledge about genetic resources; Supplementing a number of grounds for termination and invalidation of protection titles (patents, trademarks); Handling conflicts between trademarks, plant variety names, and objects of QTG and QLQ; amend regulations on subjects for geographical indications; clarify the conditions considered unfair competition between domain names and previous trademarks, trade names, and geographical indications.
The Fifth, policies to increase the effectiveness of intellectual property support activities.
The amendments are intended to promote support activities for the intellectual property system (including representation and appraisal activities), specifically amending and supplementing a number of regulations in a more open direction to create more openness. competition in providing representative services (dividing representatives by field; loosening conditions for granting representative practice certificates depending on field); Amend regulations on appraisal in the direction of clearly defining the scope between intellectual property appraisal and judicial appraisal of intellectual property; clarify the evidential meaning of intellectual property assessment conclusions);
The Sixth, the policy improves the effectiveness of intellectual property rights protection activities.
Regulations related to the enforcement of rights have been amended to ensure that the intellectual property rights protection mechanism is more effective, reasonable and feasible, notably the regulation adding the authority to proactively enforce intellectual property rights. Use control measures at the border if during the process of inspection, supervision and control, customs authorities discover clear grounds to suspect that imported or exported goods are counterfeit intellectual property goods.
Finally, the policy aims to ensure full and serious implementation of Vietnam’s international commitments on intellectual property protection during the integration process. Specifically:
Amend and supplement a number of contents related to technological measures to protect rights and rights management information to ensure enforcement in the digital environment; some regulations on QTG and QLQ exceptions;
Amending and supplementing a number of contents related to sound trademark protection; Terminate the validity of the protection certificate for the trademark; mechanism to ensure information for patent owners to exercise their rights in market licensing procedures for pharmaceuticals; Obligation to protect confidential data in agricultural chemical licensing applications; compensation mechanism for patent owners for delays in licensing pharmaceuticals; assumptions about QTG, QLQ; rights and responsibilities of enterprises providing intermediary services on the Internet and telecommunications network environment; obligation to proactively suspend customs procedures for exported and imported goods suspected of being counterfeit intellectual property goods.
Customers and businesses interested in registering trademarks or consulting on issues related to trademarks, copyright, and intellectual property, please contact our lawyers: