|
NATIONAL ASSEMBLY OF VIETNAM
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
|
|
Law No. 07/2022/QH15
|
Hanoi, June 16, 2022
|
LAW
AMENDMENTS TO SOME ARTICLES OF THE
LAW ON INTELLECTUAL PROPERTY
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly of Vietnam promulgates the Law on Amendments to Law on
Intellectual Property No. 50/2005/QH11, which is amended by the Law No.
36/2009/QH12 and the Law No. 42/2019/QH14.
Article 1. Amendments to some Articles of the Law on
Intellectual Property
1.
Amendments to some Clauses of Article 4:
a)
Amendments to Clauses 8, 9 and 10; addition of Clauses 10a, 10b, 10c and 10d
after Clause 10; amendments to Clause 11 and addition of Clause 11a after
Clause 11:
“8.
Derivative work means a work that is based on one ore multiple works by
translation from one language into another, adaptation, editing, notation,
selection, modification, arrangement and other types of adaptation.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10. Reproduction
means the making of one or many copies of the entire or part of a work, audio
or video recording by equipment or form.
10a.
Royalty means an amount of money paid for the creation or transfer of
copyrights and related rights to a work, performance, audio or video recording,
broadcast, including writers' pays and remunerations.
10b.
Technological measure for right protection means the use of any technology,
equipment or component during normal operation in order to protect copyrights
and related rights from certain acts that are not permitted by the holders of
copyrights and related rights.
10c.
Effective technological measure means a technological measure for right
protection that enables holders of copyrights and related rights to control the
use of their works, performances, audio and video recordings, broadcasts and
encrypted program-carrying satellite signals via applications that control
access, protection procedures or copy control mechanism.
10d. Right management information (RMI) means information
serving identification of works, performances, audio and video recordings,
broadcasts, encrypted program-carrying satellite signals; about authors,
holders of copyrights and related rights, conditions for use thereof;
identification numbers of this information. Right management information shall
be attached to the copies or appear together with the works, performances,
audio and video recordings, broadcasts when they are transmitted to the public.
11. Broadcasting
means the public transmission of sound or image or both sound and image, the
reproduction of sound or image, the reproduction or sound and image of a work,
performance, audio and video recording or broadcast to the public, including
satellite transmission, transmission of encoded signals in case the decoding
devices are provided for the public or with the consent of the broadcasting
organization.
11a.
Communication to the public means public transmission of works; sounds, images
of performances; sounds, images or fixation of sounds, images in audio and
video recordings by any means other than broadcasting.";
b)
Addition of Clause 12a after Clause 12 and amendments to Clause 13:
“12a.
Secret invention means an invention that has been identified as a state secret
by a competent organization in accordance with regulations of law on protection
of state secrets.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Amendments to Clause 20:
“20. Well
known mark means a mark widely known by the relevant sections of the public
throughout the territory of Vietnam.";
d)
Amendments to Clause 22 and addition of Clause 22a after Clause 22:
“22.
Geographical indication (GI) means the sign that indicates the geographical
origin of the product from a specific area, region, territory or country.
22a.
Homonymous geographical indications (GI) are those that are spelled or
pronounced alike.".
2.
Amendments to Clause 2 of Article 7:
“2. The exercise of intellectual property rights must not
infringe the interests of the State, the public interest or the legitimate
rights and interests of other organizations and individuals, and must not
breach other relevant provisions of law. Organizations and individuals
exercising intellectual property rights related to the National Flag, National
Emblem, National Anthem of the Socialist Republic of Vietnam must not obstruct
their use and dissemination.".
3.
Amendments to Clause 2 and Clause 3 of Article 8:
“2. To
encourage and promote activities of innovation and utilization of intellectual
assets via provision of financial assistance, tax and credit incentives, and
other investment incentives and assistance as prescribed by law in order to
contribute to socio-economic development and improve the people's material and
spiritual life.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4.
Addition of Article 12a before Article 13 in Section 1 Chapter I of Part Two:
"Article
12a. Authors and co-authors
1. The
author is the person that directly creates the work. In case two or more
persons collaborate to create a combined and complete work, they are co-authors.
2. The
person who provides support, opinions or documents for another person to create
a work is not an author or co-author.
3. The
moral rights and economic rights to a work with co-author must be exercised
with the consent of the co-author, unless the work has a separate part which is
detachable for independent use without prejudice to the parts of the work of
the co-author or otherwise prescribed by law.".
5.
Amendments to Articles 19, 20 and 21:
"Article
19. Moral rights
Moral
rights of authors include :
1. The
right to name their works.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The
right to have their real names or pseudonyms attached to their works; the right
to have their real names or pseudonyms announced when their works are published
or used;
3. The
right to publish or permit other persons to publish their works;
4. The
right to protect the integrity of their works; and to forbid other persons to
modify, edit or distort their works in whatever form, causing harm to the honor
and reputation of the author.
Article
20. Economic rights
1.
Economic rights of authors include:
a) The
right to create derivative works;
b) The right to publicly perform their works, whether
directly or via audio and video recordings or any technological devices, at a
location that is publicly accessible but the public cannot select the time and
part of the works.
c) The
right to directly or indirectly reproduce the entire or part of the work using
any means or form, except for the cases specified in Point a Clause 3 of this
Article;
d) The
right to distribute, import for public distribution by sale, or transfer of
other rights to ownership of the original or copies of their works in tangible
forms, except for the cases specified in Point b Clause 3 of this Article;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) The
right to lease the original or copies of cinematographic works and computer
programs, unless these computer programs are not the main subject matter of the
lease.
2. The
rights specified in Clause 1 of this Article shall be exclusively exercised by
the author or copyright owner, or by another organization or individual under
authorization of the author or copyright owner.
When any
organization or individual exercises one, several or all of the rights
stipulated in Clause 1 of this Article and Clause 3 Article 19 of this Law,
such organization or individual must ask for permission from the copyright
owner, pay royalties and other material benefits to the copyright owner, except
in the cases specified in Clause 3 of this Article, Articles 25, 25a, 26, 32
and 33 of this Article. In case a derivative work is created in a manner that
affect the moral rights specified in Clause 4 Article 19 of this Law, the
author's written consent must be obtained.
3. The
copyright owner does not have the right to prohibit other organizations and
individuals from:
a)
Reproducing the work only for exercising other rights prescribed by this Law;
temporarily reproducing the work following a technological process during the
operation of the devices in order to transmit within a network between third
parties via intermediates, or legally using the work without independent
economic purposes and the copy is automatically deleted and cannot be
recovered;
b)
Subsequent distribution, import for distribution of the original or copy of a
work the distribution of which has been carried out or permitted by its
copyright owner.
Article
21. Copyright in cinematographic works and theatrical works
1.
Copyright in cinematographic works:
a)
Screenwriters and directors have the rights specified in Clauses 1, 2 and 4
Article 19 of this Law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Organizations and individuals that invest finance or material and technical
facilities in the production of cinematographic works shall be holders of the
rights stipulated in Clause 3 Article 19 and Clause 1 Article 20 of this Law,
unless otherwise agreed in writing; have the obligations to pay royalties and
other material benefits (if any) under contracts to the persons specified in
Point a and Point b of this Clause;
d)
Organizations and individuals that invest finance or material and technical
facilities in the production of cinematographic works may negotiate with the
persons mentioned in Point a of this Clause about naming and editing the works;
dd) In
case the script or a musical work in a cinematographic work is used
independently, the author or copyright owner of the script or musical work will
have independent copyright on such script or musical work, unless otherwise
agreed in writing.
2.
Copyright on theatrical works:
a)
Authors of theatrical scripts have the rights specified in Clauses 1, 2 and 4
Article 19 of this Law;
b)
Authors of literature works, musical works, theatrical directors, musical
conductors, choreographers, stage and costume designers, and persons who
perform other creative tasks in the making of theatrical works shall have the
rights stipulated in Clause 2 Article 19 of this Law;
c)
Organizations and individuals that invest finance or material and technical
facilities in the production of theatrical works shall be holders of the rights
stipulated in Clause 3 Article 19 and Clause 1 Article 20 of this Law, unless
otherwise agreed in writing; have the obligations to pay royalties and other
material benefits (if any) under contracts to the persons specified in Point a
and Point b of this Clause;
d)
Organizations and individuals that invest finance or material and technical
facilities in the production of theatrical works may negotiate with the persons
mentioned in Point a of this Clause about naming and editing the works;
dd) In
case a literature work or musical work in a theatrical work is used
independently, the author or copyright owner of the literature work or musical
work will have independent copyright on such literature work or musical work,
unless otherwise agreed in writing.".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1.
Computer program means a set of instructions expressed in the form of commands,
codes, diagrams and other forms which, when incorporated in a device run by
computer programming languages in a manner that is enables a computer or device
to perform a job or achieve a specific result. Computer programs are protected
in the same manner as literature works, whether they are source codes or
machine codes.
Authors
and holders of copyrights on computer programs are entitled to reach written
mutual agreements on repair and upgrade of the programs. Organizations and
individuals having the legal right to use copies of computer programs are
entitled to create backup copies for use in case the former is deleted, damaged
or otherwise unusable but cannot be transferred to any other organization or
individual.".
7. Amendments
to Article 25; addition of Article 25a after Article 25; amendments to Article
26:
"Article
25. Copyright exceptions
1. Cases
in which a published work may be used without permission or payment of
royalties except provision of information about the author and origin of the
works:
a) The
user makes a copy for the personal purpose of scientific research or study and
of a non-commercial nature. This does not apply if the copy is created using a
copying device;
b) The
user reasonably reproduces part of the work using a copying device for the
personal purpose of scientific research or study and of a non-commercial
nature.
c) The
user reasonably uses the work to as illustration in a lecture, printed matter,
performance, audio or video recording, broadcast for teaching purposes. This
may include sharing the work in a local network, provided technical measures
are taken to make sure that it is only accessible to the teacher and the
learners in that session.
d) The
user uses the work in public service activities of state agencies;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) The
user uses the work for library operation of a non-commercial nature, including
reproducing works being stored in the library for preservation, provided these
copies are marked as archived copies and have restricted access in accordance
with regulations of law on library and archiving; reasonably reproduces part of
the work using a copying device serving another person's research or study;
reproduces or sends the archived work on the inter-library network, provided
the number of concurrent readers do not exceed the number of copies held by
these libraries, unless otherwise is permitted by the right owner. This does
not apply if the work has been digitally released;
g) The
user performs a theatrical work, musical work, dance or work of other art forms
during a cultural event of a non-commercial nature;
h) The
user photographs, telecasts an fine art, architectural, photographic, or
applied art work displayed at a public place for introduction of such work of a
non-commercial nature;
i) The
user imports copies of another person's work for personal use of a
non-commercial nature;
k) The
user reproduces the work by publishing on a newspaper or periodical, broadcasts
or otherwise publicly present the lecture or speech or talk within an
appropriate scope for the purpose of news production, unless the author
announces he/she holds the copyright;
l) The
user photographs, makes an audio or video recording, or broadcasts an event in
which the work is heard or seen for the purpose of news production;
m) A
person who has visual impairment or any impairment that render him/her unable
to read printed text or read the work in a conventional way (hereinafter
referred to as "disabled person) and his/her carer who satisfies the
conditions specified by the Government uses the work in accordance with Article
25a of this Law.
2. The
use of a work in the manners specified in Clause 1 of this Article must not
contradict the normal use of the work and must not cause unreasonable damage to
the lawful interests of the author or copyright owner.
3. Regulations
on reproduction specified in Clause 1 of this Article do not apply to
architectural works, fine art works, computer programs, collection and
compilation of works.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
"Article
25a. Copyright exceptions applied to disabled persons
1. The
disabled person and his/her carer may reproduce, perform, communicate the work
in the form of an accessible copy when he/she has lawful access to the original
work or copy thereof. Accessible copies are copies that are accessible to
disabled persons. Accessible copy may only be used for personal purposes of the
disabled persons and may have appropriate technical adjustments in order for
them to be accessible to disabled persons.
2.
Organizations that satisfy the conditions of the Government are entitled to
reproduce, distribute, perform, communicate works in the form of accessible
copies when they have lawful access to the original work or copy thereof work
and operate for non-commercial purposes.
3.
Organizations that satisfy the conditions of the Government are entitled to
distribute or communicate accessible copies of works to counterparts in
accordance with international treaties to which the Socialist Republic of
Vietnam is a signatory without consent of the copyright owners.
4.
Organizations that satisfy the conditions of the Government are entitled to
distribute or communicate accessible copies of works to disabled persons
overseas in accordance with international treaties to which the Socialist
Republic of Vietnam is a signatory without consent of the copyright owner,
provided before the distribution or communication, the organization does not
know or has reasons to know that these accessible copies will be used for other
subjects other than disabled persons.
5.
Disable persons, their carers or organizations that satisfy the conditions of
the Government are entitled to import accessible copies of works from
counterparts in accordance with international treaties to which the Socialist
Republic of Vietnam is a signatory in the interest of disable persons without
consent of the copyright owners.
6. The
Government of Vietnam shall elaborate this Article.
