The Law on Intellectual Property (IP) was promulgated in Vietnam in 2005, then.amended and supplemented in 2009 and 2019, which has.played an essential role in regulating legal relations with a special type of property – Intellectual property rights. However, practical implementation and Vietnam’s extensive international integration show that the IP Law still has some problems and inadequacies.
Recently, the National Assembly has approved the Draft Law on amending and supplementing a number of articles of the IP Law, which is.expected to take effect from January 1, 2023 (except for regulations on protection of trademarks as sound signs came into effect on January 14, 2022, and the regulation on protection of experimental data for agrochemicals came into effect on January 14, 2024).
With the experience of accompanying many famous brands of several domestic and foreign enterprises, Law Plus would like to send Customers the most basic and critical new policies in the Law of amending and supplementing a number of articles of the IP Law for reference. NEW POINTS OF INTELLECTUAL PROPERTY LAW
Table of Contents/Mục lục
1. Amending, supplementing some terms:
The Amendment Intellectual Property Law 2022 (referred to as the Amendment Law for short) adds.definitions of some of the following words: NEW POINTS OF INTELLECTUAL PROPERTY LAW
– Royalties are payments for the creation or transfer of copyrights.and related rights in works, performances, phonograms, video recordings, broadcasts, including royalties, remuneration.
– Technological measure to protect rights is a measure to use any technique, technology, equipment.or component during regular operation with the main function.to protect copyright and related rights to the act is.done without the permission of the copyright owner, the relevant right holder.
– Rights management information means identifying information about works, performances, phonograms, video recordings, broadcasts, encrypted.program-carrying satellite signals; about authors, performers, copyright holders, related rights holders and conditions for exploitation and use; numbers and codes showing the above information. Rights management information must be attached to a copy or appear concurrently with a work, performance, phonogram, video recording, or.broadcast when the work, performance, phonogram, video recording, broadcasts are.transmitted to the public.
– Communication to the public is the transmission to the.public of a work; sounds and images of the performance; sound, image or representation of sound or image.fixed in sound recordings or video recordings by any means other than broadcasting.
– Confidential invention means an invention identified by a competent.agency or organization as a state secret in accordance with the law on protecting state secrets.
– Homophonic geographical indications are geographical indications.that have the same pronunciation or spelling.
In addition, the Amendment Law has also revised some of the words:
– Derivative work means a work created on the basis of one or more existing works.through translation from one language into another, adaptation, compilation, annotation, selection, adaptation, or translation.of music and other adaptations. (Currently, derivative works are works.translated from one language into another, works adapted, arranged, adapted, compiled, annotated, selected)
– Published works, phonograms and video recordings are works, phonograms or video recordings that have.been.released with the consent of the copyright or related rights holders for dissemination to the public copies in any form in reasonable quantities. (Compared to the current, the supplementary phrase form of the copy is any form)
– Copying is the making of a copy of the whole or part of a work or.phonogram or video recording by any means or form. (Compared with the current one, there is.no longer a requirement for one or more copies, instead, adding a provision for the creation of all or a part of the work; no longer specifically covering the electronic form).
– Well-known mark is a mark widely known by the relevant public in the.territory of Vietnam (Compared to current, replace “consumer” with “relevant public”)
2. Additional content about author and co-authorization
The Law on amending and supplementing a.number of articles of the IP Law has added definitions of author and co-author.
- The author is the person who directly created the work. Compared with the previous definition of author in Decree 22/2018/ND-CP, the Amending Law no longer stipulates.that the author is the creator of a part or the whole of the work; It is no longer.clearly defined that works are literary, artistic and scientific works.
- Referring to the definition in Decree 22, which stipulates that co-authors are authors who jointly create part or the whole of literary, artistic and scientific works. According to the Amendment Law, those persons are co-authors.when two or more people directly co-create work with the intention that their.contributions are combined into a complete whole.
- Note: If a person who supports comments or provides materials for.other people to create works, they are not.recognized as authors or co-authors.
- The exercise of moral rights and property rights for works with co-authors must.be.agreed upon and agreed upon by the co-authors unless the work has.separate parts that can be.used.separately and independently without prejudice to the part of other co-authors or as otherwise provided by law.
3. Allow for transfer of the author’s personal rights
According to Article 19 of the Amendment Law provides for personal rights as follows:
Personal rights include:NEW POINTS OF INTELLECTUAL PROPERTY LAW
– Name the work: The author has the right to transfer.the right to use the right to.name the work to the organization or individual receiving the transfer of the property right.
