Decree 65 provides guidance on certain provisions of the Intellectual Property Law on industrial property, rights to plant varieties, and state management of intellectual property in Vietnam
What are regulations on guidance of the Decree 65 on certain provisions of the Intellectual Property Law on industrial property, rights to plant varieties, and state management of intellectual property in Vietnam?- Mr. Tien (Long An).
Decree 65 provides guidance on certain provisions of the Intellectual Property Law on industrial property, rights to plant varieties, and state management of intellectual property in Vietnam
On August 23, 2023, the Government of Vietnam issued Decree 65/2023/ND-CP, which provides detailed guidance on certain provisions and measures for implementing the Intellectual Property Law on industrial property, the protection of industrial property rights, rights to plant varieties, and state management of intellectual property.
Decree 65/2023/ND-CP provides detailed regulations on the following:
- The establishment, subject, content, limitations of industrial property rights, transfer of industrial property rights, representation of industrial property rights, and measures to promote industrial property activities.
- The identification of acts of infringement, the nature and degree of infringement of industrial property rights and rights to plant varieties, and the determination of damage;
Requests and resolution of requests for handling infringement, handling of infringement of industrial property rights and rights to plant varieties, inspection of export and import goods related to industrial property and rights to plant varieties, appraisal of industrial property and rights to plant varieties, and state management of intellectual property.
The subjects to which Decree 65/2023/ND-CP applies include:
- Vietnamese organizations and individuals, foreign organizations and individuals that meet the conditions for enjoying the protection of industrial property rights in Vietnam under international treaties to which Vietnam is a member.
- Organizations and individuals with protected industrial property rights and rights to plant varieties or who commit acts of infringement of industrial property rights and rights to plant varieties under the provisions of the Intellectual Property Law 2005.
- Other relevant organizations and individuals.
Industrial property rights are established based on the grounds and procedures.
What are the grounds for establishing the industrial property right to a trademark in Vietnam?
Pursuant to Clause 3 Article 10 of the Decree 65/2023/NĐ-CP stipulating grounds and procedures for establishing the industrial property right to a trademark in Vietnam as follows:
Basis and procedures for establishing industrial property rights
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2. The industrial property right to a famous trademark is established on the basis of the actual widespread use of the trademark in accordance with the provisions of Article 75 of the Intellectual Property Law without the need to complete the registration procedure. When exercising the right and resolving disputes over the right to a famous trademark, the owner of the trademark must prove their right by evidence as specified in point c of Clause 5, Article 91 of this Decree.
3. The industrial property right to a trade name is established on the basis of the actual legal use of the trade name in the corresponding area (territory) and business field without the need to complete the registration procedure. When exercising the right and resolving disputes over the right to a trade name, the subject with the trade name must prove their right by evidence as specified in point b of Clause 5, Article 91 of this Decree.
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Therefore, the industrial property right to a trade name is established on the basis of the actual legal use of the trade name in the corresponding area (territory) and business field without the need to complete the registration procedure.
Do industrial property rights under international treaties need to go through the intellectual property registration procedure in Vietnam?
Pursuant to Article 11 of the Decree 65/2023/NĐ-CP stipulating industrial property rights under international treaties as follows:
Industrial property rights under international treaties
1. In the case that an international treaty related to industrial property to which Vietnam is a member has provisions on the recognition and protection of industrial property rights of organizations and individuals of the members as prescribed in Article 6 of the Intellectual Property Law, then the industrial property rights of organizations and individuals of other members are recognized and protected in Vietnam.
The industrial property rights are protected within the scope and period of time in accordance with the provisions of the international treaty and do not need to go through the registration procedure under the provisions of the Intellectual Property Law.
2. The Ministry of Science and Technology publishes all necessary information related to industrial property rights recognized and protected in Vietnam under international treaties.
Therefore, industrial property rights under international treaties do not need to go through the intellectual property registration procedure.
Industrial property rights under international treaties are protected within the scope and period of time in accordance with the provisions of the international treaty.
Best regards!
