07/10/2022 09:22

Amendment to the Intellectual Property Law of Vietnam in 2022, effective from January 1st, 2023

 Amendment to the Intellectual Property Law of Vietnam in 2022, effective from January 1st, 2023

On June 16th, 2022, the National Assembly of Vietnam approved the revised Intellectual Property Law at its 3rd session, term XV.

Accordingly, the revised Law on Intellectual Property in 2022 provides for authors and co-authors in Vietnam as follows:

The author is the person who directly created the work. In case of two or more people directly co-create a work with the intention that their contributions are combined into a complete whole, those persons are co-authors.

- The person who supports, gives suggestions or provides materials for other people to create works is not the author or co-author.

- The moral rights and property rights for works with co-authors must be agreed upon by the co-authors, unless the work has a separate part which can be separated for independent use without detriment of other co-authors or otherwise provided by law in Vietnam.

Thus, compared with the regulations on authors and co-authors in Decree 22/2018/ND-CP of Vietnam, "Co-authors are authors who jointly create part or the whole of a literary or an artistic and scientific work" while according to the new regulations, to identify co-authors includes the following criterias: from 2 people or more, directly co-creating the work, and jointly creating a complete whole of the work.

In addition, the new regulation also adds provisions in moral rights including:

- Name the work.

The Vietnamese author has the right to transfer the right to use the right to name the work to the organization or individual receiving the transfer of the property rights specified in Clause 1, Article 20 of amendment to the Intellectual Property Law in 2022; (additional)

- Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;

- Publish the work or allow others to publish the work;

- Protect the integrity of the work from being misrepresented by others; not allow others to modify or mutilate the work in any way that is prejudicial to the honor and reputation of the author.

The revised Law on Intellectual Property 2022 of Vietnam takes effect from January 1, 2023.


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