Article
26. Limitations of copyrights
1. When a
published work is used without permission but royalties have to be paid, the
following information about the author and origin of the work must be provided:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Broadcasting
organizations that commercially use published works, works that have been fixed
in audio or video recordings by their copyright owners as broadcasts without
sponsorships, advertisements or charges in whatever form are not required to
obtain permission but have to pay royalties to the copyright owners as soon as
the works are used.
b) In
case a work that has been fixed in audio or video recordings by its copyright
owner is published for commercial purposes, other organizations and individuals
may use such recording in business operation without having to obtain
permission but royalties have to be paid to the copyright owner under agreement
as soon as the work is used. If no agreement is reached, regulations of the
Government shall be complied with. The Government of Vietnam shall elaborate
this Point.
2. The
use of a work in the manners specified in Clause 1 of this Article must not
contradict the normal use of the work and must not cause unreasonable damage to
the lawful interests of the author or copyright owner.
3. The
use of works in the cases stipulated in clause 1 of this article shall not
apply to cinematographic works.
4.
Regulations of the Government shall apply to Vietnamese organizations and
individuals that enjoy incentives for developing countries regarding the right
to translate works in foreign languages into Vietnamese and the right to
reproduce them for teaching or research of a non-commercial nature according to
international treaties to which the Socialist Republic of Vietnam is a
signatory.
5.
Organizations and individuals that wish to use published works of Vietnamese
organizations but fail to find or identify their copyright owners, regulations
of the Government shall apply.".
8.
Amendments to Article 28:
"Article
28. Infringement of copyright
1.
Infringement of the moral rights stipulated in Article 19 of this Law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3.
Failure to perform or fully perform the duties specified in Article 25, 25a and
26 of this Law.
4.
Deliberately destroying or de-activating the effective technological measures
implemented by the copyright owner to protect the copyright in his or her work
in order to commit the acts specified in this Article and Article 35 of this
Law.
5.
Producing, distributing, importing, offering, selling, promoting, advertising,
marketing, leasing, or storing a device, product or component for commercial
purposes; introducing or providing services knowing or having reason to know
that the equipment, product or component is manufactured or used for
deactivation of an effective technological measure for protection of copyright.
6.
Deliberate deletion, removal or change of RMI without consent of the author,
copyright owner knowing or having reason to know that such act will encourage,
facilitate or conceal copyright infringement as prescribed by law.
7.
Deliberately distributing, importing for distribution, broadcasting,
communicating or publicly providing copies of works knowing or having reason to
know that RMI has been deleted, removed or changed without consent of the
copyright owner; knowing or having reasons to know that such act will
encourage, facilitate or conceal copyright infringement as prescribed by law.
8.
Failure to comply with or fully comply with regulations in order to be exempt
from legal liability of intermediary service providers prescribed in Clause 3
Article 198b of this Law.".
9. Amendments
to Articles 29, 30, 31, 32 and 33:
"Article
29. Rights of performers
1.
Performers have the moral rights and economic rights to their performances in
accordance with this Law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The
moral rights include:
a) The
right to have the name acknowledged when performing, when distributing audio
and video recording or when the performance is broadcasted;
b) The
right to have the integrity of the imagery of the performance protected; to
prevent others from modifying, editing or distorting the work in any way
prejudicial to the honor and reputation of the performer.
3. The
economic rights include the right to exclusively exercise or to authorize other
organizations and individuals to exercise the following rights:
a) Fix
the live performance in audio or video recordings;
b)
Directly or indirectly reproduce all or part of the performance which has been
fixed in audio or video recordings in any means or form, except the cases
specified in Point a Clause 5 of this Article;
c)
Broadcast or communicate to the public the unfixed performance so that it may
be accessed by the public, except where such performance is intended to be
broadcast;
d)
Distribute, import for public distribution by sale, or transfer of other rights
to ownership of the original or copies of fixation of their performances in
tangible forms, except for the cases specified in Point b Clause 5 of this
Article;
d)
Leasing out originals or copies of the performance which has been fixed in
audio or video recordings to the public, even after it has been distributed by
the performer or with the consent of the performer;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. When
any organization or individual exercises one, several or all of the rights
stipulated in Clause 3 of this Article, such organization or individual must
ask for permission from the holder of the copyright on the performance, pay
royalties and other material benefits (if any) to the copyright owner as
prescribed by law or under agreement if this is not prescribed by law, except
in the cases specified in Clause 5 of this Article, Articles 25, 25a, 26, 32
and 33 of this Law.
5. The
holder of rights to a performance does not have the right to prohibit other
organizations and individuals from:
a)
Reproducing the performance only for exercising other rights prescribed by this
Law; temporarily reproducing the performance following a technological process
during the operation of the devices in order to transmit within a network
between third parties via intermediates, or legally using the performance which
has been fixed in audio or video recordings without independent economic
purposes and after which the copy is automatically deleted and cannot be
recovered;
b)
Subsequent distribution, import for distribution of the original or copies of
fixation of the performance the distribution of which has been carried out or
permitted by its right owner.
Article
30. Rights of producers of audio and video recording
1.
Producers of audio and video recording shall have the exclusive right to
exercise, or to authorize others to exercise, the following rights:
a)
Directly or indirectly reproduce all or part of the performance on an audio or
video recording in any means or form, except the cases specified in Point a
Clause 3 of this Article;
b)
Distribute, import for public distribution by sale, or transfer of other rights
to ownership of the original or copies of audio or video recordings in tangible
forms, except for the cases specified in Point b Clause 3 of this Article;
c)
Leasing out originals or copies of their audio or video recordings, even after
they have been distributed by the producer or with the consent of the producer;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. When
any organization or individual exercises one, several or all of the rights
stipulated in Clause 1 of this Article, such organization or individual must
ask for permission from the holder of the copyright on the audio or video
recording, pay royalties and other material benefits (if any) to the copyright
owner as prescribed by law or under agreement if this is not prescribed by law,
except in the cases specified in Clause 3 of this Article, Articles 25, 25a,
26, 32 and 33 of this Law.
3. The
holder of rights to an audio or video recording does not have the right to
prohibit other organizations and individuals from:
a)
Reproducing the audio or video recording only for exercising other rights
prescribed by this Law; temporarily reproducing the performance following a
technological process during the operation of the devices in order to transmit
within a network between third parties via intermediates, or legally using the
audio or video recording without independent economic purposes and after which
the copy is automatically deleted and cannot be recovered;
b)
Subsequent distribution, import for distribution of the original or copies of
the audio or video recording the distribution of which has been carried out or
permitted by its right owner.
Article
31. Rights of broadcasting organizations
1.
Broadcasting organizations shall have the exclusive right to exercise, or to
authorize others to exercise, the following rights:
a)
Broadcast or re-broadcast their broadcasts;
b)
Directly or indirectly reproduce the entire or part of the fixation of their
broadcasts using any means or form, except for the cases specified in Point a
Clause 3 of this Article;
c) Fix
their broadcasts;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. When
any organization or individual exercises one, several or all of the rights
stipulated in Clause 1 of this Article, such organization or individual must ask
for permission from the holder of the copyright on the broadcast, pay royalties
and other material benefits (if any) to the copyright owner as prescribed by
law or under agreement if this is not prescribed by law, except in the cases
specified in Clause 3 of this Article, Articles 25, 25a, 26, 32 and 33 of this
Law.
3. The
holder of rights to a broadcast does not have the right to prohibit other
organizations and individuals from:
a)
Reproducing the broadcast only for exercising other rights prescribed by this
Law; temporarily reproducing the work following a technological process during
the operation of the devices in order to transmit within a network between
third parties via intermediates, or legally using the broadcast without
independent economic purposes and the copy is automatically deleted and cannot
be recovered;
b)
Subsequent distribution, import for distribution of the fixation of the
broadcast the distribution of which has been carried out or permitted by its
right owner.
Article
32. Exceptions to related rights
1. Cases
in which a published performance, audio recording, video recording or broadcast
may be used without permission or payment of royalties except provision of
information about it:
a) Part
of the performance is recorded for teaching purposes or news production of a
non-commercial nature;
b) Part
of the performance, audio recording, video recording or broadcast is reproduced
or for the purpose of scientific research or study of a person or on behalf of
a disabled person and of a non-commercial nature;
c) Part
of the performance, audio recording, video recording or broadcast is reasonably
reproduced for direct teaching by a person and of a non-commercial nature,
unless the performance, audio recording, video recording or broadcast has been
published for teaching purposes;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) The
broadcasting organization creates a temporary copy for broadcasting while it is
the broadcasting right.
2. The
use of the performance, audio recording, video recording or broadcast mentioned
in Clause 1 of this Article must not contradict the normal use of the
performance, audio recording, video recording or broadcast and must not cause
unreasonable damage to lawful interests of the performers, the producer of the
audio or video recording, or the broadcasting organization.
3. The
Government of Vietnam shall elaborate this Article.
Article
33. Limitations of related rights
1. Cases
in which a published audio or video recording may be used without permission or
payment of royalties except provision of information about it:
a)
Organizations and individuals that use a audio or video recording that has been
commercially published for broadcasting with sponsorships, advertisements or
collection of charges in whatever form are not required to obtain permission
but have to pay royalties to the performers, the producer of the audio or video
recording, and the broadcasting organization as soon as the recording is used.
Levels of royalties and methods of payment shall be agreed upon by involved
parties. If no agreement is reached, involved parties shall comply with
regulations of the Government.
Organizations
and individuals that use a audio or video recording that has been commercially
published for broadcasting without sponsorship, advertisement or collection of
charges in whatever are not required to obtain permission but have to pay
royalties to the performers, the producer of the audio or video recording, and
the broadcasting organization as soon as the recording is used;
b)
Organizations and individuals that use an audio or video recording that has
been commercially published for business operation are not required to obtain
permission but have to pay royalties to the performances, the producer of the
audio or video recording, and the broadcasting organization as soon as the
recording is used. If no agreement is reached, involved parties shall comply
with regulations of the Government. The Government of Vietnam shall specify the
business operation activities mentioned in this point.
2. The
use of the audio or video recording mentioned in Clause 1 of this Article must
not contradict the normal use of the performance, audio recording, video
recording or broadcast and must not cause unreasonable damage to lawful interests
of the performers, the producer of the audio or video recording, or the
broadcasting organization.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
10.
Amendments to Article 35:
"Article
35. Infringement of related rights
1.
Infringement of rights of performers stipulated in Article 29 of this Law.
2.
Infringement of rights of producers of audio and video recordings stipulated in
Article 30 of this Law.
3.
Infringement of rights of broadcasting organizations stipulated in Article 31
of this Law.
4.
Failure to perform or fully perform the duties specified in Article 32 and
Article 33 of this Law.
5.
Deliberately destroying or de-activating the effective technological measures
implemented by the related right owner in order to commit the acts specified in
this Article and Article 28 of this Law.
6.
Producing, distributing, importing, offering, selling, promoting, advertising,
marketing, leasing, or storing a device, product or component for commercial
purposes; introducing or providing services knowing or having reasons to know
that the equipment, product or component is manufactured or used for
deactivation of an effective technological measure for protection of related
rights.
7.
Deliberate deletion, removal or change of RMI without consent of the related
right owner knowing or having reasons to know that such act will encourage,
facilitate or conceal related right infringement as prescribed by law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
9.
Manufacturing, assembling, transforming, distributing, importing, exporting,
offering, selling or leasing out a device or system knowing or having reasons
to know that such device or system illegally decodes or helps illegally decode
encrypted program-carrying satellite signals.
10.
Deliberately receiving or relaying encrypted program-carrying satellite signals
after the signals have been decoded without permission from the legal
distributor.
11.
Failure to comply with or fully comply with regulations in order to be exempt
from legal liability of intermediary service providers prescribed in Clause 3
Article 198b of this Law.".
11.
Amendments to Article 36:
"Article
36. Copyright owners
Copyright
owner means an organization or individual that holds one, several or all of the
rights stipulated in Clause 3 Article 19 and Clause 1 Article 20 of this
Law.".
12.
Amendments to Articles 41, 42, 43, 44; addition of Article 44a after Article 44
in Chapter III Part Two:
"Article
41. Copyright owners being assignees of rights
1. Any
organization or individual that is contractually assigned one, several or all
of the rights stipulated in Clause 3 Article 19 and Clause 1 Article 20 of this
Law shall be the copyright owner.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
42. The State as holders of copyrights and related rights
1. The
State represents the ownership of copyrights and related rights in the
following cases:
a) Works,
performances, audio recordings, video recordings, broadcasts created as a
result of ordering, task assignment, bidding by agencies funded by state
budgets;
b) Works,
performances, audio recordings, video recordings, broadcasts whose copyrights
and related rights are transferred to the State by their copyright, related
right owners and co-owners;
c) The
copyright owner, related right owner, copyright co-owner, related right co-owner
of a work, performance, audio or video recording, or broadcast dies without an
heir during the copyright term, or the heir refuses the inheritance.
