New policies of intellectual property law take effect from 2023
The revised Law on Intellectual Property was approved by the 15th National Assembly at its third session on June 6, 2022, and officially took effect from January 1, 2023. Inco Minh Anh Law Firm would like to summarize for customers to note as follows:
Firstly: is a policy to ensure clear regulations on authors, copyright holders, performers, related rights holders in cases of assignment and transfer of Copyright (QTG), related rights related to copyright (QLQ). Accordingly, the regulations related to the identification of property rights holders (owners, authors, performers) are specified more clearly and specifically, helping the process of transferring ownership, Transfer of use rights in transfer contracts, transfer of copyrights and related copyrights is more convenient. The highlight of the draft Law is the provision allowing the transfer of some moral rights under agreement (naming agreement, work modification) in accordance with the characteristics of the field of copyright in order to solve problems. exist in practice in the past time such as the case where there is a need to change the name of a work, modify or upgrade a computer program, etc.
Second, policy incentives to create, exploit and disseminate inventions, industrial designs, layout designs, plant varieties created from scientific and technological tasks using the state budget.
Accordingly, the law provides for 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 voluntarily. without compensation, and at the same time, have a reasonable benefit sharing mechanism between the State, the lead agency and the appropriate author. This regulation not only overcomes the current shortcomings in the registration and exploitation of intellectual property rights objects invested by the state, but also is a push to encourage subjects to do scientific research and tasks. technology to actively register and exploit created inventions, industrial designs, layout designs and plant varieties; promote cooperation relationships with enterprises to transfer technology, commercialize and attract a lot of investment capital to develop and research products, thereby reaping many economic benefits as well as achieving the objectives. social security spending.
Thirdly, the policy helps to facilitate the process of implementing procedures for registration of international law, management, and establishment of industrial property rights.
Accordingly, whether the right is automatically established without registration (in the field of international law, international law) or must be registered (in the field of industrial property), the regulations related to procedures, time limit, profile components, etc., continue to be perfected in the direction of compactness, speed, convenience and transparency to encourage and increase registration activities, establish intellectual property rights in order to create a solid basis and evidence. sure in identifying right holders and protected objects, as a premise for the exploitation of rights as well as the enforcement of rights in the future.
Some specific amendments include: creating a legal basis for organizations and individuals to register online for QTG and QLQ; stream third-party opinions to speed up the application examination process; simplify the industrial design description; limit security controls on inventions; permission to delay publication of industrial design applications; supplementing a number of specific provisions on complaint settlement procedures in the field of industrial property.
Amending regulations on assessment in the direction of clearly defining the scope between intellectual property assessment and judicial assessment of intellectual property.
Fourth, the policy ensures an adequate and balanced level of protection in the protection of intellectual property rights.
Accordingly, regulations related to the protection and enforcement of intellectual property rights are revised and improved to ensure an adequate and balanced level of protection between the interests of the right holder and the other party. is the right to use and access knowledge and technology of society. Detail:
Supplementing a number of exceptions that do not infringe on the World Copyright, QLQ, limits of QT, QLQ in order to ensure the harmonization of interests between the copyright holder and the organizations and individuals exploiting, using and enjoying the public. access to the work, ensuring the implementation of international commitments and in accordance with the practical conditions of Vietnam.
Adding a number of regulations to control inventions using genetic resources and traditional knowledge about genetic resources; supplementing a number of grounds for invalidation or invalidation of protection titles (inventions, trademarks); handling conflicts between trademarks and plant variety names, and objects of QTG and QLQ; amending regulations on subjects for geographical indications; clarify the conditions considered as unfair competition between domain names and pre-existing trademarks, trade names or geographical indications.
Fifth, policies to increase the effectiveness of support activities on intellectual property.
The amendments aim to promote support activities for the intellectual property system (including representative and assessment activities), specifically amending and supplementing a number of regulations in a more open direction to create more transparency. competition in providing representation services (dividing representatives by field; loosening the conditions for being granted a representative practice certificate depending on the