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Notice of National Day Holiday
Notice of National Day Holiday
30/08/22
647
We would like to inform that ELITE LAW FIRM will be closed from September 01, 2022 (Thursday) to September 02, 2022 (Friday) for National Day of Vietnam....
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WORLD INTELLECTUAL PROPERTY DAY – ABOUT THE THEME
WORLD INTELLECTUAL PROPERTY DAY – ABOUT THE THEME
07/04/22
863
Every April 26, we celebrate World Intellectual Property Day to learn about the role that intellectual property (IP) rights play in encouraging innovation and creativity. World Intellectual Property 2022 recognizes...
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INTA Releases Report on Strengthening ASEAN Anticounterfeiting Enforcement Efforts
INTA Releases Report on Strengthening ASEAN Anticounterfeiting Enforcement Efforts
07/02/22
902

Published: January 12, 2022

Source: https://www.inta.org/inta-releases-report-on-strengthening-asean-anticounterfeiting-enforcement-efforts/

INTA recently published a research report that looks at current intellectual property (IP) enforcement efforts in Southeast Asia and provides 62 recommendations for governments in the ASEAN region and elsewhere that are seeking to bolster IP protection in their jurisdictions.

The report, entitled Research Report on the Best Practices to Initiate, Continue, or Revitalize IP Enforcement Efforts: A Focus on Trademark Anticounterfeiting, is written by former Director General of the IP Office of the Philippines, Ricardo Blancaflor. It focuses on Cambodia, Malaysia, the Philippines, Singapore, and Thailand.

The paper has been produced for INTA to promote improvements to IP protection in Southeast Asia. Members of INTA’s Anticounterfeiting Committee, Asia-Pacific Subcommittee reviewed and provided input on initial drafts.

In opening remarks at a virtual ceremony marking the report’s publication on December 14, INTA 2021 President Tiki Dare noted, “Mr. Blancaflor’s paper provides valuable insight into the best practices for IP enforcement across the region, showcasing specific initiatives across several ASEAN member states.  As ASEAN and the world recover from the pandemic, policy makers will be focusing on areas for sustainable, resilient growth. The best practices identified here will help.”

At the ceremony, Mr. Blancaflor said that his paper had been several years in the works and advised that IP legislation must keep up with technology and emerging issues such as e-commerce and the COVID pandemic. “Most of the time, legislators will be two steps behind criminal counterfeiters, if they are not proactive,” he said.

He noted as an example that IP legislation amendments in the Philippines is currently under consideration in Congress.

Among the recommendations outlined in the report, the top seven best practices are the following:

  • First, countries should implement sound, pertinent legislation that properly disincentivizes infringement, such as by instituting high penalties.
  • Second, a transparent, experienced, and efficient judicial system is key to successful enforcement efforts. The report explains that legislation lacks teeth if the judicial system is not sufficiently staffed with trained judges and prosecutors that can properly handle cases.
  • Third, government should take a holistic approach, even when there are specialized IP enforcement agencies. No one agency can carry the burden alone, whether Customs at the border, or internally with police or administrative authorities. Forming a multi-agency body is essential to gather all the relevant skills and mandates to fight IP crime.
  • Fourth, high-level public support will help prioritize efforts to protect IP. As noted in the research paper, the late King of Thailand, His Majesty King Bhumibol Adulyadej, took up the issue of IP, and was even awarded with the World Intellectual Property Association’s first Global Leader Award in 2007.
  • Fifth, countries should link economic success to IP—in particular, to IP enforcement. Many countries in Southeast Asia do not conduct extensive research on the impact of IP on the economy, and, as a result, policy makers do not recognize the importance of IP.
  • Sixth, technology and emerging issues need to be anticipated and addressed. E-commerce has been a major area of development for businesses but it also presents many serious problems for brand owners relating to the sale of counterfeit goods.
  • Finally, putting all the pieces together, countries need to implement IP enforcement programs. Even where IP offices do not have a remit on enforcement, they can champion efforts on the enforcement of the rights they are registering and recognizing.

The launch ceremony concluded with a discussion by a panel of experts on the trends in IP protection, the various motivating factors for action on IP matters, and the implications of the report in their countries.

