Amendments to some Articles of the Law on Intellectual PropertyOn June 16, 2022, the National Assembly of Vietnam promulgates the Law on Amendments to Law on Intellectual Property No. 50/2005/QH11, which is amended by the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14.Accordingly, the author is the person that directly creates the work. In case two or more persons collaborate to create a combined and complete work, they are co-authors. The person who provides support, opinions or documents for another person to create a work is not an author or co-author.
The moral rights and economic rights to a work with co-author must be exercised with the consent of the co-author, unless the work has a separate part which is detachable for independent use without prejudice to the parts of the work of the co-author or otherwise prescribed by law.".
Moral rights of authors include :
- The right to name their works.
- The right to have their real names or pseudonyms attached to their works; the right to have their real names or pseudonyms announced when their works are published or used;
- The right to publish or permit other persons to publish their works;
- The right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
This Law will take effect from January 1, 2023, except for the cases specified in Clause 2 and Clause 3 of this Article.
Regulations on protection of marks that are sound trademarks will be of full force and effect as of January 14, 2022.
Regulations on protection of experimental data used for agrochemical will be of full force and effect as of January 14, 2024.
Copyright and related rights that are granted protection before this Law takes effect will continue to be protected in accordance with this Law until the end of their protection terms.
Applications for registration of copyright and related rights that have been submitted to competent authorities before this Law takes effect will continue to be processed in accordance with regulations of law that are effective when they are submitted.
Applications for registration of inventions, industrial designs, marks, geographical indications that have been submitted to competent authorities before this Law takes effect will continue to be processed in accordance with regulations of law that are effective when they are submitted, except in the following cases:
- Regulations of Clause 13 Article 4 of the Law on Intellectual Property, which is amended by Point b Clause 1 Article 1 of this Law, shall apply to applications for registration of industrial designs that are submitted from August 01, 2020 but do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
- Regulations of Point e and Point h Clause 2 Article 74, Point e Clause 1 Article 106, Point b Clause 3 Article 117 of the Law on Intellectual Property, which are amended by Point b and Point c Clause 22, Clause 35 and Point b Clause 42 Article 1 of this Law, shall apply to applications for registration of industrial property do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
- Regulations of Article 89a, which is added by Clause 27 Article 1 of this, shall apply to security control of inventions in applications for registration of that do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
- Regulations of Article 118 of Law on Intellectual Property, which is amended by Clause 43 Article 1 of this Law, shall apply to applications for registration of industrial property do not have a notice of appraisal results before the effective date of this Law;
- Regulations of Articles 86, 86a, 133a, 135, 136a, 139, 164, 191, 191a, 191b and 194 of the Law on Intellectual Property, which are amended by Clauses 25, 52, 53, 54, 55, 66, 74 and 75 Clause 1 of this Law, shall apply to inventions, industrial designs and layout designs that are results of science and technology missions funded by state budget that are assigned from the effective date of this Law.
Rights and obligations to industrial designs that are parts of products used for assembly of complex products under protection titles applied for before August 01, 2020 will apply regulations of law that are effective before the effective date of this Law.
The basis for invalidation of protection titles shall be applied in accordance with effective laws on grant of these protection titles.
Individuals who are granted industrial property representation service practising certificates before the effective date of this law may keep practicing under the granted certificates. Individuals who have passed the examination on industrial property representation profession organized by competent authorities before the effective date of this Law will be granted industrial property representation service practising certificates in accordance with Law on Intellectual Property No. 50/2005/QH11, which is amended by Law No. 36/2009/QH12 and Law No. 42/2019/QH14.
Applications for protection of plant variety rights have been submitted to competent authorities before the effective date of this Law will continue to be processed in accordance with regulations of law that are effective when they are submitted. Individuals who are granted plant variety right representation service practising certificates before the effective date of this Law may keep practicing under the granted certificates.
Unsolved lawsuits over infringement of intellectual property rights accepted by competent authorities before the effective date of this Law will be handled in accordance with provisions of Law on Intellectual Property No. 50/2005/QH11, which is amended by Law No. 36/2009/QH12 and Law No. 42/2019/QH14.