2. The
State represents the right to management of copyrights and related rights in
the following cases:
b) Works,
performances, audio recordings, video recordings, broadcasts whose owners and
co-owners of copyrights and related rights are not identifiable according to
this Law;
b)
Anonymous works until identities of their authors, co-authors, owners or co-owners
of copyrights are determined, except in the cases specified in Clause 2 Article
41 of this Law.
3.
Agencies that use state budget for creation of works, performances, audio
recordings, video recordings, broadcasts by placing orders, commissioning or
bidding shall represent the State's ownership of their copyrights and related
rights in the cases specified in Point a Clause 1 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. The
Government of Vietnam shall elaborate Clause 1 and Clause 2 of this Article;
specifies the rates and methods of payment of royalties in the cases specified
in Clause 1 and Clause 2 of this Article.
Article
43. Works, performances, audio recordings, video recordings and broadcasts in
the public domain
1. A work
will pass into the public domain after its copyright term expires according to
Clause 2 Article 27 of this Law. A performance, audio recording, video
recording or broadcast will pass into the public domain after its copyright
term expires according to Article 34 of this Law.
2. All
organizations and individuals shall be entitled to use the works, performances,
audio recordings, video recordings and broadcasts stipulated in clause 1 of
this Article but must respect the moral rights of the authors and performers
stipulated in this Law and relevant laws.
3. The
Government of Vietnam shall elaborate the use of works, performances, audio
recordings, video recordings and broadcasts in the public domain.
Article
44. Related right owners
1.
Related right owners include:
a) Performers
who their time, make a financial investment in or use their material and
technical facilities to give a performance shall be the owners of rights to
such performance, unless otherwise agreed with relevant parties.
b)
Producers of audio and video recordings who use their time and make a financial
investment in or use their material and technical facilities to produce such
audio and video recordings shall be the owners of rights such recordings,
unless otherwise agreed with relevant parties.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Related right owners that are organizations that assign tasks to their
organizations and individuals to give performances, produce audio recordings,
video recordings or broadcasts are owners of corresponding rights specified in
Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law,
unless otherwise agreed.
3.
Related right owners that are organizations that sign contracts with other
organizations and individuals to give performances, produce audio recordings,
video recordings or broadcasts are owners of corresponding rights specified in
Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law, unless
otherwise agreed.
4. Any
organization or individual that inherits related rights in accordance with the
law on inheritance shall be the owner of the corresponding rights stipulated in
Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law.
5. Any
organization or individual that is assigned one, several or all of the rights
under a contract shall be owner of one, several or all of the corresponding
rights stipulated in Clause 3 Article 29, Clause 1 Article 30 and Clause 1
Article 31 of this Law.
Article
44a. Principles for determination and division of royalties
1. The
co-owners of copyrights and related rights shall reach an agreement on division
of royalties in proportion to their investment or contribution to the work,
performance, audio recording, video recording or broadcast, and in a manner
that is suitable for the way it is used.
2. When
an audio or video recording is used according to Clause 1 Article 26 and Clause
1 Article 33 of this Law, royalty shall be divided in a ratio agreed upon by
the copyright owner, the performer, owners of related rights to such recording;
in case such an agreement cannot be reached, regulations of the Government
shall apply.
3.
Royalties shall be determined within brackets and schedules on the basis of
types, forms, quality, quantity or frequency of use; in a manner that ensure
harmony of interests of the creators, users, and the public; suitable for
socio-economic conditions of the current time and location of use.".
13.
Amendments to Clause 1 and Clause 2 of Article 47:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Authors shall not be permitted to license the moral rights stipulated in Clause
2 and Clause 4 Article 19 of this Law. Performers shall not be permitted to
license the moral rights specified in Clause 2 Article 29 of this Law.".
14.
Amendments to Article 49 and Article 50:
"Article
49. Registration of copyright and related rights
1.
Registration of copyright and related rights means the filing of an application
by an author, copyright owner or related right owner with the competent State
body in order to record information on the author, the work, the copyright
owner and the related right owner.
2. The
filing of an application for grant of a certificate of registered copyright or
a certificate of registered related rights shall not be a compulsory
pre-requisite for entitlement to copyright or related rights in accordance with
the provisions of this Law.
3.
Organizations and individuals who are granted certificates of registered
copyright or certificates of registered related rights shall not bear the
burden of proving such copyright or related rights in a dispute, unless proven
otherwise.
4.
Applicants shall pay fees and charges when applying for grant, re-grant,
renewal or invalidation of certificates of registered copyright or certificates
of registered related rights.
5. The
Government of Vietnam shall elaborate the conditions and procedures for
issuance of certificates of registered copyright or certificates of registered
related rights.
Article
50. Application for registration of copyright and related rights
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. An application for registration of copyright or related
rights consists of:
a) The application form.
The declaration form must be written in Vietnamese and
contains information about the applicant, the author, the owner(s) of copyright
or related rights; completion time; summarized content of the work,
performance, audio recording, video recording or broadcast; the name of the
author, copyright owner, the work used for creation of the derivative work if
the work to be registered is a derivative work; time, location and form of
publication; information about re-grant or replacement (if any); commitment to
take responsibility for information provided in the declaration form. The
declaration must bear the signature or fingerprints of the author, owner of
copyright, owner of related rights, unless they are not physically capable of
signing or appending fingerprints.
The Minister of Culture, Sports and Tourism shall
prescribed the declaration form for registration of copyright or related
rights;
b) Two copies of the work that is the subject of the
application for copyright registration, or two copies of the formulated object
the subject of the application for related rights registration;
c)
Authorization letter if the applicant is an authorized person;
d) Documents proving ownership of artistic freedom or
assignment of creativity works, creativity contract, inheritance of rights,
transfer of rights;
dd) Written consent of the co-authors in the case of a work
under joint authorship;
e) Written consent of the co-owners if the copyright or
related rights are jointly owned.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
15.
Amendments to Article 52:
"Article
52. Time-limit for granting certificates of registered copyright certificates
and registered related rights
Within 15
working days from the receipt of the valid application, the copyright authority
shall grant the certificate of registered copyright or registered related
rights to the applicant, or notify the applicant in writing in a case the
application is rejected.".
16.
Amendments to Article 55:
"Article
55. Re-grant, renewal and invalidation of certificates of registered copyright
certificates and certificates of registered related rights
1. In
case the certificate of registered copyright or related rights is lost or
damaged, the competent authority specified in Clause 2 Article 51 of this Law
shall reissue it within 07 working days from the receipt of the valid
application. In case of change in the owner of copyright or related rights,
information about the work, author, copyright owner; information about the
subject matter of related rights, owner of related rights, the competent
authority specified in Clause 2 Article 51 of this Law shall replace the
certificate of registered copyright or related rights within 12 working days
from the receipt of the valid application.
In case
the application is rejected, the copyright authority shall issue a written
notice and provide explanation for the application.
2. In
case the person to whom the certificate of registered copyright or registered
related rights is granted is not the author, owner of copyright or related
rights or the registered work, audio recording, video recording or broadcast is
ineligible for protection, the competent authority specified in Clause 2
Article 51 of this Law shall invalidate the certificate.
3. Any organization or individual that discovers that a
certificate of registered copyright certificate or registered related rights
was granted against this Law shall be entitled to request the copyright
authority to invalidate the certificate.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) An effective decision or judgment of the court, or
decision of an authority having the power to take actions against intellectual
property rights infringement stipulated in Article 200 of this Law on
invalidation of the certificate of registered copyright or related rights;
b) A document of the organization or individual that was
granted the certificate of registered copyright or related rights requesting
invalidation of the granted certificate.
5. The Government of Vietnam shall elaborate this
Article.".
17.
Renaming of Chapter VI in Part Two:
"Chapter VI
COLLECTIVE REPRESENTATION,
CONSULTANCY AND SERVICES REGARDING COPYRIGHT AND RELATED RIGHTS."
18.
Amendments to Article 56:
"Article
56. Organizations acting as collective representatives of copyright or related
rights
1. An organization acting as the collective representative
of copyright or related rights (hereinafter referred to as "representative
organization") is a voluntary, financially autonomous, non-profit
organization established pursuant to an agreement between authors, copyright
and related right owners and operating pursuant to the law in represent
copyrights and related rights, and is subject to state management by the
Ministry of Culture, Sports and Tourism regarding collective representation of
copyrights and related rights.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Manage
copyright or related rights; negotiate licensing; and collect and distribute
royalties and other material benefits from the permitted exercising of
authorized rights;
b)
Protect the legitimate rights and interests of its members; organize
conciliation in case of disputes.
3. A representative organization shall have the following
rights and duties:
a) Be responsible for transparency in management and
administration of its operation to competent authorities, the authorizing
authors, copyright owners, related right owners (hereinafter referred to as
"authorizers"), and users;
b)
Compile a list of authorizers; a list of works, performances, audio recordings,
video recordings and broadcasts under its management; specify the scope of
authorization, effect of the authorization contract, plan and result of royalty
collection and distribution;
c) Formulate a royalty schedule and decide methods of
payment; submit them to the Minister of Culture, Sports and Tourism for
approval. the Minister of Culture, Sports and Tourism shall approve the royalty
schedule and methods of payment on the basis of the principles specified in
Clause 3 Article 44a of this Law;
d) Collect and distribute royalties in accordance with its
charter and the authorization letter which contains specific the rates or
percentages, method and time of royalty distributions; ensure transparency as
prescribed by law.
The collection and distribution of royalties from
corresponding foreign counterparts or international organizations shall comply
with regulations of law on foreign exchange management;
dd) Retain part of the collected royalties to cover its
operating costs on the basis of agreement with the authorizers. The retained
amount shall be adjusted on the basis of agreement with the authorizers and can
be a percentage of the collected amount;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) Submit annual and irregular reports on its operation to
competent authorities; facilitate inspections by competent authorities;
h) Carry out activities supporting culture development,
encouragement of creativity and other social activities;
b) Seek cooperation, entering into reciprocal
representative agreements with counterparts of international organizations and
national organizations on protection of copyright and related rights;
k) Decide its organizational structure; make sure the
authorizers are entitled to self-nominate, nominate candidates to its
managerial positions.
4. In
case a work, audio recording, video recording or broadcasts involve rights and
interests of multiple representative organizations, one of them may be
collectively selected to negotiate the licensing, royalty collection and
distribution in accordance with their charters and authorization letters.
5. In case the representative organization fails to find or
contact the authorizer to distribute royalties after 5 years, these amounts
shall be transferred to a competent authority for management after deducting
the costs of management and search in accordance with this Law and relevant
laws.
After receiving these amounts, the competent authority
shall continue to find the beneficiary for 5 more years. If the beneficiary or
person with relevant rights and obligations cannot be found or contacted after
this 5-year period, these amounts shall be used for creativity encouragement,
promotion and strengthening of copyright and related right protection. In case
the beneficiary or person with relevant rights and obligations is found within
the 5-year period, these amounts shall be paid to him/her after deducting the
costs of management and search.
6. The Government of Vietnam shall elaborate this
Article.".
19.
Amendments to Clause 1 of Article 60:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) It is
publicly disclosed by use or by means of a written description or any other
form either inside or outside Vietnam before the filing date or the priority
date, as applicable, of the invention registration application.
b) It is
disclosed in another invention registration application which has an earlier
date of submission or priority date but is announced on or after such
date.".
20.
Amendments to Clause 1 of Article 72:
“1. It is
a visible sign in the form of letters, words, drawings, images, holograms, or a
combination thereof, represented in one or more colours or sound trademark that
can be graphically presented;".
21.
Amendments to Article 73:
a)
Amendments to Clause 1:
"1.
Any sign that is identical or confusingly similar to the national flags,
national emblems, national anthems of the Socialist Republic of Vietnam and
other countries, or The Internationale;";
b)
Addition of Clause 6 and Clause 7 after Clause 5 of Article 73:
“6. Any
sign that has the inherent shape of the product or a shape that is the result
of the technical properties of the product;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
22.
Amendments to some Points of Clause 2 Article 74:
a) Amendments
to Points a, b and c:
"a)
Simple shapes and geometric figures, numerals, letters or scripts of uncommon
languages, except where such sign has been widely used and recognized as a mark
before the filling of the application;
b)
Conventional signs or symbols, pictures or common names in any language of
goods or services that are normal shapes of the goods or part of the goods,
normal shapes of the packaging or containers of the goods which have been
regularly used and widely recognized before the filling of the application;
c) Signs
indicating time, place and method of production; category, quantity, quality,
properties, ingredients, use, value or other characteristics descriptive of
goods or services, or signs that significantly increase the value of the goods,
except where such sign has acquired distinctiveness by use before the filing of
the application;";
b)
Amendments to Points dd and e:
"dd)
Signs indicating the geographical origin of goods or services, except where
such sign has been widely used and recognized as a mark before the filing of
the application, or registered as a collective mark or certification mark as
stipulated in this Law;
e) Signs
that are identical or confusingly similar to marks of other organizations and
individuals whose identical or similar goods and services are eligible for
protection on the basis of the earlier application date (or priority date if
the application is eligible for priority), even if the application for mark
registration is submitted under an international treaty to which the Socialist
Republic of Vietnam is a signatory, unless the mark registration certificate is
terminated according to Point d Clause 1 Article 95 or invalidated according to
Article 96 following the procedures specified in Point b Clause 3 Article 117
of this Law;";
c)
Amendments to Point h and Point i:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
i) Signs
that are identical with or confusingly similar to another person's mark
recognized as a well known mark before the filing date of the goods or services
that are identical or similar to the goods or services bearing the well known
mark, or the filing date of dissimilar goods or services if the use of such
mark may affect the distinctiveness of the well known mark or the mark
registration was aimed at taking advantage of the reputation of the well known
mark;".
d)
Amendments to Point n; addition of Point o and Point p below after Point n:
"n)
Signs that are identical with or insignificantly different from another
person's industrial design which has been protected on the basis of an
application for registration of an industrial design with a filing date or
priority date earlier than that of the mark registration application;
o) Any
sign that is identical to or confusingly similar to the name of a plant variety
that has been protected in Vietnam if such sign is registered for a plant
variety of the same or similar species, or for products obtained from such
plant variety;
p) Any
sign that is identical or confusingly similar to the name, image of a character
or imagery in another person's copyrighted work and which has been well known
before the filing date, unless it is permitted by the work owner.".