The panelists were Editha R. Hechanova, managing partner, Hechanova Bugay Vilchez & Andaya-Racadio (Philippines); Justisiari P. Kusumah, managing partner, K&K Advocates – Intellectual Property (Indonesia); Wiramrudee Mokkhavesa, partner, Tilleke & Gibbins (Thailand); and Yen Vu, principal and country manager, Rouse (Vietnam).

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

 
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Govt proposes cutting VAT from 10% to 8%
Govt proposes cutting VAT from 10% to 8%
19/01/22
39351

This is part of the content in the Resolution on fiscal and monetary policies to support the Socio-economic Recovery and Development Program recently approved by the National Assembly.

According to sources from Investors, on the afternoon of January 11, the National Assembly agreed to reduce the value-added tax rate (VAT) by 2% in 2022, applicable to groups of goods and services currently subject to VAT of 10%.

This reduction will not apply to groups of goods and services including: telecommunications, information technology, financial activities, banking, securities, insurance, real estate business, and commodity products. and services subject to excise tax…

This is part of the Resolution on fiscal and monetary policies to support the Socio-economic Development and Recovery Program. The Resolution takes effect from today until the end of December 31, 2023.

Previously, according to Tuoi Tre, the Government proposed to reduce VAT from 10% to 8%. The Government assesses that economic growth in both years 2020-2021 is very low in recent years, production and business activities face many difficulties, especially in 2021 when many fields are severely affected. masonry.

“The epidemic not only affects in the short term, but also in the medium and long term, the 5-year and 10-year growth targets. If there are no solutions to support the economy, the average growth rate forecast for the period 2021 – 2025 will only reach 5.4%/year, lower than the set target.

It is known that in addition to reducing VAT by 2%, the National Assembly also agreed to increase development investment spending from the state budget to a maximum of 176,000 billion VND, concentrated in the two years 2022 and 2023. Accordingly, interest rate support. for enterprises, cooperatives, business households (2%/year) up to 40,000 billion VND through the system of commercial banks for a number of important industries and fields, enterprises, cooperatives, households business that has the ability to repay debts and recover; loans to renovate old apartment buildings, build social housing, houses for workers to rent and rent to buy.

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The News of intellectual property in September 2021
The News of intellectual property in September 2021
05/10/21
835

a. The Project of amending and supplementing some articles of the Law on Intellectual Property: Eligible to be submitted to the National Assembly of the Socialist Republic of Vietnam for approval

On the afternoon of September 14, 2021, under direction and moderation of Mr. Nguyen Khac Dinh – the Vice Chairman of the National Assembly, for the continuation of the program of the 3rd session The National Assembly Standing Committee, discussed and contributed opinions on the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property (“Draft IP Law”). The National Assembly Standing Committee agreed that the Draft IP Law was eligible to be submitted to the National Assembly for consideration and discussion for the first time at the  coming 2nd Session of the National Assembly.

At this session, the National Assembly Standing Committee heard to Mr. Huynh Thanh Dat – the Minister of Science and Technology (MOST) presenting the Government’s proposal on the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property and then heard the report on preliminary review of the Law project of the Law Committee of the National Assembly and discussed about this issue.

Having concluded the content of the program of the third session under the direction of Mr. Nguyen Khac Dinh – the Vice Chairman of the National Assembly, the National Assembly Standing Committee found that the law project dossier was prepared meticulously, thoughtfully, in accordance with regulations, with complete attached documents and ensure progress as required. The examination dossier was also prepared thoughtfully, thoroughly, seriously and in consultation with experts and scientists, of good quality and relatively sufficiency and comprehensive, basically agreed and appreciated by the drafting body. The National Assembly Standing Committee considered that the law project was eligible to be submitted to the National Assembly for consideration for the first time at the second Session of the National Assembly (about at the end of this 2021).

Regarding the issues the Government consulted, the National Assembly Standing Committee proposed to keep the name of the law as the Law on amending and supplementing a number of articles of the Law on Intellectual Property as defined in the Law-making Program and because this name was also consistent with the content that the Government are submitting.