– Put your real name or pseudonym on the work; be.given.a real name or a pseudonym when the work is.published, using
– Publish the work or allow others to publish the work;
– Protect the integrity of the work from being.misrepresented by others; do.not allow others to modify or mutilate the work in any way that is prejudicial to the honor.and reputation of the author.
The highlight of the Amendment Law is the.provision that allows the transfer of certain moral rights by agreement (naming agreement, work modification) in accordance with the characteristics of the field of copyright to solve problems that exist in practice in the past time such as when there is a need to change the name of a work, modify or upgrade a computer program, etc. In the regulations on naming works, the Amendment Law allows authors to transfer the right to use the right to name the work to the organization or individual receiving the transfer of the property right.
4. Supplementation of exceptional case of not infringing copyright, related rights:
In Article 25 of the Amendment Law, there are additional exceptions for non-infringement of copyright as follows:
– Cases of using published works that do not require permission, do not have to pay royalties but require information about the author’s name and the origin and origin of the work, including:
+ It is not allowed to self-reproduce a copy for scientific research, personal study and non-commercial purposes using a public copying device, but it is allowed to “reasonably copy” part of the work using the device copied for scientific research, personal study and not for commercial purposes.NEW POINTS OF INTELLECTUAL PROPERTY LAW
+ Using works in official activities of state agencies.
+ Reproduction by republishing in newspapers, periodicals, broadcasting or other forms of communication to the public of lectures, speeches and other speeches presented to the public to the extent appropriate to the law news information purposes, except where the author claims to hold copyright.
+ Additional regulations on the number of readers at the same time: The number of readers.at the same time does not exceed the number of copies of the work.held by the aforementioned libraries, except in cases where the owner is authorized to read the work owns the license rights.and does not apply where the work has been made available on the market in digital form;
+ Adding more about the act of taking pictures, specifically: Taking.pictures, recording audio, video recording, broadcasting events for the purpose.of news reporting, including using works heard and seen in the event there;
5. Supplement of the right to register as a result of scientific and technology task using the state budget:
– 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 complete, except for cases in the field of national defense and security. NEW POINTS OF INTELLECTUAL PROPERTY LAW
– For inventions, industrial designs and layout designs that are the result of scientific and technological tasks invested with many capital sources, including part of the state budget, part of the right to register inventions, industrial design, layout design corresponding to the proportion of the state budget assigned to the organization in charge of the task automatically and without compensation, except for the cases in the field of defense and security.NEW POINTS OF INTELLECTUAL PROPERTY LAW
The right to register inventions, industrial designs and layout designs as a result of scientific and technological tasks in the field of national defense and security shall be exercised as follows:
– In case scientific and technological tasks use the entire state budget, the right to register inventions, industrial designs and layout designs belongs to the State;
– In case scientific and technological tasks are invested with many sources of capital, including part of the state budget, part of the right to register inventions, industrial designs and layout designs corresponding to the proportion of shares of the State budget belonging to the State;
6. Changing procedures for registration of copyright and related rights:
Some specific modifications include:
– Authors, copyright holders and also related rights holders may directly or authorize other organizations or individuals to submit dossiers for registration of copyright and related rights in a direct manner via postal services, through the online public service portal for state management agencies in charge of copyright and related rights, creating a legal basis to simplify registration procedures to become quick and convenient more quickly.
– Allowing third-party opinion documents to be considered as a reference information source for processing industrial property registration applications, channeling third-party opinions to speed up the application examination process.
Dossier for registration of copyright and related rights are prescribed 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; (New point)
+ Summary of content of works, performances, phonograms, video recordings or broadcasts;
+ Name of the author, copyright owner, 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 any), commitment of responsibility for the information stated in the declaration. (Compared to current, more information about re-issuance and exchange)
+ The declaration is signed or fingerprinted by the author, copyright holder, or related right holder, except for cases of physical inability to sign or fingerprint. (New point).
7. Supplement of some contents related to technology measures to protection rights and rights management information:
– Apply technological measures to protect rights, publish rights management information or apply other technological measures to prevent acts of infringing upon intellectual property rights;
– Requesting organizations and individuals committing acts of infringing upon intellectual property rights to stop infringing acts, remove and delete infringing content on the telecommunications network and the Internet, apologize and correct the public declaration and compensation for damage.
The above is a preliminary analysis of the basic and important new points in the Law on amending and supplementing a number of articles of the IP Law. With the desire to help businesses and customers receive timely information and better understand the legal regulations to apply in practice. At the same time, we can contribute to supporting businesses in domestic and foreign brand development campaigns; we are looking forward to accompanying you to jointly protect your assets in terms of Intellectual Property. For detailed advice, please contact LawPlus at hotline +84 2862 779 399, +84 3939 30 522 or email email@example.com.