Proposal to change patent registration rights in Vietnam

Proposal to change patent registration rights in Vietnam

Proposal to change patent registration rights in Vietnam

On the afternoon of September 14th, 2021, at a meeting of the National Assembly Standing Committee, Minister of Science and Technology of Vietnam Mr. Huynh Thanh Dat stated that after 16 years of application, the amendment and supplementation of the Intellectual Property Law has become an urgent requirement, i.e., we need to change patent registration rights in Vietnam.

The urgent need to change the IP Law in Vietnam is because Vietnam is no longer a purely “intellectual property user” country, but is being strongly shifted to “creating the IP asset for a depth growth model.”

One of the new points of the amendment is to propose that research organizations have the right to register inventions, industrial designs, and layout designs. In addition, except for organizations in the field of defense and security, the above organizations will have ownership rights when they are granted protection titles.

Minister Huynh Thanh Dat has stated: “This regulation will create an incentive to encourage organizations in charge of registration to establish industrial property rights with research results capable of protecting and promoting the commercialization of the subject matter of the ownership of such technology.”

Mr. Dat also cited the laws of many countries around the world with similar provisions to promote scientific and technological research activities and commercialize research results. However, to implement the plan, a number of relevant legal documents need to be amended and supplemented to ensure consistency in the legal system.

Change patent registration rights in Vietnam

Due to the small number of Vietnam Government members who proposed to keep the current legal regulations, the Drafting Board designed option 2 and submitted it to the National Assembly for comments. Accordingly, the right to register an invention still belongs to the organization or state agency that is authorized to be the investor. This will ensure the principle that the property created by the State’s investment belongs to the State.

The draft law amending and supplementing several articles of the Intellectual Property Law of Vietnam will be submitted to the delegates at the second session of the XV National Assembly, which opens at the end of October 2021.

According to the head of the Science and Technology sector, this plan is built to institutionalize Resolution No. 20 dated November 1, 2012, of the 6th Plenum of the XI Central Conference on the development of Science and Technology for the industrialization and modernization in the context of Vietnam being a socialist-oriented market economy and international integration. The resolution has the policy: “Allow ownership of scientific research and technological development results with the use of the state budget to the agency in charge of science and technology tasks”.

*** 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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