Regarding the right to register inventions, industrial designs, layout designs which are the results of scientific and technological tasks using the state budget, the Standing Committee agreed with the plan to assign the registration right to the organization chairing the research, except for subjects in the field of national defense and security. At the same time, it is required to absord, explain and clarify the application of this mechanism to groups of copyright and related rights and to plant varieties; further clarify the mechanism for reasonable distribution of benefits between the State, the organization chairing the research and the author in the spirit of Resolution No. 20-NQ/TW of the Party and continue to review relevant laws to ensure uniformity and consistency.

On the issue of narrowing the violations of intellectual property rights that are administratively sanctioned, the National Assembly Standing Committee basically agreed with the examination content of the Standing Law Committee on not agreeing to narrow the violations of intellectual property rights that are administratively sanctioned but keep the current regulations.

The Vice Chairman of the National Assembly Mr. Nguyen Khac Dinh also proposed that the drafting body and the examining body continue to review specific groups of regulations, noting the groups of contents mentioned by the Chairman of the National Assembly; at the same time, further clarify the issue of continuing to reform administrative procedures in the registration of industrial property rights; review more contents on digital transformation, intellectual property, artificial intelligence, security control when transferring technology abroad.

On the basis of opinions of the National Assembly Standing Committee and examination opinions, the Government shall continue to study, absorb and complete the Draft Law with specific provisions, complete the Proposal and the law project dossier to send to the Law Committee for official examination to ensure the progress and time according to regulations./.

b. Amending and supplementing a number of regulations on e-commerce

The Government has just issued Decree No. 85/2021/ND-CP amending and supplementing a number of articles of Decree No. 52/2013/ND-CP dated May 16, 2013 of the Government on e-commerce.

According to the new regulations, when introducing goods and services on the website, the seller must provide information so that the customer can accurately identify the characteristics of the goods and services in order to avoid misunderstanding when deciding to enter into a contract.

Information on goods published on the website must include mandatory contents shown on goods labels according to the regulations of the law on goods labels, except for information that is product-specific, such as date of manufacture; expiry; production batch number; the frame number of the machine.

Sellers of goods and services that must satisfy investment and business conditions on the list of conditional investment and business lines must publish the number, date and place of issuance of the license or the certificate of eligibility, the confirmation document, or other forms of documents as prescribed by law on business conditions of such business lines.

Forms of operation of e-commerce trading floor

Decree No. 85/2021/ND-CP also stipulates the forms of operation of e-commerce trading floor, including: Website allowing participants to open booths for display and introduction of goods or services;

Website allowing participants to open accounts to perform the process of entering into contracts with customers;

Website that has a sale and purchase section permitting participants to post news of sale and purchase of goods or services;

Social network that has one of the forms of operation specified above and whose participants directly or indirectly pay a fee for the performance of such activities.

Supplementing responsibilities of traders

Regarding the responsibilities of traders and organizations providing e-commerce trading floor services, the Decree supplements regulations for e-commerce trading floors with online ordering function, in addition to the previous responsibilities, traders and organizations providing e-commerce trading floor services are also responsible for: Designating a focal point to receive requests and provide online information to state management agencies about subjects showing their signs of law violation; this focal point shall provide information within 24 hours from the date of receiving the request to promptly serve the inspection, examination, handling of violations and settlement of complaints and denunciations;

Representing foreign sellers on e-commerce trading floors to settle consumer complaints related to goods and services provided by foreign traders and informing tax obligations of foreign sellers when they participate in e-commerce trading floors in accordance with Vietnamese law;

Acting as the focal point for receiving and settling consumer complaints in case a transaction is performed on an e-commerce trading floor with more than 2 parties involved;

Storing information about order transactions made on the e-commerce trading floor in accordance with the law on accounting;

Jointly compensating for damage in case of breach of obligations specified in Clauses 8, 9 of Article 36 that causing damage.

c. News about handling smuggled medical products

Facing the extremely stressful and unpredictable Covid-19 pandemic situation in Vietnam, there have been a number of individuals and businesses taking advantage of this situation to make profits by illegally importing untested and unqualified medical products to sell to the domestic market, affecting the health of consumers.

