Recognizable changes to the amended Vietnam IP Law
The Vietnam IP Law was recently changed. The modifications can be summarized in the 7 large groups of policies. So, what are the recognizable changes to the amended Vietnam IP Law?
The recently promulgated Law amending and supplementing a number of articles of the Vietnam Intellectual Property Law has 7 major policy groups, including:
Policy 1: Ensure clear regulations on authors, copyright holders, performers, and related rights holders in cases of assignment, transfer of copyrights, and copyright-related rights
According to this group of policies, the provisions on copyright, more specifically individuals and organizations holding economic rights including owners, authors, and performers, have been more specified and detailed.
Thereby, the procedures for transferring the above rights will be more convenient, especially regarding the transfer of moral rights – the most prominent point in this amendment.
Now, individuals and organizations in need will be able to transfer moral rights in accordance with the characteristics of the field of copyright.
This regulation will certainly solve the major problems in the current society related to the conflict between economic rights and moral rights.
Policy 2: Encourage the creation, exploitation, and dissemination of inventions, industrial designs, layout designs, and plant varieties created from scientific and technological tasks using the State budget
The law provides for granting the right to register inventions, industrial designs, layout designs, and plant varieties as a result of scientific and technological tasks using the state budget to the presiding organization automatically and without compensation, and at the same time, there is a mechanism for reasonable distribution of benefits between the State, the lead agency and the author.
This regulation is expected to encourage scientific and technological research subjects to actively register and exploit created inventions, industrial designs, layout designs, and plant varieties.
Policy 3: Facilitate the process of carrying out procedures for registration of copyright and related rights, and procedures for establishing industrial property rights
One of the major highlights of the revision is the simplification of procedures related to registration and rights establishment, including automatically protected rights.
Policy 4: Ensure an adequate and balanced level of protection in IP rights protection
Recognizing the need to strike a balance between protecting IP rights and providing society with access to knowledge and technology for development purposes, the amendment of the Vietnam IP law has added a number of exceptions that do not infringe copyright and related rights in order to ensure the interests of the right holder as well as individuals and organizations exploiting and using the work for non-commercial purposes.
Policy 5: Enhance the effectiveness of IP support activities
The representative services of industrial property representatives will be supplemented with provisions that allow the representatives to compete better in a nourishing, mutually beneficial direction with the ultimate aim of protecting the interests of the respective IP rights holders.
Policy 6: Improve the effectiveness of IPR protection activities
IPR protection activities will be strengthened, with more reasonable and feasible mechanisms. The most prominent is the addition of the authority to proactively apply control measures at the border if, in the course of the inspection, supervision, and governance, the customs authority finds clear grounds to suspect the exported goods to be counterfeit.
Policy 7: Ensure full and serious implementation of Vietnam’s international commitments on IP protection in the integration process
Meeting international commitments on IP to which Vietnam is a signatory, the amendment of the IP Law will change and supplement some contents related to technological measures to protect rights and information management of rights, along with an important change that is about the contents related to the protection of sound marks which have long been awaited by rights holders in Vietnam.
*** 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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