In the trend of integration and globalization, along with Vietnam’s participation in many international treaties to promote creativity, exploitation and use of intellectual property products, and law enforcement in the country. and international integration, the Law on Intellectual Property of Vietnam was promulgated in 2005, amended and supplemented in 2009 and 2019, and continues to be adjusted and revised by the National Assembly in 2022. With these new and updated regulations, Law on Intellectual Property Law amended in 2022 will contribute to creating a safe and healthy environment of business for production and business activities of individuals, organizations and enterprises, as well as encouraging creative activities, and promoting technology transfer technology, attracting foreign investment, promoting the country’s socio-economic development. Therefore, this article will summarize the prominent and important contents related to the changes in the Law amending the Law on Intellectual Property of Vietnam in 2022 in terms of 02 groups: copyright, and Industrial property rights.
Regarding the effect of the Law, Law amending the Intellectual Property Law 2022 will take effect from 1st January, 2023. However, separately, the regulations on sound trademarks will take effect from 14th January, 2022, and regulations on the protection of test data for agricultural chemicals will take effect from 14th January, 2024.
Regarding updated contents, the Law Amending the Law on Intellectual Property in 2022 is adjusted and supplemented with the following provisions:
2.1 New concepts added and adjusted in Articles 4 and 12, 36 of the Law on Intellectual Property:
2.2 New updates on copyright and related rights
2.3 New updates on the industrial property rights
With respect to the group of industrial property rights, the corresponding objects in the previous Law on Intellectual Property were also adjusted accordingly, such as:
a. Patents: the novelty concept is adjusted in relation to cases where the patents can be disclosed in an application with an earlier filing date or priority.
b. Sound trademarks: the concept of a sound trademark is added in Clause 1, Article 72 of the Law on Intellectual Property amended in 2022 to internalize the provisions of national law suitable for international treaties such as CPTPP. In particular, “aural sign displayed in graphic form” is considered a new sign of a protected mark according to the provisions of Vietnamese law.
c. Common trademarks: the distinctive signs of a mark in Article 74 of the Intellectual Property Law are also adjusted accordingly.
d. Well-known trademark: adjusted towards the selection from some or all of the criteria specified in Article 75 of the Intellectual Property Law to consider and recognize a trademark as a well-known trademark case by case.
e. Geographical Indications: The concept of “Homonymous Geographical Indications” has been added to clarify the possibility of protection if the actual use of such geographical indications does not mislead consumers as to the geographical origin of the product bearing geographical indications.
f. Objects that are patents, industrial designs and layout designs that are the result of scientific and technological tasks using the Government’s budget, in Article 133 (a) are added in the direction of granting registration rights to the chairing organization automatically and without compensation. At the same time, a mechanism for reasonable distribution of benefits between the State, the lead agency and the author in accordance with the spirit of Resolution No. 20-NQ/TW of the Government. The 6th Conference of the 11th Party Central Committee is also issued accordingly.
g. In addition, regulations on the order and procedures related to invalidation of protection titles, revocation of protection titles, registration of industrial designs and geographical indications, refusal to grant protection titles, and complaints related to industrial property rights procedures are also adjusted appropriately and facilitated the implementation of administrative procedures.
2.4 New updates on regulations related to the implementation of the Law on Intellectual Property.
a. The right to self-protection in Article 198 of the Law on Intellectual Property supplementing contents related to technology and information management measures to ensure enforcement in the digital environment, in line with international commitments.
b. The administrative and criminal rights protection measures are adjusted and supplemented as follows:
c. Measures to control import and export goods related to intellectual property in Article 216: In addition to the request of the right holder, the Law on Intellectual Property also adds the option of actively suspending customs procedures if in the course of checking, Customs authorities discover clear grounds to suspect that imported or exported goods are counterfeit intellectual property goods. This measure is supplemented to improve the effectiveness of IPR protection activities.
In summary, it can be seen that the Law on Amending the Intellectual Property Law in 2022 has updated and adjusted a lot of new regulations to match Vietnam’s commitments to international treaties to which Vietnam is a member and support the integration process and applying new regulations and international practices in Vietnam. Therefore, relevant rights holders, organizations and individuals should pay attention to promptly adjust their business plans for best protection of their intellectual property rights and avoid infringements upon the rights of other holders when running their business and implementing commercial activities.
The article is based on applicable law at the time noted as above and may no longer be appropriate at the time the reader approaches this article as the applicable law has changed and the specific case that the reader wishes to apply. Therefore, the article is only for reference.