What is reasonable recitation of works in Law on Intellectual Property in Vietnam?

What is reasonable recitation of works in Law on Intellectual Property in Vietnam?

Intellectual property law allows reasonable citation of works without misrepresenting the authors' views for commentary or illustrative purpose. So what is reasonable recitation of works in Law on Intellectual Property in Vietnam?

Answer: Clause 6, Article 1 of the 2009 Amendment to the Intellectual Property Law stipulates that cases of use of published works in which permission and payment of royalties or remunerations are not required include:

b/ Reasonable recitation of works without misrepresenting the authors' views for commentary or illustrative purpose;

And according to Article 23 of Decree 22/2018/ND-CP, reasonable recitation of a work by a person without misrepresenting the author’s views for commentary or illustrative purpose in his/her work as provided for at Point b, Clause 1, Article 25 of the Intellectual Property Law must satisfy the following conditions:

1. The recited parts aim merely to introduce, comment or clarify matters touched upon in his/her work.

2. The number and essence of parts recited from the work used for recitation are not prejudicial to the copyright to such work and suitable to the nature and characteristics of the type of work used for recitation.

Thus, our country's current intellectual property law does not provide a definition of what constitutes a reasonable citation of a work in Vietnam.

However, according to the above instructions in Vietnam, properly citing a work without distorting the author's intention to comment or illustrate in your work must fully ensure the above conditions.

What is reasonable recitation of works in Law on Intellectual Property in Vietnam? (Image from the Internet)

In intellectual property law, can  law-practicing organizations provide industrial property representation service businesses in Vietnam?

Please advice on business conditions for industrial property representation services? Are law practice organizations allowed to provide this service?

Answer: Clause 17, Article 1 of the 2009 Amendment to the Intellectual Property Law stipulates:

Organizations that satisfy the following conditions may provide industrial property representation services as industrial property representation service organizations:

1. Being law-practicing businesses, cooperatives or organizations, or scientific and technological service organizations lawfully established and operating, except foreign law-practicing organizations operating in Vietnam;

2. Having the function of providing industrial property representation services, which is stated in their business registration certificates or operation registration certificates (below collectively referred to as business registration certificates);

3. Their heads or persons authorized by their heads must satisfy the conditions for industrial property representation service practice, specified in Clause 1, Article 155 of this Law.

Thus, law-practicing organizations established and operating according to the provisions of law (except for foreign law-practicing organizations practicing in Vietnam) will be allowed to do business in industrial property representation services with name of industrial property representation service organization in Vietnam.

Regarding intellectual property law, when does the assignee become the plant variety protection certificate holder in Vietnam?

Let me ask, according to the regulations, from what point does the assignee of plant variety rights become the plant variety protection certificate holder?

Answer: Clause 25, Article 1 of the 2009 Amendment to the Intellectual Property Law stipulates:

1. Assignment of rights to a plant variety means the transfer by the plant variety protection certificate holder of all rights to that plant variety to the assignee. The assignee will become the plant variety protection certificate holder from the date of registration of the assignment contract with a slate management agency in charge of rights to plant varieties according to law-prescribed procedures.

Thus, the assignee becomes the plant variety protection certificate holder from the date of registration of the assignment contract with a slate management agency in charge of rights to plant varieties according to the procedures prescribed by law in Vietnam.

Best regards!