Comments on the Law amending and supplementing several articles of the Law on Intellectual Property

Posted at: MONday - 11/11/2019 09:57 - post name: Cộng tác viên

 
PhD. Phan Tung Mau – Vice President of VUSTA gave opening speech

PhD. Phan Tung Mau – Vice President of VUSTA gave opening speech

On July 10th, under the chair of Vice President Phan Tung Mau, the Vietnam Union of Science and Technology Associations (VUSTA) organized a workshop to collect comments on the Draft Law amending and supplementing several articles of the Law on Intellectual Property.

Speaking at the workshop, Dr. Phan Tung Mau - Vice President of the Vietnam Union of Science and Technology Associations (VUSTA) expressed that the Law on Intellectual Property had been passed by the National Assembly of the Socialist Republic of Vietnam since 2005 (Law No. 50/2005/QH11), coming into force since July 1st 2006, amended and supplemented since 2009 (Law No. 36/2009/QH12) and 2019 (Law No. 42/2019/QH14) (hereinafter referred to as Law on Intellectual Property) is an important legal document, regulating social relations on a kind of special asset - intellectual property.

Through over 10 years of implementation, the Law on Intellectual Properties has played a great role in creating a legal corridor for organizations and individuals to establish, exploit and protect intellectual property rights, create a healthy business environment for production and business activities, and contribute to encouraging creativity activities, promoting technology transfer, attracting foreign investment and promoting socio-economic development of Vietnam. However, the reality of implementation for more than 10 years, together with the extensive international integration of Vietnam over the past time shows that there are certain obstacles and shortcomings of the Law that need to be amended and supplemented to meet practical requirements and requirements for administrative procedure reform, as well as to ensure the implementation of Intellectual Property commitments in FTAs to which Vietnam is a party to negotiate or sign. Therefore, the Law amending and supplementing several articles of the Law on Intellectual Property is essential. 

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Mrs. Do Thi Hanh – Department of Intellectual Property presented the contents of amending, supplementing the Law on Intellectual Property

In presenting the contents of amending and supplementing the Law on Intellectual Property, Mrs. Do Thi Hanh, Department of Intellectual Property of Vietnam, said the objectives of the Draft law on copyright and related rights are to amend and supplement the contents of copyright and related rights set out by the Law on Intellectual Property in order to overcome problems and shortcomings in practice, and to ensure stability, uniformity, synchronization, transparency, feasibility, accessibility, validity and effectiveness of law provisions on copyright and related rights in order to effectively serve the cause of economic, cultural and social development of Vietnam
Regarding industrial property rights, the Draft aims at meeting the conditions for the effective operation of intellectual property under the investment by the State through specific provisions on the right to file applications for registration of patents, industrial design and layout design created from state budget; complete the provisions on procedures for facilitating the quick and effective establishment and maintenance of industrial property rights for patents and industrial designs, and for handling comments of third parties as well as for adopting provisions on complaints and settlement thereof in the field of industrial property.

Regarding the property rights for plant varieties, the Draft aims to meet the adequate and balanced protection of the interests of both rights holders and society through rationalizing the property right protection mechanism for plant varieties (expanding protection subjects and limiting the rights to hold seeds and seedlings).

Regarding the enforcement of intellectual property rights, it aims at ensuring the effective, reasonable and feasible protection of intellectual property rights through strengthening civil measures, narrowing the scope of application of administrative measures, and improving the regulations on the enforcement of rights in the digital environment, handling domain names violating of Law on Intellectual Property, as well as regulations on the application scope of border control measures. 

 In the opinion of Assoc. Dr. Dang Ngoc Dinh - Centre for Community Support Development Studies (CECODES), the Proposal should explain why the Law on Intellectual Property is amended and supplemented twice a year while the National Assembly has approved the amended Law (Law No. 42/2019/QH14 of the National Assembly amending and supplementing a number of articles of the Law on Insurance Business and the Law on Intellectual Property) which consists of Article 2 regulating the amendments on intellectual property), especially when the amending and supplementing Law 2019 has not yet come into effect.

Also, according to Assoc. Prof. Dinh, in order to easily follow and increase the persuasiveness of the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property (attached to the Proposal), it is necessary to present a summary Appendix in the form of Table of content, which show the contents of the articles in the following order: (i) amendments; (ii) supplement, and arranged by comprehension: (i) Industrial property; (ii) Copyright; and (iii) New plant varieties; at the same time, compare those with the corresponding contents in Law 2005 and the amendments 2009 and 2019. 

Additionally, in the opinion of Assoc. Prof. Dr. Doan Nang - Former Director of Department of Legislation, Ministry of Science and Technology, firstly, regarding copyright and related rights, it is required to amend the provisions related to the rights of authors and holders of copyrights and related rights, “certify” registrations of copyrights and related rights, term of protection, right protection measures, operations of representative and consultancy organizations and service providers of copyright and related rights; 

Secondly, regarding industrial property rights, it is required to supplement specific provisions on the right to file applications for registration of patents, industrial design and layout design created from state budget; complete the provisions on procedures for facilitating the quick and effective establishment and maintenance of industrial property rights for patents and industrial designs, and for handling comments of third parties as well as for adopting provisions on complaints and settlement thereof in the aspects of industrial property; amend and supplement the regulations on patent protection mechanism (criteria for assessing protection conditions and conditions for invalidation of protection titles); make trademark evaluation criteria (conflict with other  Intellectual Property objects, assessment of well-known brands) more transparent; determine the protection scope for homonymous geographical indications; complete protection standards for non-traditional brands, and agrochemical data protection mechanism to meet obligations in FTAs; supplement more provisions to improve the quality of  Intellectual Property representation based on the sectoral management structure; expand Intellectual Property assessment activities for qualified organizations and individuals..

Thirdly, regarding the property rights for plant varieties, it is required to meet the adequate and balanced protection of the interests of both rights holders and society through rationalizing the property right protection mechanism for plant varieties (expanding protection subjects and limiting the rights to hold seeds and seedlings).

Fourthly, regarding the protection of intellectual property rights, it is required to amendment and supplement more provisions to strengthen civil measures, narrowing the scope of application of administrative measures, and improving the regulations on the enforcement of rights in the digital environment, handling domain names violating of Law on intellectual property, as well as regulations on the application scope of border control measures.

At the workshop, the delegates discussed and gave many comments, but proposed that the Draft Law should be submitted to the Government by October 2019 so that the Government proposes the Program on changing Law on Intellectual Properties to submit to the Standing Committee of the National Assembly by March 2020. If approved, the Draft Law should be finalized by 2020 to be submitted to the Government by early 2021, and then submitted to the National Assembly for approval by 2021.

 

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The delegates discussed and gave opinions

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The scene of the workshop

Author: HT
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