As the last days of 2022 are approaching, the Intellectual Property Law is about to receive the Law amending and supplementing a number of articles of the National Assembly after being approved by the National Assembly on June 16, 2022. January 1, 2023 will officially come into effect.
The IP Law, which has been in effect since 2005 and was amended and supplemented in 2009 and 2019, has promoted its role in regulating legal relations relating to property, particularly intellectual property rights. However, practical implementation, combined with Vietnam’s extensive international integration in recent years, demonstrates that the IP Law still has some shortcomings.
As a result, amending and supplementing this IP Law is an urgent requirement for Vietnam’s socioeconomic development, with the goal of creating a strong motivation for research and innovation, as well as ensuring a complete and effective legal framework for the protection, exploitation, and protection of IPRs.
Changes in the revision
In the latest revision, the range of content changed is quite wide, with more than 100 being amended and supplemented. The Law has received the attention and comments of the National Assembly deputies on many contents.
This content is revised towards clearer and more detailed regulations, with the granting of the right to register inventions, industrial designs, layout designs, plant varieties created from the state budget freely. activities and does not reimburse the organization directly chairing the Law, thereby aiming to encourage the transformation of research results into IPR protected assets, creating a premise for commercial exploitation of these resources. This product in the market is more efficient.
Specifically, the content of the amendment of the IP Law focuses on the following 7 major policy groups:
- Ensure clear regulations on authors, copyright holders, performers, related rights holders in cases of assignment, transfer of copyright and related rights
- To 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.
- To facilitate the process of carrying out procedures for registration of copyright and related rights, and procedures for establishing industrial property rights.
- Ensure an adequate and balanced level of protection in IP rights protection.
- Enhance the effectiveness of IP support activities. Amendments to promote support activities for the IP system include representation, assessment, etc.
- Improve the effectiveness of IPR protection activities. Regulations related to the enforcement of rights are revised to ensure that the IPR protection mechanism is more effective, reasonable and feasible.
- Ensure full and serious implementation of Vietnam’s international commitments on IP protection in the integration process.
Expectations with the Law on Amending and Supplementing the Intellectual Property Law
The Law amending and supplementing a number of articles of the Law on Intellectual Property officially put into effect is expected to promptly respond to Vietnam’s socio-economic development, as well as create motivation. for research and innovation activities, ensuring an adequate and effective legal framework for the protection, exploitation and protection of IPRs.
At the same time, this is also a tool to attract investment and improve the competitiveness of enterprises in particular and Vietnam in general.