 

On September 2, the Market Surveillance Unit No. 7 of Quang Binh Province Market Surveillance Agency conducted an inspection of Ha Thanh Pharmaceutical And Trading Business Company Limited, whose legal representative is Mr. Mai Tuan Vu, and discovered and seized 1,000 Covid-19 quick test kits. Through inspection, the functional force discovered that at the store there were 1,000 Covid-19 quick test kits manufactured by Korea without legal invoices and documents proving the legitimacy of the goods. The Company representative was unable to present the product’s registration number. The Market Surveillance Unit No. 7 has completed the documents, temporarily seized all the above-mentioned exhibits for further verification, clarification and handling according to regulations of the law.

 

On September 4, the police of Bac Tu Liem district, Hanoi city caught a suspect delivering goods in Phu Dien ward with many suspicious expressions. Through inspection, the functional force discovered that the suspect was delivering 1,000 Covid-19 prevention and treatment drugs with Russian words without any legal invoices. The suspect claimed that he was hired by a person named Thuy to deliver the goods to customers. By professional measures, the Economic Crime Department of Bac Tu Liem District Police summoned Mr. Thuy to the police station. At the police station, Mr. Thuy admitted that the above Covid-19 treatment drugs were collected from online sources to sell for profit. If the sale goes well, they can earn about 100 million dong. Currently, the Economic Crime Department of Bac Tu Liem District Police has temporarily seized all of the above goods for investigation and handling according to regulations of the law.

 

On September 14, through tracking on e-commerce platforms, the Market Controller of Tuyen Quang Province discovered that an individual was selling a large number of medical masks through a facebook account with signs of violating legal regulations in the field of commerce. In a short time, by professional measures, the functional force have identified the object and his address, so an inspection was carried out. At the time of inspection, the inspection team discovered that there were 13,350 4-layer medical masks packed in paper boxes (50 pieces each). The shop owner failed to present legal documents and invoices proving the legitimacy of the goods. It is known that this store sells household goods, but due to the complicated situation of Covid-19 disease, the shop owner bought medical masks of unknown origin from an unknown person to post on social networks to sell for profit. With the above signs of violation, the inspection team made a record of custody of all the infringing goods and summoned the shop owner to the headquarters of the Market Surveillance Unit No. 1 to verify and clarify the violations in the field of commerce in accordance with regulations of the law.

On the afternoon of September 16, the Market Surveillance Unit No. 1 of Nghe An Province Market Surveillance Agency conducted an unexpected administrative inspection of a truck and discovered that this vehicle was transporting 3,500 3M mask products with signs of smuggling. At the time of inspection, the vehicle owner could not present legal invoices or documents proving the origin of the shipment. The total value of the shipment is estimated at about VND 24,500,000. the Market Surveillance Unit No. 1 has administratively sanctioned the owner of the vehicle VND 8,000,000 and confiscated the entire infringing shipment.

 

d. News about handling counterfeit goods

 

Implement the plan to fight and prevent counterfeit goods, goods of unknown origin and goods infringing intellectual property rights for the period of 2021-2025, issued together with Decision No. 68/QĐ – QLTT dated May 12, 2021 of Thua Thien Hue Province Market Surveillance Agency, the Market Surveillance Unit No. 3 has strengthened the supervision of goods in key areas and routes. And recently, on September 14, the Market Surveillance Unit No. 3 coordinated with Huong Thuy Town Police to investigate and discovered that there were 681 jacket products without legal invoices and documents, of unknown origin, with signs of counterfeiting of Adidas, Chanel and Louis Vuitton and Burberry brand, containing in 02 sacks gathered at the roadside of the National Highway 1A, which was on the territory of village 1B, Thuy Phu commune, Huong Thuy town, Thua Thien Hue province with an estimated value of about VND 150 million. The Market Surveillance Unit No. 3 has temporarily seized all of the above goods for verification, clarification and handling according to regulations of the law.

 

On September 23, the Inter-sectoral Working Group against Smuggling in An Giang Province conducted an inspection of the business household named “Van Song” at No. 50, Dong Da Street, Chau Phu A Ward. Through inspection, the Working Group discovered over 2,400 products including hair spray, nail polish, hair dryer, face mask, etc. of unknown origin, without valid invoices and documents. At the time of inspection, the representative of the business household could not present valid invoices and documents of the above goods. The Working Group has made a record of custody for further investigation and clarification.

