Notable new points of the amended Vietnam Intellectual Property Law 2022

Vietnam has recently had a big update on its Intellectual Property Law. In this article, we will highlight some notable new points of the amended Vietnam Intellectual Property Law 2022 which will create some huge impacts on the business in this jurisdiction.

The notable changes are:

Amend and supplement some terms in the Intellectual Property Law

According to the amended intellectual property law 2022, some terms have been changed, including the definition and scope of terms such as:

– The derivative work: Work created on the basis of one or more works translated from one language to another, adaptation, compilation, annotation, selection, modification, musical transformation, and other transformation.

– Works, recordings and video recordings published as works, recordings, and video recordings have been released with the consent of the copyright owner, the owner of related rights to disseminate to the public copy in any form of reasonable quantity.

– Copy is the creation of a copy of the whole or part of the work or the recordings, video recordings by any means or form.

– Royalties is the amount of money paid for creating or transferring copyrights and rights related to the works, performances, recordings, video recordings, and broadcast programs, including royalties, and remuneration.

– Technological measures to protect rights are measures to use any techniques, technology, equipment or components during ordinary operation with the main function to protect copyright and related rights to the behavior performed without the permission of the copyright owner, the owner of the relevant rights.

– Effective technological measures are technological measures to protect the rights that the copyright and related rights owner controlling the use of works, performances, recordings, video recordings, broadcasting programs, satellite signal carrying encrypted programs through access control applications, protection procedures or copy control mechanisms.

– Right management information is information about works, performances, recordings, video recordings, broadcasting programs, satellite signal carrying encrypted programs; about the author, performers, copyright owners, relevant rights owners and conditions for exploitation and use; number, code showing the above information. Right management information must be associated with a copy or appear simultaneously with the works, performances, recordings, video recordings, and broadcast programs when the works, performances, recordings, video recordings, and broadcast programs disseminating to the public.

– Dissemination to the public is the popularizing to the public the works; sounds and images of the performances; sounds, images or reproduction of sounds and images are shaped in the recordings, video recordings by any means other than broadcasting.

– Confidential inventions are inventions determined by competent agencies and organizations as State secrets in accordance with the law on protecting state secrets.

– Industrial design is the appearance of the product or part to assemble into a complex product, shown in shapes, lines, colors or a combination of these factors and visible in the process of exploiting the use of products or complex products.

– The famous brand is a brand widely popular to the public in the territory of Vietnam;

– Homophonic geographical indications are geographical indications with pronunciation or writing. (New point)

Additional content about the author, co-author

Two regulations of the author, co-author are amended as follows:

– The author is the person directly creating the work.

– If there are two or more people directly creating the work with the intention that their contribution is combined into a complete work, those people are defined as co-author.

– Supporters, commenting or providing materials for others to create works are not the author or co-author.

Changes in copyright and related rights registration applications

Pursuant to Clause 2, Article 50 of the Law on Intellectual Property 2005 as amended by the Law on Intellectual Property Amendment 2022, stipulates the application for registration of copyright and related rights as follows:

– Declaration for registration of copyright and related rights.

+ The declaration must be made in Vietnamese with full information about the applicant, the author, the copyright owner or the related rights holder;

+ Time to complete;

+ Content summary of works, performances, phonograms, video recordings or broadcasts;

+ The name of the author, the copyright holder, the work used as a derivative work if the registered work is a derivative work;

+ Time, place, and form of announcement;

+ Information on re-issuance and replacement (if applicable), as well as a commitment to accept responsibility for the information stated in the declaration.

+ Except in cases of physical inability to sign or fingerprint, the declaration is signed or fingerprinted by the author, copyright holder, or related right holder.

The form of declaration for registration of copyright and related rights shall be prescribed by the Minister of Culture, Sports, and Tourism.

– Two copies of the work registered for copyright or two copies of the fixation of the subject matter registered for related rights;

– Power of attorney, if the applicant for registration of copyright or related rights is an authorized person;

– Documents proving that he/she is the owner of the right created by himself or by being assigned a creative task, entered into a creative contract, inherited or transferred the right;

– If the work has co-authors, they must provide written permission.

– If the copyright and related rights are jointly owned, the co-owners must provide written consent.

Note: Documents specified at Points c, d, dd and e, Clause 2, Article 50 above must be made in Vietnamese; if it is made in another language, it must be translated into Vietnamese.

Supplementing the form of submitting copyright registration dossiers

Pursuant to Clause 1, Article 50 of the Intellectual Property Law 2005 as amended by the Law on Intellectual Property Amendment 2022, the dossiers for registration of copyright and related rights are as follows:

Authors, owners of copyrights, and owners of related rights are permitted to submit dossiers for registration of copyright or related rights directly, by mail, or online through the public service portal for the state management agency in charge of copyright and related rights.

*** Other Articles***

– You could visit here to see the Trademark Registration in Vietnam.

– You can also check the Vietnam Trademark Law: Detailed Guide And Legal Notes.

– You could check Questions of filing trademark in Vietnam: POA, Trademark requirement and trademark fee in Vietnam.

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