23.
Amendments to the first paragraph of Article 75:
"Whether a mark is well known shall be decided
according to some or all of the following criteria:
24.
Amendments to Article 79:
"Article
79. General conditions for geographical indications to be eligible for
protection
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The
product bearing the geographical indication originates from the area, locality,
territory or country corresponding to such geographical indication.
b) The
product bearing the geographical indication has a reputation, quality or
characteristics mainly attributable to geographical conditions of the area,
locality, territory or country corresponding to such geographical indication.
2.
Homonymous geographical indications that satisfy the conditions specified in
Clause 1 of this Article will be protected if they are used in a manner that
does not cause confusion to consumers about their geographical origins and fair
treatment of their manufacturers is ensured.".
25.
Amendments to Article 86; addition of Article 86a after Article 86:
"Article
86. Right to register inventions, industrial designs and layout designs
1. The
following organizations and individuals shall have the right to register
inventions, industrial designs and layout designs:
a)
Authors who have created inventions, industrial designs or layout designs by
their own labor and at their own expense;
b)
Organizations or individuals who have supplied funds and material facilities to
authors in the form of job assignment or hiring, organizations and individuals
assigned to manage genetic resources or traditional knowledge about genetic
resources under contracts for access to genetic resources and benefit-sharing,
unless otherwise agreed by the parties involved or in the cases specified in
Article 86a of this Law.
2. Where
multiple organizations and individuals have jointly created or invested in the
creation of an invention, industrial design or layout design, such
organizations and individuals shall all have the registration right which may
only be exercised with the consensus of all.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
86a. Right to register inventions, industrial designs and layout designs that
are results of science and technology missions funded by state budget
1.
Regarding inventions, industrial designs and layout designs that are results of
science and technology missions wholly funded by state budget, the rights to
register them shall be automatically assigned to the presiding organizations
without compensation, except for the cases specified in Clause 3 of this
Article.
2.
Regarding inventions, industrial designs and layout designs that are results of
science and technology missions partially funded by state budget and other
sources, part of the right to register them in proportion to the ratio of state
funding shall be automatically assigned to the presiding organizations without
compensation, except for the cases specified in Clause 3 of this Article.
3. Right
to register inventions, industrial designs and layout designs that are results
of science and technology missions in the field of national defense and
security:
a) N case
the science and technology mission is wholly funded by state budget, the State
shall have the right to register inventions, industrial designs and layout
designs thereof;
b) In
case the science and technology mission is funded by multiple sources including
state budget, the State shall have part of the right to register inventions,
industrial designs and layout designs thereof in proportion to the ratio of
state funding;
c) The
representative of state ownership shall exercise the right to register
specified in Point a and Point b of this Clause.
4. The
Government of Vietnam shall elaborate this Article.".
26.
Amendments to Article 88:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The
State has the right to register geographical indications of Vietnam. The State
permits organizations and individuals producing products bearing geographical
indications, collective organizations representing such organizations or
individuals, and administrative bodies of localities to which such geographical
indications pertain, to exercise the right to register geographical indications.
Organizations and individuals that exercise the right to register geographical
indications shall not become owners of such geographical indications.
2.
Foreign organizations and individuals that are holders of rights to
geographical indications under the law of the countries of origin shall have
the right to register such geographical indications in Vietnam.".
27.
Addition of Article 89a after Article 89:
"Article
89a. Security control regarding inventions before applying for registration
overseas
1.
Inventions in technical fields that affect national defense and security,
created in Vietnam and the registration of which is the right of a Vietnamese
citizen who resides in Vietnam or an organization established under Vietnam's
Law may only be filed for invention registration overseas if the invention
registration has been filed in Vietnam in order to undergo security control.
2. The
Government of Vietnam shall elaborate Clause 1 of this Article.".
28.
Amendments to Clause 2 of Article 92:
“2. A protection
title of a geographical indication shall record the organization managing such
geographical indication, the protected geographical indication, the particular
characteristics of products bearing such geographical indication, and the
particular characteristics of geographical conditions and geographical areas
bearing such geographical indication.".
29.
Addition of Clause 8 and Clause 9 after Clause 7 of Article 93:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
9.
International registration of industrial design with Vietnam designation under
the Hague Agreement Concerning the International Deposit of Industrial Designs
is effective from the day on which the industrial property right authority
issues a decision to grant protection to such internationally registered
industrial design, or on the day succeeding the ending date of the 12-month
period from day the international office announces registration of such
industrial design, whichever comes first. The effective period of international
mark registration shall comply with Hague Agreement.
30.
Amendments to Article 95 and Article 96:
"Article
95. Termination of validity of protection titles
1. The
validity of a protection title shall be wholly or partially terminated in the
following cases:
a) The owner fails to pay the stipulated validity
maintenance or extension fee or charge;
b) The owner declares relinquishment of the industrial
property rights;
c) The
owner no longer exists, or the owner of a certificate of registered mark is no
longer engaged in business activities and does not have a lawful heir;
d) The mark has not been used by its owner or the licensee
of the owner without justifiable reason for five (5) consecutive years prior to
a request for termination of validity, except where use is commenced or resumed
at least three (3) months before the request for termination;
dd) The owner of a certificate of registered collective
mark fails to supervise or ineffectively supervises the implementation of the
regulations on use of the collective mark;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
g) The geographical conditions decisive to reputation,
quality or special characteristics of products bearing a geographical
indication have changed resulting in the loss of such reputation, quality or
characteristics of products.
h) The
use of the protected mark for goods and services by the mark owner or a person
permitted by the mark owner causes users to misunderstand the nature, quality
or geographical origin of such goods or services;
i) The
protected mark has become a common name of the goods or service registered for
the mark;
k) The
foreign geographical indication is no longer protected in its country of
origin.
2. In
case the owner of an invention patent or utility solution patent fails to pay
the validity maintenance fee or charge within the stipulated time limit, the
validity of such protection title shall, upon the expiration of such
time-limit, automatically terminate as from the first day of the next year, for
which the validity maintenance fee or charge has not been paid.
In case
the owner of the protection title of a mark or industrial design fails to pay
the validity maintenance fee or charge within the stipulated time limit, the
validity of such protection title shall, upon the expiration of such
time-limit, automatically terminate as from the first day of next validity
period, for which the validity maintenance fee or charge has not been paid.
The
industrial property right authority shall record such termination in the
National Register of Industrial Property and publish it in the Official Gazette
of Industrial Property.
3. In
case the owner of a protection title declares relinquishment of the industrial
property right as stipulated in Point b Clause 1 of this Article, the State
administrative body for industrial property rights shall consider terminating
the validity of such protection title.
4.
Organizations and individuals shall have the right to request the industrial
property right authorities to terminate the validity of protection titles in
the cases specified in Points c, d, dd, e, g, h, i and k Clause 1 of this
Article, provided fees and charges are fully paid.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. In the cases specified in Points c, d, dd, e, g, h and i
Clause 1 of this Article, the validity of the protection title shall be
terminated from the day on which the industrial property right authority issues
a decision to invalidate the protection title.
In the cases specified in Point k Clause 1 of this Article,
the protection title shall be invalidated from the day on which the
geographical indication is no longer protected in its country of origin.
In case the industrial property right authority issues the
decision to invalidate the protection title according to regulations of Article
3 of this Article, the validity of the protection title shall be terminated
from the day on which the industrial property right authority receives the
written declaration from the protection title holder.
7.
Regulations of Clauses 1, 2, 3, 4, 5 and 6 of this Article also apply to
termination of validity of international registration of marks and industrial
designs.
Article
96. Invalidation of protection titles
1. A protection title shall be entirely invalidated in the
following cases:
a) The application is filed for malicious intent;
b) The
application is filed against regulations on security control regarding
inventions prescribed in Article 89a of this Law;
c) The
invention is directly created from a genetic resource or traditional knowledge
about a genetic resource but the registration application does not disclose or
accurately disclose the origin of the genetic resource or traditional knowledge
about the genetic resource.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The applicant does not have the right and is not
authorized by the person who has the right to register the invention,
industrial design, layout design or mark;
b) The subject matter of industrial property fails to
satisfy the protection conditions specified in Article 8 and Chapter VII of
this Law;
c) The
revision to the industrial property registration application expands the scope
of subject matter that have been disclosed or mentioned in the application or
changes the nature of the subject matter mentioned in the application;
d) The
invention is not fully and clearly disclosed to the extent that such invention
may be realized by persons having ordinary skill in the art;
dd) The
invention is granted a protection title that exceeds the scope disclosed in the
initial description of the applicant;
e) The
applicant is not the first party to file the patent according to the
first-to-file rule prescribed in Article 90 of this Law.
3. In
case a protection title is be entirely or partially invalidated as prescribed
in Clause 1 and Clause 2 of this Article, the entire or part of the protection
title will not have effect from the issuance date of the protection title.
4. Organizations and individuals shall have the right to
request industrial property right authorities to invalidate protection titles
in the cases specified in Clause 1 and Clause 2 of this Article, provided fees
and charges are fully paid.
The time limit for requesting invalidation of a protection
title shall be its entire duration, unless the request is made against the
protection title of a mark because of the reasons specified in Clause 2 of this
Article, in which case the time limit shall be 05 years from the issuance date
of the protection title or from the effective date of international registration
of the mark in Vietnam.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6. Regulations of Clauses 1, 2, 3, 4 and 5 of this Article
shall also apply to the invalidation of international registrations of marks
and industrial designs.
7. The Minister of Science and Technology of Vietnam shall
elaborate Clause 1 and Clause 2 of this Article.".
31.
Amendments to Clause 1 and Clause 2 of Article 97:
"1.
The owner of a protection title, the organization or individual exercising the
right to register geographical indications prescribed in Article 88 of this Law
may request industrial property right authority to make the following revisions
to the protection title, provided that the prescribed fees and charge are paid:
a)
Changes, rectification of errors that are relevant to the name and nationality
of the author, name and nationality of the protection title holder or the
organization that manages the geographical indication;
b)
Revisions to the description of particular characteristics, quality or
geographical area bearing a geographical indication; amendments to the regulations
on use of collective marks or the regulations on use of a certification mark.
2. At the
request of the owner of a protection title, the organization or individual
exercising the right to register geographical indications, the industrial
property right authority must correct errors caused by its fault in such
protection title, in which case the requesting party shall not pay fees and
charges.".
32.
Addition of Point dd1 after Point dd Clause 1 Article 100:
"dd1)
Documents describing the origin of the genetic resource or traditional
knowledge about the genetic resource, applicable to inventions that are
directly derived from the genetic resource or traditional knowledge about the
genetic resource;".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
"Article
103. Requirements on applications for registration of industrial designs
1.
Documents identifying an industrial design which needs to be protected in the
application shall include a set of photos or drawings of such industrial design
and their descriptions.
2. The
photos or drawings shall fully present the design characteristics of the
industrial design that needs protecting in order that it can be understood by
persons having ordinary skill in the art.
3. The
description shall enumerate the photos or drawings in the set and design
characteristics of the industrial design.".
34.
Amendments to Clause 2 of Article 105:
“2. The
sample of the mark must be described in order to clarify elements of the mark
and the comprehensive meaning of the mark, if any; where the mark consists of
words or phrases of hieroglyphic languages, such words or phrases must be
transcribed; where the mark consists of words or phrases in a foreign language,
such words or phrases must be translated into Vietnamese; where the mark is a
sound, the sample must be a sound file and graphic representation of the
sound.".
35.
Addition of Point e after Point dd Clause 1 of Article 106:
"e)
For homonymous geographical indications, documents describing the use
conditions and presentation of the geographical indications in order to ensure
their distinctiveness.".
36.
Addition of Clause 3 after Clause 2 of Article 108:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
37.
Amendments to Point dd and addition of Point e after Point dd Clause 2 of
Article 109:
"dd)
The applicant fails to fully pay the fee or charge as per regulations;
e) The
application is filed against regulations on security control regarding
inventions prescribed in Article 89a of this Law.".
38.