 

At about 13:00 on the same day, the Working Group continued to inspect the business household named “Thanh Ha 1”, at No. 29, Dong Da street, Chau Phu A ward and detected and made a record of custody of more than 600 bottles of hairspray, perfume, nail polish; 53 hair clippers, curlers and 120 hair wax boxes, of unknown origin and of foreign origin but without valid invoices and documents. The owner of the business household could not present valid invoices and documents of the above goods, so the Working Group made a record of custody for further verification and clarification.

Keywords: Elite, Intellectual Property, Bulletin Trademark, Infringement Counterfeit Goods E-commerce, Amendments to the Law on Intellectual Property

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THE PROJECT OF AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY: ELIGIBLE TO BE SUBMITTED TO THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM FOR APPROVAL
THE PROJECT OF AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY: ELIGIBLE TO BE SUBMITTED TO THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM FOR APPROVAL
16/09/21
803

THE PROJECT OF AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY: ELIGIBLE TO BE SUBMITTED TO THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM FOR APPROVAL

Source: Portal of the National Assembly of The Socialist Republic of Vietnam

Translated by ELITE LAW FIRM

On the afternoon of September 14, 2021, under direction and moderation of Mr. Nguyen Khac Dinh – the Vice Chairman of the National Assembly, for the continuation of the program of the 3rd session The National Assembly Standing Committee, discussed and contributed opinions on the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property (“Draft IP Law”). The National Assembly Standing Committee agreed that the Draft IP Law was eligible to be submitted to the National Assembly for consideration and discussion for the first time at the coming 2nd Session of the National Assembly…

At this session, the National Assembly Standing Committee heard to Mr. Huynh Thanh Dat – the Minister of Science and Technology (MOST) presenting the Government’s proposal on the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property and then heard the report on preliminary review of the Law project of the Law Committee of the National Assembly and discussed about this issue.

 

The Vice Chairman of the National Assembly, Mr. Nguyen Khac Dinh, said in the discussion section that the Law on Intellectual Property has a wide governing scope, with deep and complicated specialized contents. Therefore, the Standing Committee of the National Assembly spent a lot of time for discussion of this Draft Law. In which, these following issues were taken into account: whether the Law project is eligible for submission to the National Assembly; the scope of the subject matter of the Draft Law; issues about the draft Law that the Government has consulted; the conformity of the content of the Draft Law with the line and policies of the Party; constitutionality, legitimacy, consistency of the Draft Law with the legal system and compatibility with relevant international treaties; the feasibility of regulations in practice to meet the requirements of innovation and development.

 

Request for change of name of the Law was not approved

 

Mr. Huynh Thanh Dat – the Minister of Science and Technology said that the Draft Law shall amend and supplement 93 articles (of which 12 articles shall be newly added, 81 articles shall be amended) and 01 article shall be annulled according to the Draft,  increasing the total number of articles of the Law on Intellectual Property after amendment to 233 articles (from the current 222 articles), belonging to 7 groups of policies that have been approved.

 

 

With the reason that the number of articles amended and supplemented is 93 articles out of 222 articles (accounting for 41%) and the addition of many contents and references leads to unfavorable conditions for the dissemination, propagation and application of the Law in practice, the Minister of Science and Technology said that the Government has submitted to the National Assembly for consideration of change of the project name from “Law on amending and supplementing a number of articles of the Intellectual Property Law” to “Law on Intellectual Property (amended)”.

 

In addition, the Government also consulted on regulations on the right to register inventions, industrial designs and layout designs which are the results of scientific and technological tasks using the state budget and regulations on sanctioning administrative violations for acts of infringing upon intellectual property rights due to differing opinions in practice.

 

When presenting the report on preliminary examination of the Law project, Chairman of the Law Committee, Mr. Hoang Thanh Tung said that the Standing Law Committee approved the amendment of the Law for the reasons as stated in the Government’s Proposal. Documents of the Law Project have met the requirements specified in Article 64 of the Law on Promulgation of Legal Documents.

