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The Intellectual Property Law of 2005, amended and supplemented in 2009 and 2019, still faces many shortcomings in its implementation. Therefore, there are upcoming revisions to address these issues. Join Mytour in exploring this matter further through the following article.
The 2005 Intellectual Property Law, amended and supplemented in 2019, consolidates the latest provisions and documents of the newest intellectual property law.
1. Overview of the Intellectual Property Law.
1.1. Current Intellectual Property Law.
1.2. Intellectual Property Law 2022.
2. Some New Points of the 2022 Amended and Supplemented Intellectual Property Law.
* Download the latest Intellectual Property Law HERE
1. Overview of the Intellectual Property Law
1.1. Current Intellectual Property Law
Currently, the Intellectual Property Law of 2005 and the Intellectual Property Law of 2019 are in effect.
The law consists of 222 articles, divided into 6 different parts, including:
Part one: General provisions
Part two: Copyright and related rights
Part three: Industrial property rights
Part four: Rights regarding plant varieties
Part five: Intellectual property rights protection
Part six: Enforcement provisions
Scope of regulation: Copyright, related rights, industrial property rights, rights regarding plant varieties, and the protection of these rights.
Applicable entities: Vietnamese organizations, individuals; foreign organizations, individuals meeting the conditions prescribed by law and international agreements to which Vietnam is a member.
1.2. Intellectual Property Law 2022
Coming soon, starting from 01/01/2023, the latest Intellectual Property Law to be applied will be the amended Intellectual Property Law of 2022. Regarding its effectiveness, there are some points to note:
The Intellectual Property Law of 2022 is effective from 01/01/2023, except for some provisions as follows:
+ Provisions regarding trademark protection as sound marks: effective from 14/1/2022.
+ Provisions regarding the protection of test data for agrochemicals: effective from 14/1/2024.
Intellectual Property Law No. 50/2005/QH11, amended and supplemented in 2022, takes effect from 01/01/2023 with many important provisions.
2. Some new points of the amended and supplemented Intellectual Property Law 2022
Below are the new points of the Intellectual Property Law 2022 that we have compiled, including:
(1) Amendments, supplements to the understanding of certain terms
- Providing an understanding of homonymous geographical indications, secret patents, pre-copyrights,... that were not previously addressed.
The 2022 amendment to intellectual property law stipulates that authors have the right to transfer the right to use the title of the work to organizations or individuals receiving property rights transfer. This is entirely new compared to the old regulations.
(4) Adding exceptions that do not infringe on copyright
Specifically, adding the following cases:
- Self-copying for educational purposes; adding a requirement that schools must not have commercial purposes;
Reasonably copy a portion of the work using copying devices for individual scientific research, personal study, and not for commercial purposes;
Use the work in the official activities of state agencies;
Copy by reposting in newspapers, periodicals, broadcasting, or other forms of communication to the public lectures, speeches, other spoken presentations presented to the public within the appropriate scope of current affairs information purposes, except when the author declares copyright;
Adding the act of taking photos for the purpose of reporting current events, including using works heard, seen in that event.
(5) Adding a new form of copyright registration submission
Previously, the submission of copyright registration was done directly or sent by mail. However, in the future, online registration may also be used through the public service portal (online registration).
(6) Changing the regulations on copyright registration files, related rights registration
- Accordingly, in the copyright registration declaration, additional information on Completion time, Information on renewal, replacement is added.
Furthermore, it is stipulated that 'The declaration must be signed or marked by the author, copyright holder, or related rights holder, except in cases where there is physical incapacity to sign or mark.'.
(7) Registration rights are the result of scientific and technological tasks using state budget
This is new content added according to the provisions of the 2022 Intellectual Property Law, whereby:
- Inventions, industrial designs, layout designs are the result of scientific and technological tasks using the entire state budget => the right to register inventions, industrial designs, layout designs is automatically assigned to the organization leading without remuneration, except for some cases mentioned in paragraph 3 of this article.
- Inventions, industrial designs, layout designs are the outcomes of scientific and technological tasks funded by various sources, including a portion of state budget => the portion of the right to register inventions, industrial designs, layout designs corresponding to the proportion of state budget is automatically assigned to the leading organization without reimbursement except for some cases in paragraph 3.
The current intellectual property law has played a crucial role in regulating legal relationships concerning intellectual property rights - a special type of asset. However, during the period of development and integration, the practical application of the law still faces some shortcomings. Therefore, the enactment of the 2022 Intellectual Property Law is a necessary requirement to ensure a safe and effective legal framework.
Readers can refer to various legal normative documents in the Vietnamese legal system such as : Inspection Law, Commendation and Reward Law, Civil Judgment Execution Law,...