Amendments to the title and some Clauses of Article 110:
a)
Amendments to the title of Article 110:
"Article
110. Disclosure of mark registration applications, publication of industrial
property registration";
b)
Addition of Clause 1a before Clause 1:
“1a. Any
application for mark registration that has not been accepted by the industrial
property right authority shall be disclosed as soon as it is received.";
c)
Amendments to Clause 3:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
39.
Amendments to Article 112; addition of Article 112a after Article 112:
"Article
112. Third party opinions on the grant of protection titles
As from
the date an application for registration of industrial property is published in
the Official Gazette of Industrial Property up until prior to the date of
issuance of a decision on grant of a protection title, any third party shall
have the right to express an opinion to the competent State administrative body
for industrial property rights on the grant or refusal to grant a protection
title for such application. Such opinions must be made in writing and be
accompanied by documents or must quote the source of information.
The
written opinion shall be considered one of the reference sources during the
processing of the application for industrial property registration.
Article
112a. Objections to applications for registration of industrial property
1. Before
the date of issuance of the protection title, within the following time limits,
any third party is entitled to raise objections against the issuance of the
protection title:
a) 9
months from the publication date of the invention registration application;
b) 4
months from the publication date of the industrial design registration
application;
c) 5
months from the publication date of the mark registration application;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. The
objections mentioned in Clause 1 of this Article must be made into written
documents enclosed with supporting documents or source of information; fees and
charges must be paid.
3.
Industrial property right authorities shall process the objections prescribed
in Clause 2 of this Article following the procedures established by the
Ministry of Science and Technology.".
40.
Addition of Clause 3 and Clause 4 after Clause 2 of Article 114:
“3.
Industrial property right authorities may use the results of appraisal of
applications for registration of inventions that are identical to inventions
requesting protection provided by foreign patent authorities during the
patentability evaluation process.
4. The
Minister of Science and Technology shall elaborate the use of results of
appraisal of invention registration applications prescribed in Clause 3 of this
Article.".
41.
Amendments to Clause 2 of Article 116:
“2. As
from the time an applicant declares withdrawal of the application, all further
procedures related to such application shall cease.".
42.
Amendments to Article 117:
a)
Amendments to Clause 1 and addition of Clause 1a after Clause 1:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) There
are grounds to affirm that the subject matter stated in the application does
not fully satisfy the conditions for protection;
b) There
are grounds to affirm that the applicant does not have the right to register
industrial property, or the applicant registers the mark for malicious intent;
c) The
application satisfies the conditions for the grant of a protection title but
does not have the earliest filing date or priority date as in the case
stipulated in Clause 1 and Clause 2 Article 90 of this Law;
d) The
application falls into a case stipulated in Clause 3 Article 90 of this Law but
fails to have the consensus of all applicants;
dd) The
revision to the application expands the scope of subject matter that have been
disclosed or mentioned in the application or changes the nature of the subject
matter mentioned in the application.
1a. In
addition to the cases specified in Clause 1 of this Article, the grant of a
protection title as the result of an application for registration of an invention
shall be rejected in the following cases:
a) The
scope of protection requested exceeds that disclosed in the initial description
of the applicant;
b) The
invention is not fully and clearly disclosed in the description to the extent
that such invention may be realized by persons having ordinary skill in the
art;
c) The
invention is directly created from a genetic resource or traditional knowledge
about a genetic resource but the registration application does not disclose or
accurately disclose the origin of the genetic resource or traditional knowledge
about the genetic resource;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Amendments to Clause 3:
"3.
Where an application for registration of industrial property falls into the
cases stipulated in Clauses 1, 1a and 2 of this Article, the industrial
property right authority shall carry out the following procedures:
a) Notify
the appraisal result which includes the intension to reject the grant of a
protection title, the reasons therefor and the time limit for the applicant to
make an objection to such intended rejection;
b)
Suspend the appraisal process if the applicant requests the suspension of the
process, and request termination or invalidation of the mark registration
certificate in the cases specified in Point e and Point h Clause 2 Article 74
of this Law. On the basis of the result of termination or invalidation of the
mark registration certificate, the industrial property right authority shall
carry on the appraisal process;
c)
Suspend the appraisal process in case of receipt of a copy of the notice from a
competent court that it has accepted a third party's petition for lawsuit
against the registration of the subject matter of industrial property or mark
registration for malicious intent. On the basis of the court's judgment, the
industrial property right authority shall carry on the appraisal process;
d) Reject
the grant of protection title if the applicant makes no objection or makes
unjustifiable objection to such intended rejection mentioned in Point a of this
Clause.".
43.
Amendments to Article 118:
"Article
118. Grant of protection titles, entry into the register
1. If it
is not any of the cases in which the grant of protection title is rejected as
prescribed in Clauses 1, 1a, 2 and d Clause 3 Article 117 of this Law, or the
applicant raises justified objection against the intended rejection prescribed
in Point a Clause 3 Article 117 of this Law, the industrial property right
authority shall perform the following tasks:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Issue
a decision to grant the protection title and enter it into the national
register of industrial property if the applicant has fully paid the fees and
charges.
2. Where
an objection is made against the appraisal result, the industrial property
application shall undergo re-appraisal of the matters against which the
objection is made.".
44.
Addition of Article 119a after Article 119 in Section 3 of Chapter VIII:
"Article 119a. Industrial property-related complaints
and settlement thereof
1. The
applicant, organizations and individuals having rights and interests that are
directly relevant to the decision or notice relevant to the processing of the
application for grant, maintenance, renewal, revision, termination, invalidation
of an industrial property protection title, registration of contract for
transfer of industrial property rights issued by a industrial property right
authority are entitled to file complaints with the industrial property right
authority or initiate a lawsuit at the court in accordance with this Law and
relevant laws.
2.
Vietnamese organizations and individuals, foreign individuals having permanent
residence in Vietnam, and foreign organizations and individuals having
production or business establishments in Vietnam shall file complaints directly
or via their legal representatives in Vietnam. Foreign individuals that do have
permanent residence in Vietnam, foreign organizations and individuals not
having production or business establishments in Vietnam shall file complaints
via their legal representatives in Vietnam.
3. The
complaint shall be made into a written document which contains the full name
and address of the complainant; number, date of signing, content of the
decision or notice complained against; content of the complaint, reasoning and
evidence supporting the complaint; proposed rectification or cancellation of
the relevant decision or notice. The complaint shall be submitted as a physical
document or electronic document via the online filing system.
4. In
case the complaint is relevant to the right to register to other contents that
need verification, the complainant shall pay the verification fee.
5. The
time limit for settling a complaint shall comply with regulations of law on
complaining. In case verification by the industrial property right authority is
necessary as prescribed in Clause 4 of this Article, or the complainant needs
to revise or supplement the complaint documentation, the time needed for
verification, revision or supplementation of complaint documentation shall be
excluded from the time limit for complaint settlement as prescribed by
regulations of law on complaining.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
6.
Regulations of law on complaining shall apply to complaints and settlement of
complaints other than those specified in this Article.".
45.
Amendments to Article 121:
a)
Amendments to Clause 1:
“1. The
owner of an invention or layout design means an organization or individual that
is granted a protection title for the respective subject matter of industrial
property by a competent authority.
The owner
of an industrial design means an organization or individual whose industrial
design is granted a protection title by a competent authority or whose
internationally registered industrial design is recognized by a competent
authority.
The owner
of a mark means an organization or individual whose mark is granted a
protection title by a competent authority or whose internationally registered
mark is recognized by a competent authority or who has a well-known
mark.";
b)
Amendments to Clause 4:
“4. The
State is the owner of geographical indications of Vietnam.
The State
shall grant the right to use geographical indications to organizations or
individuals who manufacture products bearing such geographical indications in
relevant localities and put such products on the market. The State shall
directly exercise the right to manage geographical indications or grant that
right to organizations representing the interests of all organizations or
individuals granted the right to use geographical indications.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
46.
Amendments to Clause 2 of Article 123:
"2.
Organizations and individuals who are granted the right to use geographical
indications, or organizations which are granted the right to manage
geographical indications as prescribed in Clause 4 Article 121 of this Law or
under the law of their countries of origin are entitled to prohibit others to
use such geographical indications as prescribed in Point b Clause 1 of this
Article.".
47.
Amendments to Point b Clause 5 of Article 124:
"b)
Selling, offering, advertising for sale, displaying for sale, storing for sale,
transport of goods bearing the protected mark;".
48.
Amendments to Point b Clause 2 of Article 125:
"b)
Circulating, importing, using products that are put on the market, including
foreign market, by their owners, persons granted the right to use these
products, including compulsory transfer of right, persons who have the right to
use the subject matter of industrial property in advance in accordance with
this Law;".
49.
Amendments to Article 128:
"Article
128. Obligation to protect test data
1. Where
the law requires applicants for licences for trading in or circulating
pharmaceuticals or agro- chemical products to supply test results or any other
data being trade secrets obtained by investment of considerable effort, and
where applicants request such data to be kept secret, the competent licensing
body shall be obliged to apply necessary measures so that such data is neither
used for unfair commercial practices nor disclosed, except where the disclosure
is necessary to protect the public.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. In
case the licensing authority permits later submission of the application for
marketing authorization on the basis of prior marketing authorization of a
pharmaceutical or safety and efficacy data of a pharmaceutical granted market
authorization serving the marketing authorization process of another
pharmaceutical, the competent authority shall publish on its website
information about the late submission of the application within 05 months
before the proposed pharmaceutical is granted marketing authorization, unless
the marketing authorization needs to be granted sooner according to other
relevant laws.
4. For
agrochemical products, from the time of submission of secret data in
applications to the competent authority stipulated in Clause 1 of this Article
to the expiration of the 10-year period as from the date the applicant is
granted a licence, such authority must not grant licences to any subsequent
applicants in whose applications the said secret data is used without the
consent of submitters of such data, or on the basis that the submitters of
secret data is granted marketing authorization without the consent of the
submitters of such data, except for the cases stipulated in Point d Clause 3
Article 125 of this Law, or the licensing is necessary for assurance of defense
and security, nutrition for the people or other urgencies of society.".
50.
Amendments to Point d Clause 1 of Article 130:
"d)
Possessing, using domain names identical with or confusingly similar to
protected trade names or marks of others, or geographical indications without
having the right to use for profits or malicious intents.".
51.
Addition of Article 131a after Article 131 in Section 1, Chapter IX of Part
Three:
"Article
131a. Compensation for invention owners due to delayed marketing authorization
of pharmaceuticals
“1. When
following procedures for maintaining the effect of the invention patent, the
patent holder is not required to pay the fee for using the patent for the
period of delay in marketing authorization of the pharmaceutical manufactured
under the invention patent in Vietnam.
2. It
will be considered that the marketing authorization process is delayed if the
licensing authority does not issue any written response within 2 years from the
date of receipt of the marketing application. The delay begins on the first day
after the expiration of the aforementioned 2-year period and ends on the
issuance date of the first written response.
3. A
delay that is caused by the applicant or reasons outside of control of
competent authorities will be excluded from the period of delay specified in
Clause 2 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. In
order to avoid paying the fee mentioned in Clause 1 of this Article, within 12
months from the date of marketing authorization of the pharmaceutical, the
invention patent holder shall submit a document issued by the licensing
authority to confirm the delay to the industrial property right authority.
6. The
Government shall elaborate this Article.".
52.
Addition of Article 133a after Article 133:
"Article
133a. Rights of the State to inventions, industrial designs and layout designs
that are results of science and technology missions funded by state budget
1. The
state ownership representative shall publicly announce within 90 days the
assignment of the right to register inventions, industrial designs and layout
designs that are results of science and technology missions funded by state
budget to organizations and individuals in need in the following cases:
a) The
organization presiding the science and technology mission fails to fulfill its
obligation to notify as prescribed in Clause 1 Article 136a of this Law;
b) The
organization presiding the science and technology mission sends a document to
the state ownership representative stating that it does not wish to register
such right;
c) The
organization presiding the science and technology mission does not submit the
application for registration of the invention, industrial design or layout
design by the deadline specified in Clause 2 Article 136a of this Law.
2. In
case the right to registration cannot be assign to another organization or
individual as prescribed in Clause 1 of this Article, the state ownership
representative shall make an announcement on the website of the agency managing
the science and technology mission, specifying that the invention, industrial
design or layout design is the results of a science and technology mission
funded by state budget.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) The
right holder fails to effectively use within a reasonable period of time the
invention, industrial design or layout design that is the result of a science
and technology mission at least 30% investment in which is funded by the State;
b) The
use of such invention, industrial design or layout design is for public and
non-commercial purposes or in service of national defense and security, disease
prevention, treatment, assurance of nutrition of people or other urgent needs
of society.
4. The
competent authorities that allow other organizations and individuals to use
inventions, industrial designs and layout designs as prescribed in Clause 3 of
this Article shall pay compensation for the persons having the exclusive rights
to use them as follows:
a)
Regarding inventions, industrial designs and layout designs that are results of
science and technology missions wholly funded by state budget, the
organizations and individuals permitted to use them do not have to pay
compensation;
b)
Regarding inventions, industrial designs and layout designs that are results of
science and technology missions that are partially funded by state budget, the
organizations and individuals permitted to use them do not have to pay
compensation for the part of right to use in proportion to state funding and
shall pay compensation for the part of right to use in proportion to the
remaining funding. The compensation amount paid to the holders of exclusive
right to use shall be determined in accordance with Point d Clause 1 Article
146 of this Law.