 

 

However, the Standing Law Committee did not agree with the proposed name of the Law as “Law on Intellectual Property (amended)” because the proposal to amend the name of the Law was not strong and convinced. For 07 policies presented in the Draft Law, appraisal process and giving it into the Plan of drafing laws and examination, its name is all called as “Law amending and supplementing a number of articles of the Law on Intellectual Property” . If the name is changed to the Law on Intellectual Property (amended), it is necessary to study all 222 articles of the current IP Law in order to have a comprehensive amendment and supplement plan, meeting the requirements of institutionalizing the views and policies of the (Communist) Party on intellectual property issues.

 

Moreover, the remaining time of the law-making process to implement international commitments will create a big challenge for improving, synchronization of the legal document system on intellectual property because the total amendment of the Law will lead to the need to simultaneously study, amend, supplement and replace 44 documents guiding the implementation of the Law on Intellectual Property. In addition, there are 39 other legal documents with provisions related to intellectual property that must also be reviewed and amended to ensure the synchronization.

 

At the discussion session, members of the National Assembly Standing Committee agreed with the need to amend the Law on Intellectual Property. Mr. Le Quang Huy – Chairman of the Science, Technology and Environment Committee (of the National Assembly) emphasized that this amendment is to promptly institutionalize the Party’s guidelines, especially the Resolution of the 13th National Congress of the Communist Party of Vietnam; for international integration, promoting business, production, and service provision at the scale of enterprises as well as across economies. Specially, the amendment of the Law on Intellectual Property this time has a very important motivation to protect the results of creative labor, liberate the creativity and intellectual labor of all employees in the context of The Communist Party of Vietnam is advocating for a fast and sustainable development of the country based on science, technology and innovation.

 

Opinions at the meeting also expressed agreement with the preliminary examination opinion of the Standing Law Committee. Among them are issues on changing the name of the Law, on the right to register inventions, industrial designs and layout designs which are the results of scientific and technological tasks using the state budget and on sanctioning administrative violations for acts of infringing upon intellectual property rights.

 

Accordingly, the Standing Law Committee basically agreed with the plan to assign the registration right to the organization chairing the research automatically and without reimbursement and the organization chairing the research also has the ownership of inventions, industrial designs and layout designs when granted a protection title. However, it is recommended to continue to review and complete this plan in the direction of supplementing and clarifying the “reasonable distribution of benefits between the State, the organization chairing the research and the author” to fully institutionalize the Party’s policy in Resolution No. 20-NQ/TW; study and expand the mechanism of similar ownership assignment for plant varieties, copyrights and related rights; overcome the inconsistency between regulations on registration rights and ownership of results of scientific and technological tasks using the state budget in current laws.

 

At the same time, the Standing Law Committee also said that related to regulations on sanctioning administrative violations for acts of infringing upon intellectual property rights according to the proposal of not applying administrative sanctions for violations of intellectual property rights as to inventions, industrial designs, layout designs, trade names, business secrets and acts of unfair competition but only being handled by civil measures is not reasonable.

 

It is necessary to continue to review and concretize the contents of the Draft Law

Mr. Vuong Dinh Hue – Chairman of the National Assembly assessed the preparation of the Drafting Committee and the preliminary examination report of the Law Committee was prepared meticulously. Mr. Chairman also noted that this Draft Law has made progress, basically institutionalizing the line and policies of the Party and State related to intellectual property. On the other hand, the Draft Law has also directly mentioned and overcome many limitations and shortcomings in terms of copyright, related rights, industrial property rights and protection of plant varieties recently; as well as there are amending and supplementing regulations to be compatible with commitments and international treaties.

 

In order to improve the Draft Law, Chairman of the National Assembly Vuong Dinh Hue demanded the Drafting Committee and the examining body continue to review the following 05 groups of contents:

 

First is regulations on prohibitions.

 

Second, continue to review to complete regulations to ensure compatibility with international treaties.

 

Third, continue to review and carefully consider the significant narrowing of authors’ economic rights of creators/authors because the Draft Law has stipulated quite a few exceptions when using the work without paying royalties or remuneration. This will cause a conflict between copyrights and the right to exploit without paying royalties or remuneration.

