Intellectual property is currently playing a
very important role in Vietnam and other countries around the world. With the
participation in Trade Agreements and market expansion, the regulations on
intellectual property have had many positive changes towards the protection and
promotion of intellectual property rights and in line with the general trend of
countries.
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Intellectual property rights in
Vietnam
Intellectual property rights are the rights of
organizations or individuals to trademarks, inventions, designs or other forms
of creation. Currently, intellectual property rights are recognized as an asset
class, which can constitute corporate assets. Popular groups of intellectual
property today include: (i) Copyright; (ii) Inventions; (iii) Industrial
design; (iv) Trademarks. These are objects created by thinking, mental labor,
cognitive activities of people and protected by law.
Currently, intellectual property rights are
governed by the 2005 Intellectual Property Law, which was amended and
supplemented in 2009, and 2019. These are efforts in changing Vietnam’s legal
system in raise awareness and perfect the legal system on intellectual property
of Vietnam. Up to now, the Intellectual Property Law has created a legal
corridor for organizations and individuals to establish and protect
intellectual property rights, contributing to encouraging creative activities,
and enhancing the value of intellectual property, wisdom. However, after 17
years since its promulgation, the Law on Intellectual Property has also arisen
problems, inadequacies and incompatibility to ensure the implementation of
commitments on intellectual property in trade agreements to which Vietnam is a
member.
To implement the above guidelines and policies,
the National Office of Intellectual has coordinated with relevant agencies to
change and supplement regulations on intellectual property accordingly.
Accordingly, the content of amendments to the Intellectual Property Law focuses
on importnt groups of policies with about 100 amended and supplemented
articles. Therefore, obstacles and inadequacies such as regulations on
licensing of patents, industrial designs, layout designs and plant varieties
are the result of scientific and technological tasks using the state budget;
regulations relating to procedures for registration and establishment of intellectual property rights and
validity of protection titles; regulations on security control for inventions
before registration abroad; on compensation to patent owners for delays in
marketing authorization of pharmaceutical products; on sound trademark
protection; on geographical indication management; on liability for copyright
and related rights for enterprises providing intermediary services.
In addition to the Draft of Intellectual
Property Law, the Draft Circular is also proposed to stipulate economic –
technical norms for a number of public services funded by the state budget,
including training and retraining services on Intellectual Property, the
service of confirming the validity of international registration of trademarks protected in Vietnam.
Moreover, the National Office of Intellectual
also implemented the reform and modernization of the information technology
system, reducing the burden of administrative procedures, internal processes to
handle administrative procedures; actively review and evaluate administrative
procedures and develop a plan for decentralization and simplification of
administrative procedures in the field of intellectual property; organize the
collection of fees and charges via commercial bank accounts and issue receipts
of electronic fees and charges. In addition, the information synchronization
for the Government’s National Public Service Portal is also interested in
development.
The new Draft Law on Intellectual Property has
many additions and adjustments in accordance with practical requirements and is
expected to take effect, which will help solve problems that still exist.
However, in order to ensure that the enforcement of intellectual property
rights is effective and meets the set requirements, businesses need to pay
attention and comply well with legal regulations.
If the client needs any other information or
requires for further advice, our IP attorney in Vietnam at
ANT Lawyers, the IP agent in Vietnam will be available for service.
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