5. The
Government shall elaborate this Article.".
53.
Amendments to Article 135:
"Article
135. Obligation to pay remuneration to authors of inventions, industrial
designs and layout designs
1. Except
in the cases specified in Clause 2 of this Article, owners of inventions,
industrial designs and layout designs shall pay remuneration to their authors
under agreement. In case there is no agreement, the remuneration shall be
determined as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) 15%
the total amount received by the owner in each payment for licensing of the
invention, industrial design or layout design before tax is paid.
2.
Regarding inventions, industrial designs and layout designs that are results of
science and technology missions funded by state budget, the owners shall pay
remunerations to their authors as follows:
a) 10% -
15% of the pre-tax profit earned by the owner from the use of the invention,
industrial design or layout design;
b) 15% -
20% of the total amount received by the owner in each payment for licensing of
the invention, industrial design or layout design before tax is paid.
3. In
case where an invention, industrial design or layout design has co-authors, the
remuneration provided for in Clause 1 and Clause 2 of this Article shall be
applicable to the co-authors. The co- authors shall reach an agreement on the
division of the remuneration paid by the owner.
4. The
obligation to pay remuneration to authors of inventions, industrial designs and
layout designs shall exist throughout the term of protection of such
inventions, industrial designs and layout designs.".
54.
Addition of Article 136a after Article 136:
"Article
136a. Obligations of presiding organizations to inventions, industrial designs
and layout designs that are results of science and technology missions funded
by state budget
1. Notify
the state ownership representative shall publicly announce within 30 days from
the date of creation of the invention, industrial design or layout design that
is the results of a science and technology mission funded by state budget.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Pay
remuneration to authors of inventions, industrial designs and layout designs in
accordance with Article 135 of this Law.
4.
Regarding a science and technology mission up to 30% investment in which is
funded by the State, the post-tax profit obtained from the use, transfer of the
right to use, transfer of rights, contribution of the invention, industrial
design or layout design as capital in proportion to the state funding ratio
after remuneration is paid to the author shall be used in accordance with the
presiding organization's regulations on financial management.
5.
Regarding a science and technology mission over 30% investment in which is
funded by the State, the post-tax profit obtained from the use, transfer of the
right to use, transfer of rights, contribution of the invention, industrial
design or layout design as capital after remuneration is paid to the author
shall be distributed as follows:
a) Up to
10% shall be paid to the broker (if any) under the brokerage contract;
b) In
case the science and technology mission is wholly funded by state budget, at
least 50% of the remaining profit shall be used for investment in science and
technology activities; the remaining profit shall be used in accordance with
the presiding organization's regulations on financial management;
c) In
case the science and technology mission is funded by multiple sources, the
remaining profit shall be distributed among the parties in proportion to their
contributions to the mission. The profit that is proportional to the state
investment shall be used by the presiding organization in accordance with Point
b of this Clause.
6.
Presiding organizations that are granted protection titles for registered
inventions, industrial designs and layout designs in accordance with Clause 1
and Clause 2 Article 86a of this Law shall exercise their industrial property
rights as per regulations, implement protective measures, and submit annual
reports to agencies managing science and technology missions on the exercising
of rights, implementation of protective measures and distribution of profit.
7. The
Government shall elaborate this Article.".
55.
Addition of Clause 6 after Clause 5 of Article 139:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
56.
Addition of Point dd after Point d Clause 1 of Article 145:
"dd)
The use of the invention is meant to meet demands for pharmaceuticals serving
disease prevention or treatment of other countries that are eligible for import
under International Agreements to which the Socialist Republic of Vietnam is a
signatory.".
57.
Amendments to some Points of Clause 1 Article 146:
a)
Amendments to Point b:
"b)
Such licensed use right is only limited to a scope and duration sufficient to
achieve the licensing objectives, except for the case stipulated in Point d
Clause 1 Article 145 of this Law. For an invention in semi-conducting
technology, licensing shall be only for public and non-commercial purposes or
for dealing with anti-competitive practices prohibited by the law on
competition;";
b)
Amendments to Point d and addition of Point dd after Point d:
d) The
transferee of the right to use the invention shall pay the transferor
compensation under agreement. In case an agreement is not reached, regulations
of the Government shall apply unless the licensing of the invention is
compulsory for import of pharmaceuticals under an international treaty to which
the Socialist Republic of Vietnam is a signatory and the compensation has been
paid in the exporting country;
dd) Such
licensed use right is largely for the domestic market, except for the case
stipulated in Point d and Point dd Clause 1 Article 145 of this Law.".
58.
Amendments to Clause 1 of Article 147:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Ministries
and ministerial agencies shall, after consulting with the Ministry of Science
and Technology, issue decisions on licensing of inventions under their
management in the cases specified in Point a and Point dd Clause 1 Article 145
of this Law.".
59. Amendments
to Clause 1 of Article 153:
“1. Industrial property representatives shall have the
following responsibilities:
a) Notify customers of amounts, fees and charges relevant
to the procedures for establishment and protection of industrial property rights;
b) Protect confidentiality of information and documents
related to cases in which they act as representatives;
c) Truthfully and fully inform represented parties of
notices and requests from the Industrial property right authorities; deliver on
time to the represented parties protection titles and other decisions;
d) Fulfill requests of the Industrial property right
authorities in order to protect lawful rights and interests of the represented
parties;
dd) Notify Industrial property right authorities of changes
in the names, addresses of and other information about the represented parties
when necessary.".
60.
Amendments to Article 154:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1.
Enterprises, cooperatives, law-practicing organizations, organizations
providing science and technology services shall be established and operate in
accordance with law, at least one individual in which has the industrial
property representation service practising certificate, permitted to provide
industrial property representation services in the name of an industrial
property representative organization, except for the cases specified in Clause
2 of this Article.
2.
Foreign law-practicing organizations operating in Vietnam are not allowed to
provide industrial property representation services.".
61.
Amendments to Clause 2 and addition of Clause 2a after Clause 2 of Article 155:
"2. An individual that satisfies the following
conditions will be granted the industrial property representation service
practising certificate, except in the cases specified in Clause 2a of this
Article:
a) Being a Vietnamese citizen with full legal capacity;
b) Having
a permanent residence in Vietnam;
c) Having a bachelor's degree or equivalent degree if his/her
jobs involves marks, geographical indications, trade names, prevention of
unfair competition, business secrets; having a bachelor's degree or equivalent
degree in science or technology if his/her job involves inventions, industrial
designs or layout designs;
d) Having been engaged personally in the domain of
industrial property law for at least five years, or in the examination of
assorted industrial property registration applications at national or
international industrial property offices for at least five years, or having
graduated from a training course on industrial property law recognized by a
competent authority;
dd) Not being an official, public employee or employee in
the State authority competent to establish and enforce industrial property rights;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2a. A Vietnamese citizen who is a lawyer as prescribed by
the Law on Lawyers and have permanent residence in Vietnam will be granted the
industrial property representation service practising certificate in the domain
of marks, geographical indications, trade names, prevention of unfair
competition, business secrets if he/she has graduated from the training cause
on industrial property recognized by a competent authority.".
62.
Amendments to Clause 2 of Article 156:
“2. In
case the industrial property representative no longer satisfies the conditions
specified in Article 154 and Article 155 of this Law, the industrial property
right authority shall revoke the industrial property representation service
practising certificate, remove the representative's name from the National
Register of Industrial Property, and make an announcement on the Official
Gazette of Industrial Property.
63.
Amendments to Clause 2 of Article 157:
"2.
The organizations and individuals specified in Clause 1 of this Article include
Vietnamese organizations and individuals; foreign organizations and individuals
that are citizens of member states of International Union for the Protection of
New Varieties of Plants (UPOV) or foreign countries which have concluded with
the Socialist Republic of Vietnam agreements on the protection of plant
varieties; foreign individuals having permanent residence in Vietnam or having
plant variety production or business establishments in Vietnam; foreign
organizations having plant variety production or business establishments in
Vietnam; organizations and individuals having permanent residence or plant
variety production or business establishments in member states of UPOV.".
64.
Amendments to Article 158:
"Article
158. General conditions for plant varieties to be eligible for protection
Plant
varieties eligible for protection means plant varieties which have been
selected and bred or discovered and developed, and are new, distinct, uniform,
stable and designated by proper denominations.
65.
Amendments to some Points and Clauses of Article 163:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
“1. The
applicant shall propose a suitable denomination of the plant variety to the
plant variety right authority. Such denomination must be identical to a
denomination that has been registered for protection in any member state of
UPOV or any foreign country that has concluded an agreement on protection of
plant varieties with the Socialist Republic of Vietnam.";
b)
Amendments to Point a of Clause 3:
"a)
They consist of numerals only, except where such numerals are relevant to
characteristics or the breeding of such variety, or include the species name of
such variety;";
c) Amendments
to Point c of Clause 3:
"c)
They may easily mislead as to features or characteristics, value of such
variety;";
d)
Addition of Clause 6 after Clause 5:
"6.
In the denomination of the proposed plant variety does not satisfy the
requirements specified in Clause 2 and Clause 3 of this Article, the plant
variety right authority shall reject it and request the applicant to propose
another denomination within 30 days from the date to notice. The plant variety
right authority shall record the official denomination of the plant variety
from the issuance date of the plant variety protection certificate.".
66.
Amendments to Article 164 and Article 165:
"Article
164. Registration of plant variety rights
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Organizations and individuals having the right to register plant varieties for
protection (hereinafter referred to as "applicants") shall include:
a)
Breeders who have personally selected and bred or discovered and developed the
plant variety by their own efforts and at their own expense;
b)
Organizations and individuals who fund breeders to select and breed or discover
and develop the plant variety by job assignment or hiring, unless otherwise
agreed or it is the case specified in Clause 3 and Clause 4 of this Article;
c)
Organizations and individuals to whom are transferred, or who inherit the right
to register for protection of the plant variety.
3.
Regarding plant varieties the creation, discovery and development of which are
results of science and technology missions wholly funded by state budget, the
right to register them shall be automatically assigned to the presiding organizations
without compensation.
4.
Regarding plant varieties the creation, discovery and development of which are
results of science and technology missions partially funded by state budget,
the part of the right to register them which is in proportion to the ratio of
state funding shall be automatically assigned to the presiding organizations
without compensation.
Article
165. Representatives of plant variety rights
1. Any
Vietnamese organization or individual, or foreign organization or individual
with a permanent residential address in Vietnam or who has a plant variety
production or trading establishment in Vietnam may file a protection
registration application either directly or through an organization providing
plant variety right representation services; other organizations and
individuals specified in Article 157 of this Article shall file their
applications through organizations providing plant variety right representation
services.
2. An
organization that satisfies the following conditions may provide plant variety
right representation services in the name of an organization providing plant
variety right representation services:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) It has
at least one individual having the plant variety right representation service
practising certificate.
3. Plant
variety right representation services include: representing other organizations
and individuals before plant variety right authority; providing counsel on
procedures for establishment and protection of plant variety rights; other
services relevant to the procedures for establishment and protection of plant
variety rights.
4.
Representatives of plant variety rights have the obligations to:
a) Notify
customers of amounts, fees and charges relevant to the procedures for
establishment and protection of plant variety rights;
b)
Protect confidentiality of information and documents related to cases in which
they act as representatives;
c)
Truthfully and fully inform represented parties of notices and requests from
the State body competent to establish and enforce plant variety rights; deliver
on time to the represented parties plant variety protection certificates and
other decisions;
d)
Fulfill requests of the State authorities competent to establish and protect
plant variety rights in order to protect lawful rights and interests of the
represented parties;
dd)
Notify plant variety right authorities of changes in the names, addresses of
and other information about the represented parties; changes of name, address,
representative of the representing party;
e) An
organization providing plant variety right representation services shall take
civil liabilities for the persons acting as representatives of plant variety
rights in the name of the organization.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) He/she
has a plant variety right representation service practice certificate;
b/ He/she
is working in an organization providing plant variety right representation
services.
6. An
individual will be granted the plant variety right representation service
practice certificates if the following conditions are satisfied:
a) He/she
is a Vietnamese citizen with full legal capacity;
b) He/she
has a permanent residence in Vietnam;
c) He/she
has a bachelor's degree or an equivalent qualification;
d) He/she
has personally conducted legal activities related to plant variety for at least
five years, or personally processed applications for registration of plant
variety rights in a national or international office for plant variety rights
for at least five years, or graduated from a training course on the law on
plant variety rights as recognized by a competent authority;
dd/
He/she is not an official, public employee or employee currently working in a
plant variety right authority;
e) He/she
has passed an examination on plant variety right representation organized by a
competent authority.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
67.
Addition of Clause 6 after Clause 5 of Article 170:
"6.
The Government shall elaborate the procedures for suspension, restoration and
invalidation of plant variety protection certificates.".
68.