 

Fourth, continue to review to complete regulations on the right to register inventions, industrial designs, layout designs, etc., which are the results of scientific and technological tasks using the state budget. Regard this issue, the Chairman of the National Assembly expressed his agreement with the report on preliminary examination, with the plan to assign the registration right to the organization chairing the research automatically and without reimbursement, the organization chairing the research also has the right to own inventions, industrial designs and layout designs when granted a protection title.

 

 

Fifth, continue to study and argue thoroughly on the regulation of narrowing the violations of intellectual property rights that are administratively sanctioned. The Chairman of the National Assembly said that the current regulations have not much obstacles. The civil law relationship and the administrative law relationship are not mutually exclusive. Moreover, administrative measures will be implemented quickly, reducing the compliance costs of the parties, which also affects the business investment environment.

 

In addition, the Chairman of the National Assembly also proposed to consider some more specific contents, consider the addition of regulations on digital transformation that need to be specified in the Law such as online registration and establishment of industrial property rights; online registrability search and online database for search trademark/industrial design.

 

The Chairman of the National Assembly said that the definition of business/trade secret in the Law on Intellectual Property is still quite vague and unclear, and at the same time he proposed a review to consider whether user data is considered as a trade secret or not? If it is, what kind of protection mechanism should there be? In addition, it is also necessary to consider amending and supplementing provisions of the Law on Intellectual Property to recognize and protect types of intellectual property in the digital economy as well as regulations related to the protection of corresponding digital properties in contracts/agreements, including civil, labor contracts, etc.

 

Regarding copyright and copyright registration, it is necessary to clearly define the content of the name of the author to facilitate copyright registrants, especially foreigners; it is necessary to supplement regulations on issue of authorization, especially authorization procedures to facilitate application.

 

Having concluded the content of the program of the third session under the direction of Mr. Nguyen Khac Dinh – the Vice Chairman of the National Assembly, the National Assembly Standing Committee found that the law project dossier was prepared meticulously, thoughtfully, in accordance with regulations, with complete attached documents and ensure progress as required. The examination dossier was also prepared thoughtfully, thoroughly, seriously and in consultation with experts and scientists, of good quality and relatively sufficiency and comprehensive, basically agreed and appreciated by the drafting body. The National Assembly Standing Committee considered that the law project was eligible to be submitted to the National Assembly for consideration for the first time at the second Session of the National Assembly (about at the end of this 2021).

 

Regarding the issues the Government consulted, the National Assembly Standing Committee proposed to keep the name of the law as the Law on amending and supplementing a number of articles of the Law on Intellectual Property as defined in the Law-making Program and because this name was also consistent with the content that the Government are submitting.

 

Regarding the right to register inventions, industrial designs, layout designs which are the results of scientific and technological tasks using the state budget, the Standing Committee agreed with the plan to assign the registration right to the organization chairing the research, except for subjects in the field of national defense and security. At the same time, it is required to absord, explain and clarify the application of this mechanism to groups of copyright and related rights and to plant varieties; further clarify the mechanism for reasonable distribution of benefits between the State, the organization chairing the research and the author in the spirit of Resolution No. 20-NQ/TW of the Party and continue to review relevant laws to ensure uniformity and consistency.

 

On the issue of narrowing the violations of intellectual property rights that are administratively sanctioned, the National Assembly Standing Committee basically agreed with the examination content of the Standing Law Committee on not agreeing to narrow the violations of intellectual property rights that are administratively sanctioned but keep the current regulations.

 

The Vice Chairman of the National Assembly Mr. Nguyen Khac Dinh also proposed that the drafting body and the examining body continue to review specific groups of regulations, noting the groups of contents mentioned by the Chairman of the National Assembly; at the same time, further clarify the issue of continuing to reform administrative procedures in the registration of industrial property rights; review more contents on digital transformation, intellectual property, artificial intelligence, security control when transferring technology abroad.

 

On the basis of opinions of the National Assembly Standing Committee and examination opinions, the Government shall continue to study, absorb and complete the Draft Law with specific provisions, complete the Proposal and the law project dossier to send to the Law Committee for official examination to ensure the progress and time according to regulations./.

 

Keywords: THE PROJECT OF AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE LAW ON INTELLECTUAL PROPERTY, legislation, ELITE LAW FIRM

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