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:
and Related Rights
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).
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).
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
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).
of Intellectual Property Rights
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.
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).
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).