Amendments to Point a Clause 1 of Article 171:
"a)
The application for registration for protection of the plant variety was filed
by a person does not have the registration right;".
69.
Addition of Clause 3 after Clause 2 of Article 172:
"3.
The Government shall elaborate the procedures for revision and reissuance of
plant variety protection certificates.".
70.
Amendments to Point d Clause 3 of Article 176:
"d)
Issue a notification of accepted application if the application is valid or has
been fully supplemented by the applicant or there is justifiable objection to
the notice mentioned in Point b of this Clause, requesting the applicant to
send samples of the plant variety to the laboratory for testing within 30 days
before the first crop season from the issuance date of the notification of
accepted application, unless the plant variety is tested by the applicant in
accordance with Clause 2 Article 178 of this Law.".
71.
Amendments to Clause 2 of Article 180:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
72.
Amendments to Article 183:
"Article
183. Grant of plant variety protection certificates
Where an
application for registration for protection is not rejected as provided for in
Article 182 of this Law and the applicant pays the fee, the plant variety right
authority shall issue a decision granting a plant variety protection
certificate and shall record it in the National Register of Protected Plant
Varieties.
The
person who applies for registration of plant variety right as prescribed in
Article 164 of this Law and is granted a plant variety protection certificate
shall be the holder of plant variety right.".
73.
Amendments to Clause 2 of Article 189:
"2.
Where the applicant is aware of the fact that the plant variety registered for
protection is being used by another person in the manners specified in Article
186 and Article 187 of this Law, as soon as the application is accepted as
valid, the applicant may notify in writing such user of the fact that an
application for protection of the plant variety has been filed, clearly
specifying the filing date and the day the application is accepted as valid, so
that the user may either stop using or continue using the plant variety.".
74.
Amendments to Article 191; addition of Article 191a and Article 191b after
Article 191 in Section 2 Chapter XIV of Part Four:
"Article
191. Obligations of plant variety protection certificate holders
1. Except
in the cases specified in Clause 2 of this Article, the plant variety
protection certificate holder shall pay remuneration to the plant variety
breeder under agreement. In case there is no agreement, the remuneration shall
be determined as follows:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) 15%
the total amount received by the plant variety protection certificate holder in
each payment for licensing of the plant variety before tax is paid;
c) 35%
the total amount received by the plant variety protection certificate holder
from licensing of the plant variety for the first time before tax is paid, in
which case the breeder will not receive remuneration for subsequent licensing
and the remuneration specified in Point a and Point b of this Clause.
2. If the
plant variety is the result of a science and technology mission funded by state
budget, the plant variety protection certificate holder shall pay remunerations
to the breeder as follows:
a) 10% -
15% of pre-tax profit earned by the plant variety protection certificate holder
from the use of the protected plant variety for production or business;
b) 15% -
20% the total amount received by the plant variety protection certificate
holder in each payment for licensing of the plant variety before tax is paid;
c) 20% -
35% the total amount received by the plant variety protection certificate
holder from licensing of the plant variety for the first time before tax is
paid, in which case the breeder will not receive remuneration for subsequent
licensing and the remuneration specified in Point a and Point b of this Clause.
3. In
case where the plant variety has co-breeders, the remuneration provided for in
Clause 1 and Clause 2 of this Article shall be applicable to the co-breeders.
The co-breeders shall reach an agreement on the division of the remuneration
paid by the plant variety protection certificate holder.
4. The
obligation to pay remuneration exists throughout the term of protection of the
plant variety.
5. The
fee for maintenance of the plant variety protection certificate shall be paid
to the plant variety protection authority within 3 months after the date of
issuance of the plant variety protection certificate for the first year and
within the first month of the subsequent years.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
191a. Obligations of presiding organizations to plant varieties selected and
bred or discovered and developed as results of science and technology missions
wholly funded by state budget
1. Submit
the application for registration of plant variety rights within 12 months from
the day on which commissioning of the science and technology mission is
completed.
2. Pay remuneration
to the plant variety breeder in accordance with Article 191 of this Article.
3.
Regarding a science and technology mission up to 30% investment in which is
funded by the State, the post-tax profit obtained from the use, transfer of the
right to use, transfer of rights, contribution of the plant variety as capital
in proportion to the state funding ratio after remuneration is paid to the
breeder shall be used in accordance with the presiding organization's
regulations on financial management.
4.
Regarding a science and technology mission over 30% investment in which is
funded by the State, the post-tax profit obtained from the use, transfer of the
right to use, transfer of rights, contribution of the plant variety which is
selected and bred or discovered and developed as the results of the science and
technology mission funded by state budget after remuneration is paid to the
breeder shall be distributed as follows:
a) In
case the science and technology mission is wholly funded by state budget, at
least 50% of the remaining profit shall be used for investment in science and
technology activities; the remaining profit shall be used in accordance with
the presiding organization's regulations on financial management;
b) In
case the science and technology mission is funded by multiple sources, the
remaining profit shall be distributed among the parties in proportion to their
contributions to the mission. The profit that is proportional to the state
investment shall be used by the presiding organization in accordance with Point
a of this Clause.
5.
Presiding organizations that are granted plant variety protection certificates
in accordance with Clause 3 and Clause 4 Article 164 of this Law shall exercise
their rights to the plant varieties as per regulations, implement protective
measures, and submit annual reports to agencies managing science and technology
missions on the exercising of rights, implementation of protective measures and
distribution of profit.
6. The
Government shall elaborate this Article.".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. The
state ownership representative shall publicly announce within 90 days the delegation
of the right to register plant varieties selected and bred or discovered and
developed as results of science and technology missions funded by state budget
to organizations and individuals in need in the following cases:
a) The
presiding organization mission fails to fulfill its obligations as prescribed
in Clause 1 Article 191a of this Law;
b) The
presiding organization sends a document to the state ownership representative
stating that it does not wish to register.
2. In
case the right to registration cannot be assign to another organization or
individual as prescribed in Clause 1 of this Article, the state ownership
representative shall make an announcement on the website of the agency managing
the science and technology mission, Specifying that the plant varieties
selected and bred or discovered and developed are the results of a science and
technology mission funded by state budget.
3.
Competent authorities may permit other organizations and individuals to plant
variety selected and bred or discovered and developed that is the results of a
science and technology mission funded by state budget without the consent of
the holder of the exclusive right to use them in the following cases:
a) The
right holder fails to effectively use within a reasonable period of time the
plant variety selected and bred or discovered and developed that is the results
of a science and technology mission at least 30% investment in which is funded
by the State;
b) The
use of such plant variety is for public and non-commercial purposes or in
service of national defense and security, disease prevention, treatment,
assurance of nutrition of people or other urgent needs of society.
4. The competent authorities that allow other organizations
and individuals to use plant varieties as prescribed in Clause 3 of this
Article shall pay compensation for the persons having the exclusive rights to
use them as follows:
a)
Regarding plant varieties selected and bred or discovered and developed as
results of science and technology missions wholly funded by state budget, the
organizations and individuals permitted to use them do not have to pay
compensation;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. The
Government shall elaborate this Article.".
75.
Amendments to Clause 4 and addition of Clause 5 after Clause 4 of Article 194:
"4.
Rights to plant varieties selected and bred or discovered and developed as
results of science and technology missions funded by state budget may only be
transferred to organizations that are established in accordance with Vietnam's
law, individuals that are Vietnamese citizens and have permanent residences in
Vietnam. Transferees of these rights shall fulfill corresponding obligations of
presiding organizations in accordance with this Law.
5. The
Government shall elaborate this Article.".
76.
Amendments to Article 198:
a)
Amendments to Point a and Point b of Clause 1:
"a)
Apply Technological measure for right protection, right management information
or other technological measures to prevent acts of infringement of its
intellectual property rights;
b)
Request any organization or individual that commits an act of infringement of
the intellectual property rights of the holder to terminate such act, remove
the illegal content from the telecommunications network and the internet, make
a public apology or rectification, and pay damages.";
b)
Addition of Clause 1a after Clause 1 and amendments to Clause 2 and Clause 3:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2.
Organizations and individuals that suffer loss and damage caused by acts of
infringement of intellectual property rights or who discover acts of infringement
of intellectual property rights which cause loss and damage to consumers or
society shall have the right to request the competent State body to deal with
such acts in accordance with the provisions of this Law and other relevant
laws.
Any
organization or individual that inherits copyright or rights of performers are
entitled to request competent authorities to take actions against infringement
of rights specified in Clause 4 Article 19 and Point b Clause 2 Article 29 of
this Law.
3.
Organizations and individuals that suffer loss and damage or are likely to
suffer loss and damage caused by unfair competition shall have the right to
request the competent authorities to apply the civil remedies stipulated in
Article 202 of this Law.".
77.
Addition of Article 198a and Article 198b after Article 198:
"Article
198a. Assumption of copyright and related rights
Among
civil, administrative, criminal proceedings regarding copyrights and related
rights, if not proven otherwise, copyrights and related rights shall be assumed
as follows:
1.
Individuals and organizations that are conventionally credited as authors,
performers, producers of audio and video recordings, broadcasting
organizations, producers of cinematographic works, publishers shall be
considered holders of rights to such works, performances, audio recording,
video recordings and broadcasts;
2. Being
conventionally credited in Clause 1 of this Article means being credited on the
original work, the first fixation of the performance, the audio recording,
video recording, the broadcast and relevant documents (if any) or on
corresponding copies that are lawfully published in case the original work, the
first fixation of the performance, the audio recording, video recording, the
broadcast and relevant documents no longer exists;
3. The
organizations and individuals mentioned in Clause 1 of this Article shall be
entitled to corresponding copyright or related rights.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Intermediary service providers are enterprises providing
technological means for service users to put digital contents on the
telecommunications network and the internet; provide online connection for the
public to access and use digital contents on the telecommunications network and
the internet.
2.
Intermediary service providers shall implement technical measures and cooperate
with competent authorities and right holders in implementing various measures
for protecting copyrights and related rights on the telecommunications network
and the internet.
3. The intermediary service providers are not liable for
infringement upon copyrights and related rights on the telecommunications
network and the internet relevant to the provision or use of their services in
the following cases:
a) The intermediary service provider only provides digital
contents or access to the digital contents;
b)
Intermediary service providers may caches during the transmission of
information in an automatic and temporary manner to improve efficiency of
information transmission, provided information is only changed due to
technological reasons; the conditions for access and use of digital contents
are complied with; generally accepted industry practice for updating digital
contents is adhered to; lawful use of technology according to generally
accepted industry practice in order to obtain data about the use of digital
contents is not obstructed; the digital content is removed or inaccessible as
soon as it is removed at the initial source or access to the digital content
has been blocked at the initial source.
c) Digital contents of service users are archived at their
request with the following conditions: it is not to their knowledge that these
digital contents infringe copyrights and related rights; actions are promptly
taken to remove or block the access to such digital contents knowing that they
infringe copyrights and related rights;
d) Other cases prescribed by the Government of Vietnam.
4. Intermediary service providers that are exempt from
legal liability as prescribed in Clause 3 of this Article are not required to
carry out self-supervision of their services or find evidence of infringements.
5. Digital contents prescribed in this Article are
protected works and subject matter of related rights in digital forms.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
78.
Amendments to Article 201:
b)
Amendments to Clause 1 and addition of Clause 1a after Clause 1; amendments to
Clause 2 and addition of Clause 2a after Clause 2:
“1. Intellectual property assessment means the use by
organizations or individuals defined in Clauses 2 and 3 of this Article of
their professional knowledge and expertise to assess and make conclusion on
matters related to intellectual property rights. Intellectual property
assessment shall be carried out in accordance with regulations of law on
judicial assessment.
1a. Intellectual property assessment includes:
a) Assessment of copyright and related rights;
b) Assessment of industrial property rights;
c) Assessment of plant variety rights
2. Any
enterprise, cooperative, public service provider, law-practicing organization,
organization providing science and technology services that is established and
operate in accordance with law and has at least one individual who has the
intellectual property assessor's card industrial property practice may carry
out intellectual property assessment, except in the cases specified in Clause
2a of this Article.
2a.
Foreign law-practicing organizations operating in Vietnam are not allowed to
carry out industrial property assessment.";
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
"4. Assessment principles:
a) Conformable with law; following assessment procedures;
b) Truthful, accurate, objective, unbiased, timely;
c) Only giving professional verdicts within the assessment
scope;
d) Legally responsible for the assessment verdicts;
dd) Assessment costs shall be determined under agreement
between the requesting party and the assessing party.
5. The assessment verdict shall be one of the sources of
evidence for competent authorities to settle disputes. An assessment verdict
does not include verdict on the infringement of intellectual property rights or
settlement of the dispute.".
79.
Amendments to Articles 212, 213 and 214:
"Article
212. Acts of infringement of industrial property rights subject to criminal
prosecution
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
213. Intellectual property counterfeit goods
1.
Intellectual property counterfeit goods regulated by this Law comprise goods
bearing counterfeit marks, goods bearing counterfeit geographical indications,
and pirated goods prescribed in Clauses 2, 3 and 4 of this Article.
2.