Amendments to some Articles of the Law on Intellectual Property
21/07/2022
On June 16, 2022, the National Assembly of Vietnam promulgates the Law on Amendments to Law on Intellectual Property No. 50/2005/QH11, which is amended by the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14.
Accordingly, the author is the person that directly creates the work. In case two or more persons collaborate to create a combined and complete work, they are co-authors. The person who provides support, opinions or documents for another person to create a work is not an author or co-author.
The moral rights and economic rights to a work with co-author must be exercised with the consent of the co-author, unless the work has a separate part which is detachable for independent use without prejudice to the parts of the work of the co-author or otherwise prescribed by law.".
Moral rights of authors include :
- The right to name their works.
- The right to have their real names or pseudonyms attached to their works; the right to have their real names or pseudonyms announced when their works are published or used;
- The right to publish or permit other persons to publish their works;
- The right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
This Law will take effect from January 1, 2023, except for the cases specified in Clause 2 and Clause 3 of this Article.
Regulations on protection of marks that are sound trademarks will be of full force and effect as of January 14, 2022.
Regulations on protection of experimental data used for agrochemical will be of full force and effect as of January 14, 2024.
Copyright and related rights that are granted protection before this Law takes effect will continue to be protected in accordance with this Law until the end of their protection terms.
Applications for registration of copyright and related rights that have been submitted to competent authorities before this Law takes effect will continue to be processed in accordance with regulations of law that are effective when they are submitted.
Applications for registration of inventions, industrial designs, marks, geographical indications that have been submitted to competent authorities before this Law takes effect will continue to be processed in accordance with regulations of law that are effective when they are submitted, except in the following cases:
- Regulations of Clause 13 Article 4 of the Law on Intellectual Property, which is amended by Point b Clause 1 Article 1 of this Law, shall apply to applications for registration of industrial designs that are submitted from August 01, 2020 but do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
- Regulations of Point e and Point h Clause 2 Article 74, Point e Clause 1 Article 106, Point b Clause 3 Article 117 of the Law on Intellectual Property, which are amended by Point b and Point c Clause 22, Clause 35 and Point b Clause 42 Article 1 of this Law, shall apply to applications for registration of industrial property do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
- Regulations of Article 89a, which is added by Clause 27 Article 1 of this, shall apply to security control of inventions in applications for registration of that do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
- Regulations of Article 118 of Law on Intellectual Property, which is amended by Clause 43 Article 1 of this Law, shall apply to applications for registration of industrial property do not have a notice of appraisal results before the effective date of this Law;
- Regulations of Articles 86, 86a, 133a, 135, 136a, 139, 164, 191, 191a, 191b and 194 of the Law on Intellectual Property, which are amended by Clauses 25, 52, 53, 54, 55, 66, 74 and 75 Clause 1 of this Law, shall apply to inventions, industrial designs and layout designs that are results of science and technology missions funded by state budget that are assigned from the effective date of this Law.
Rights and obligations to industrial designs that are parts of products used for assembly of complex products under protection titles applied for before August 01, 2020 will apply regulations of law that are effective before the effective date of this Law.
The basis for invalidation of protection titles shall be applied in accordance with effective laws on grant of these protection titles.
Individuals who are granted industrial property representation service practising certificates before the effective date of this law may keep practicing under the granted certificates. Individuals who have passed the examination on industrial property representation profession organized by competent authorities before the effective date of this Law will be granted industrial property representation service practising certificates in accordance with Law on Intellectual Property No. 50/2005/QH11, which is amended by Law No. 36/2009/QH12 and Law No. 42/2019/QH14.
Applications for protection of plant variety rights have been submitted to competent authorities before the effective date of this Law will continue to be processed in accordance with regulations of law that are effective when they are submitted. Individuals who are granted plant variety right representation service practising certificates before the effective date of this Law may keep practicing under the granted certificates.
Unsolved lawsuits over infringement of intellectual property rights accepted by competent authorities before the effective date of this Law will be handled in accordance with provisions of Law on Intellectual Property No. 50/2005/QH11, which is amended by Law No. 36/2009/QH12 and Law No. 42/2019/QH14.