GINTASSET Intellectual Property Law Firm - AMENDMENT OF INTELLECTUAL PROPERTY LAW OF VIETNAM GINTASSET

AMENDMENT OF INTELLECTUAL PROPERTY LAW OF VIETNAM

The amended IP Law was passed by the National Assembly on June 19, 2009, with effectiveness as from January 1, 2010.  The main changes are summarized as follows:

Copyright and Related Rights

As regards the time-limit of copyright protection on cinematographic works, photographic works, applied art works and anonymous works: the duration will be prolonged to 75 years as from its first publication, or 100 years if the work has not been published within 25 years after formulation (Point a Clause 2 Article 27). At the same time, stage work will be removed from the above provision and changed to be protected for the whole life of the author (Point b Clause Article 27).

As regards the copyright holders of anonymous works: copyright holder of anonymous works has been defined more details, until when the author of works is not confirmed, organizations and individuals holding the anonymous works will be benefited from the ownership right (clause 2 Article 41), or the State will be benefited in case of no such owner (Clause 1 Article 42).

Industrial Property Rights

As regards the time-limit for processing applications for registration of industrial property objects, substantive examination duration are prolonged to 8 months for patent applications, 9 months for trademark applications, and 7 months for industrial design applications ( clause 2 Article 119);  At the same time, the duration for settlement of the amendment or supplementation requests of all kinds of applications will not exceed one- third of the relevant examination process.( Clause 4 Article 119)      

As regards conditions applicable to industrial property representation service business for organizations, the list of organizations permitted in providing IP services will be added cooperative on top of local IP agents, and at the same time confirming the exclusion of foreign law offices practicing IP in Vietnam. (Clause 1 Article 154).

Enforcement of Intellectual Property Rights

Acts of infringement of industrial property rights shall be subject to administrative penalties, acts of infringement of industrial property rights that cause losses and damages to copyright owners are supplemented (Clause 1 Article 211). The requirement to the IP owner in sending written notice to the alleged infringers requesting the termination of infringing act before filing petition or taking further action is removed. 

As regards the forms of administrative penalty and remedies, the level of monetary fine is changed to be 500 millions VND at the maximum (Clause 4 Article 214) (the old level is at least equal to the value of the detected infringing goods but shall not exceed five times such value).

As regards customs procedures, the duration for suspension of customs procedures will be adjusted to be commenced from the date the requester receives the notice on suspension of customs procedures from the Custom Office ( Clause 2 Article 218).

 
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