Counterfeit mark goods are goods or goods packages bearing a mark or sign or
stamp which contains signs that are identical or confusingly similar to a
protected mark being used for the same goods without permission from the mark
owner.
3.
Counterfeit geographical indication goods are goods or goods packages bearing a
mark or sign or stamp which contains signs that are identical or confusingly
similar to a protected geographical indication being used for the same goods
and these signs are attached by organizations or individuals that do not have
the right to use such geographical indication according to Clause 4 Article 121
of this Law or law of the country of origin of such geographical indication.
4.
Pirated goods are copies made without permission from the copyright holder or
related right holder.
Article
214. Administrative penalties and remedial measures
1. Any
organization or individual that commits an act of infringement of intellectual
property rights defined in Clause 1 Article 211 of this Law shall face
penalties and remedial measures in accordance with administrative penalty laws.
2. IN
addition to the penalties and remedial measures prescribed by administrative
penalty laws, an organization or individual that commits an act of infringement
of intellectual property rights might also be forced to distribute or use for
non-commercial purposes the intellectual property counterfeit goods, the
materials and devices primarily used for manufacture or sale of the
intellectual property counterfeit goods, provided this does not affect the
exercising of rights of the intellectual property right holders and other
conditions prescribed by the Government are fulfilled.
3.
Penalties, power to impose administrative penalties for infringement of
intellectual property rights shall comply with administrative penalty
laws.".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Amendments to Clause 2:
“2.
Suspension of customs procedures for goods suspected of infringing intellectual
property rights is measure that will be taken in the following cases:
a) The
suspension is requested by the intellectual property right holder in order to
collect information and evidence on the goods consignment in question so that
the intellectual property right holder may exercise the right to request that
the infringement be dealt with and to request implementation of provisional
emergency measures or preventive measures to ensure imposition of
administrative penalties.
b) The
suspension is preemptively imposed by the customs authority in case of
suspicion that the exports or imports are intellectual property counterfeit
goods during the process of customs inspection, supervision and control.";
b)
Addition of Clause 5 after Clause 4:
"5.
The Government of Vietnam shall elaborate Point b Clause 2 of this
Article.".
81.
Addition of Clause 4 after Clause 3 of Article 218:
“4. In
case the customs authority preemptively suspends the customs procedures, the
customs authority shall promptly notify the intellectual property rights
holder, if possible, and the importer or exporter of the suspension.
Witham 10
working days from the date of notification, if the intellectual property right
holder does not file a civil lawsuit and the customs authority does not issue a
decision to accept jurisdiction to handle the case following procedures for
imposition of administrative penalties, the customs authority shall carry on
the customs procedures for the consignment.".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) In
Point g Clause 1 Article 14, the phrase “tác phẩm tạo hình” ("plastic art
work") is replaced with the phrase “tác phẩm mỹ thuật” ("art
work");
b) In
Clause 2 Article 16, the phrase “cuộc
biểu diễn” ("performance") is
replaced with the phrase“quyền liên
quan” ("related right") and the
phrase “khoản 1” ("Clause 1") is removed;
c) in
Clause 3 Article 60, Clause 4 Article 65 and Clause 2 Article 71, the phrase “Điều 86”
("Article 86") is replaced with the phrase “Điều 86, Điều 86a”
("Article 86, Article 86a");
d) In
Clause 1 Article 94, the phrase “lệ
phí duy trì hiệu lực” ("validity
maintenance fee") is replaced with the phrase “phí, lệ phí để duy trì hiệu lực” ("validity maintenance fee/charge");
dd) In
Clause 2 Article 94, the phrase “lệ
phí duy trì hiệu lực” ("validity
extension fee") is replaced with the phrase “phí, lệ phí để duy trì hiệu lực” ("validity extension fee/charge");
e) In
Clause 3 Article 94, the phrase “lệ
phí” ("fee") is replaced with the
phrase “phí, lệ phí” ("fee/charge");
g) In
Point c Clause 1 Article 108, the phrase “lệ phí nộp đơn”
("filing fee") is replaced with the phrase “phí, lệ phí”
("fee/charge");
h) In
Point a Clause 1 Article 151, the phrase “bảo đảm thực thi”
("enforcement") is replaced with the phrase “bảo vệ”
("protection");
h) In
Point b and Point c Clause 1 Article 151, the phrase “thực thi”
("enforcement") is replaced with the phrase “bảo vệ”
("protection");
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
h) In Point a Clause 3 Article 176, the phrase “điểm b và”
("subclause (b) and") is removed;
m) In Clause 2 Article 185, the phrase “điểm a khoản 1”
("clause 1(a)") is removed;
n) In Clause 1 Article 203, the phrase “tại Điều 79”
("in article 79") is removed;
o) In Clause 1 Article 209, the phrase “tại khoản 1 Điều
122” ("in clause 1 of article 122") is removed;
p) In Article 210, the phrase "tại Chương VIII, Phần thứ nhất” ("provisions of Chapter VIII, Part One") is
removed;
q) In Clause 4 Article 216 and Article 219, the phrase “và Điều 215"
("and article 215") is removed;
83.
Clause 19 Article 4, Article 5, Clause 3 Article 51, Clause 4 Article 117,
Point b Clause 2 Article 176 and Article 215 are annulled.
Article 2. Amendments to some Articles of other relevant
laws
1.
Amendments to some Article of the Law on Customs No. 54/2014/QH13, which is
amended by the Law No. 71/2014/QH13 and the Law No. 35/2018/QH14:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
"Section 8
"INSPECTION, SUPERVISION, SUSPENSION OF CUSTOMS
PROCEDURES FOR EXPORTS AND EXPORTS RELEVANT TO INTELLECTUAL PROPERTY
RIGHTS";
b)
Amendments to Clause 2 of Article 73:
“2.
Customs authorities shall decide suspension of customs procedures for exports
and imports when the intellectual property right holder or a legally authorized
person files a petition, pays a sum or submit guarantee documents of a
financial institution to ensure compensation for damage and costs incurred from
the unconformable suspension of customs procedures. The customs authority shall
preemptively suspend the customs procedures if the customs authority, during
customs inspection, supervision and control, has valid grounds to suspect that
the exports or imports are intellectual property counterfeit goods.".
2.
Amendments to some Article of the Law on science And Technology No.
29/2013/QH13, which is amended by the Law No. 28/2018/QH14:
a)
Amendments to Article 41:
"Article
41. Right to ownership and right to enjoyment of research and development
(R&D) results
1.
Organizations and individuals investing money, material – technical facilities
for undertaking of science and technology missions shall be owners of the
R&D results, unless otherwise agreed by the parties in the R&D
contract.
2.
Regarding R&D results funded by state budget:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b)
Ministers, heads of ministerial-level agencies, governmental agencies, other
central authorities, Presidents of the People’s Committees of the provinces
shall be representatives of ownership of results of ministerial, provincial or
intra-organizational science and technology missions they approved;
c) Heads
of agencies and organizations other than those mentioned in Point a and Point b
of this Clause shall be representatives of ownership of results of science and
technology missions they approved.
3. The
state ownership representatives prescribed in Clause 2 of this Article are
entitled to assign in part or in whole the right to ownership or right to
enjoyment of R&D results funded by state budget under decisions of the
Government to presiding organizations or other organizations or individuals
that wish to use these results, except in the cases specified in Clause 4 of
this Article.
4.
Regarding inventions, industrial designs, layout designs, plant varieties that
are results of science and technology missions funded by state budget, the
rights to register them shall be automatically assigned to the presiding
organizations without compensation, or to other organizations and individuals
in accordance with Law on Intellectual Property. When the protection titles are
granted, the presiding organizations shall be the owner of the corresponding
inventions, industrial designs, layout designs, plant varieties.
5. The
Government shall elaborate regulations on right to ownership and right to
enjoyment of R&D results prescribed in this Article.";
b)
Amendments to Article 43:
Article 43. Distribution of profit obtained from the use,
transfer of the right to use, transfer of rights, contribution of R&D
results funded by state budget
1. At
least 30% of the profit obtained from the use, transfer of the right to use,
transfer of rights, contribution of R&D results funded by state budget
shall be given to the author. The remaining profit shall be divided among the
owner, the presiding authority and the broker in accordance with regulations of
the Government, except in the cases specified in Clause 2 of this Article.
2. The
distribution of profit obtained from the use, transfer of the right to use,
transfer of rights, contribution of copyrighted inventions, industrial designs,
layout designs, plant varieties that are results of science and technology
missions funded by state budget shall be carried out in accordance with Law on
Intellectual Property.".
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
"a)
Assign the right to enjoyment or right to ownership to the presiding
organization in order to utilize or commercialize the R&D results, unless
they are inventions, industrial designs, layout designs and plant varieties, in
which case right assignment shall comply with regulations of Law on
Intellectual Property;".
4.
Amendments to some Article of the Law on Prices No. 11/2012/QH13, which is
amended by the Law No. 61/2014/QH13 and the Law No. 64/2020/QH14:
a)
Addition of Point d after Point c Clause 1 of Article 19:
"d)
Works, audio and video recordings in case of limited copyrights, limited
related rights according to regulations of Law on Intellectual Property.
b)
Amendments to Point c Clause 3 of Article 19:
"c)
Specific prices and price brackets shall be imposed on:
- Land,
water surface, groundwater, forests owned by the people and represented by the
State, and clean water for domestic use;
- Prices
for lease, lease purchase of social housing and official residences the costs
of which are covered by state budget; prices for sale or lease of state-owned
houses;
- Medical
examination and treatment services, education and training services at health
facilities, educational and training institutions of the State;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c)
Addition of Point d after Point c Clause 1 of Article 22:
"d)
Royalty brackets and royalties when using works, audio and video recordings in
case of limited copyrights, limited related rights according to regulations of
Law on Intellectual Property.".
Article 3. Effect
1. This
Law will take effect from January 1, 2023, except for the cases specified in
Clause 2 and Clause 3 of this Article.
2. Regulations
on protection of marks that are sound trademarks shall be of full force and
effect as of January 14, 2022.
3.
Regulations on protection of experimental data used for agrochemical shall be
of full force and effect as of January 14, 2024.
Article 4. Transition clauses
1.
Copyright and related rights that are granted protection before this Law takes
effect shall continue to be protected in accordance with this Law until the end
of their protection terms.
2.
Applications for registration of copyright and related rights that have been
submitted to competent authorities before this Law takes effect shall continue
to be processed in accordance with regulations of law that are effective when
they are submitted.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a)
Regulations of Clause 13 Article 4 of the Law on Intellectual Property, which
is amended by Point b Clause 1 Article 1 of this Law, shall apply to
applications for registration of industrial designs that are submitted from
August 01, 2020 but do not have a decision on issuance or rejection of issuance
of protection title before the effective date of this Law;
b)
Regulations of Point e and Point h Clause 2 Article 74, Point e Clause 1
Article 106, Point b Clause 3 Article 117 of the Law on Intellectual Property,
which are amended by Point b and Point c Clause 22, Clause 35 and Point b
Clause 42 Article 1 of this Law, shall apply to applications for registration
of industrial property do not have a decision on issuance or rejection of
issuance of protection title before the effective date of this Law;
c)
Regulations of Article 89a, which is added by Clause 27 Article 1 of this,
shall apply to security control of inventions in applications for registration
of that do not have a decision on issuance or rejection of issuance of
protection title before the effective date of this Law;
d)
Regulations of Article 118 of Law on Intellectual Property, which is amended by
Clause 43 Article 1 of this Law, shall apply to applications for registration
of industrial property do not have a notice of appraisal results before the
effective date of this Law;
4.
Regulations of Articles 86, 86a, 133a, 135, 136a, 139, 164, 191, 191a, 191b and
194 of the Law on Intellectual Property, which are amended by Clauses 25, 52,
53, 54, 55, 66, 74 and 75 Clause 1 of this Law, shall apply to inventions,
industrial designs and layout designs that are results of science and
technology missions funded by state budget that are assigned from the effective
date of this Law.
5. Rights
and obligations to industrial designs that are parts of products used for
assembly of complex products under protection titles applied for before August
01, 2020 shall apply regulations of law that are effective before the effective
date of this Law.
The basis
for invalidation of protection titles shall be applied in accordance with
effective laws on grant of these protection titles.
6.
Individuals who are granted industrial property representation service
practising certificates before the effective date of this law may keep
practicing under the granted certificates. Individuals who have passed the
examination on industrial property representation profession organized by
competent authorities before the effective date of this Law will be granted
industrial property representation service practising certificates in
accordance with Law on Intellectual Property No. 50/2005/QH11, which is amended
by Law No. 36/2009/QH12 and Law No. 42/2019/QH14.
7.
Applications for protection of plant variety rights have been submitted to
competent authorities before the effective date of this Law shall continue to
be processed in accordance with regulations of law that are effective when they
are submitted. Individuals who are granted plant variety right representation
service practising certificates before the effective date of this Law may keep
practicing under the granted certificates.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
This
Law was passed on June 16, 2022, by the 15th National Assembly of
the Socialist Republic of Vietnam at its 3rd session.
PRESIDENT OF THE NATIONAL ASSEMBLY
Vuong Dinh Hue