The level of Vietnam remuneration paid to authors of inventions, industrial designs and layout designs in the absence of an agreement from January 1, 2023?
- How to pay Vietnam remuneration paid to authors of inventions, industrial designs and layout designs according to current regulations?
- Regulations on the obligation to pay Vietnam remuneration paid to authors of inventions, industrial designs and layout designs from January 1, 2023?
- What is the prior use right for inventions and industrial designs according to current regulations?
How to pay Vietnam remuneration paid to authors of inventions, industrial designs and layout designs according to current regulations?
Pursuant to Article 135 of the 2005 Intellectual Property Law, which stipulates the obligation to pay Vietnam remuneration paid to authors of inventions, industrial designs and layout designs as follows:
"Article 135. Obligation to pay remuneration to authors of inventions, industrial designs and layout designs
1. The owner of an invention, industrial design or layout design is obliged to pay remuneration to the author as prescribed in Clauses 2 and 3 of this Article, unless otherwise agreed by the parties.
2. The minimum remuneration that the owner must pay to the author is prescribed as follows:
a) 10% of the profit earned by the owner from using the invention, industrial design or layout design;
b) 15% of the total amount received by the owner in each payment due to the licensing of the right to use an invention, industrial design or layout design.
3. In case an invention, industrial design or layout design is created by many authors, the remuneration level specified in Clause 2 of this Article is the level for all co-authors; The co-authors themselves agree on the division of the remuneration paid by the owner.
4. The obligation to pay remuneration to the creator of an invention, industrial design or layout design exists throughout the protection term of the invention, industrial design or layout design.
Thus, the obligation to pay Vietnam remuneration paid to authors of inventions, industrial designs and layout designs under the 2005 Intellectual Property Law is prescribed as above.
Regulations on the obligation to pay Vietnam remuneration paid to authors of inventions, industrial designs and layout designs from January 1, 2023?
Pursuant to Clause 53, Article 1 of the Law on Intellectual Property, amended in 2022, the following provisions are made:
"Article 1. Amending and supplementing a number of articles of the Intellectual Property Law
...
53. To amend and supplement Article 135 as follows:
“Article 135. Obligation to pay remuneration to authors of inventions, industrial designs and layout designs
1. Except for the case specified in Clause 2 of this Article, the owner of an invention, industrial design or layout design is obliged to pay remuneration to the author as agreed; In case there is no agreement, the remuneration paid to the author shall be as follows:
a) 10% of the pre-tax profit earned by the owner from using the invention, industrial design or layout design;
b) 15% of the total amount received by the owner in each payment received for licensing the right to use the invention, industrial design or layout design before paying tax as prescribed.
2. For inventions, industrial designs and layout designs that are the result of scientific and technological tasks funded with the state budget, the owner shall pay remuneration to the author according to the following provisions:
a) A minimum of 10% and a maximum of 15% of the pre-tax profit earned by the owner from the use of an invention, industrial design or layout design;
b) A minimum of 15% and a maximum of 20% of the total amount received by the owner in each payment due to the licensing of the right to use an invention, industrial design or layout design before paying tax according to the provisions of law. regulations.
3. In the case of inventions, industrial designs or layout designs with co-authors, the remuneration rates specified in Clauses 1 and 2 of this Article are those for co-authors. The co-authors themselves agree on the division of the remuneration paid by the owner.
4. The obligation to pay remuneration to the author of an invention, industrial design or layout design exists throughout the protection term of the invention, industrial design or layout design.”
Thus, according to the provisions of the revised Intellectual Property Law 2022, the obligation to pay Vietnam remuneration paid to the author of an invention, industrial design, or layout design in the absence of an agreement, the Vietnam remuneration paid to the author shall be the same. is calculated as follows:
- 10% of pre-tax profits earned by owners from using inventions, industrial designs, layout designs;
- 15% of the total amount received by the owner in each payment received for licensing the right to use an invention, industrial design, or layout design before paying tax as prescribed.
The level of Vietnam remuneration paid to the author of an invention, industrial design, or layout design in the absence of an agreement from January 1, 2023? (Image from the internet)
What is the prior use right for inventions and industrial designs according to current regulations?
Pursuant to Article 134 of the 2005 Intellectual Property Law provides as follows:
"Article 134. Prior use right to inventions and industrial designs
1. In case before the date of publication of an invention or industrial design registration application, someone has used or prepared necessary conditions for using the invention or industrial design which is identical with the invention or design. industrial design in the registration application but created independently (hereinafter referred to as the person having the right to use first), after the protection title is granted, that person has the right to continue using the invention, design industrial design in scope and volume used or prepared for use without obtaining permission or paying compensation to the owner of the protected invention or industrial design. The exercise of users' rights before inventions or industrial designs shall not be considered infringing upon the rights of owners of inventions or industrial designs.
2. The holder of the right to pre-use an invention or industrial design is not allowed to transfer that right to another person, unless such right is transferred together with the transfer of the production or business establishment where the use or standard is used. used patents, industrial designs. The holder of the prior use right may not expand the scope or volume of use without the permission of the owner of the invention or industrial design."
Thus, the right of prior use for inventions and industrial designs is prescribed as above.
The revised Law on Intellectual Property 2022 takes effect from January 1, 2023.
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