Newest regulations on acts infringing upon industrial property rights on the Internet in Vietnam

Newest regulations on acts infringing upon industrial property rights on the Internet in Vietnam (Image from the internet)

Newest regulations on acts infringing upon industrial property rights on the Internet in Vietnam

Clause 7, Article 1 of Circular 06/2024/TT-BKHCN amends and supplements Article 10 of Circular 11/2015/TT-BKHCN concerning acts infringing upon industrial property rights on the Internet in Vietnam as follows:

(1) An act is considered to occur on the internet when it meets the conditions specified in Clause 4, Article 72 of Decree 65/2023/ND-CP dated August 23, 2023, of the Government of Vietnam detailing certain articles and implementing measures of the Intellectual Property Law regarding industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property, and is also considered a violation in the field of industrial property and is subjected to administrative sanctions according to Decree 99/2013/ND-CP.

(2) The entity registering a domain name who allows other organizations or individuals to use the domain name, knowing or having grounds to know that the organization or individual uses the domain name to commit a violation as specified in (1), is also considered to be committing a violation and may face penalties according to the corresponding provisions of Decree 99/2013/ND-CP.

Current regulations on subject matter of related rights eligible for protection in Vietnam

Pursuant to the provisions of Article 17 of the Intellectual Property Law 2005, subject matter of related rights eligible for protection in Vietnam include:

- A performance is protected if it falls into one of the following cases:

+ The performance is carried out by Vietnamese citizens in Vietnam or abroad;

+ The performance is carried out by foreigners in Vietnam;

+ The performance is fixed in protected sound and video recordings as provided in Article 30 of the Intellectual Property Law 2005;

+ The unfixed performance in sound or video recordings that has been broadcast is protected as provided in Article 31 of the Intellectual Property Law 2005;

+ The performance is protected under international treaties to which the Socialist Republic of Vietnam is a member.

- Sound and video recordings are protected if they fall into one of the following cases:

+ Sound and video recordings of producers who are Vietnamese nationals;

+ Sound and video recordings of producers are protected under international treaties to which the Socialist Republic of Vietnam is a member.

- Broadcast programs and encrypted satellite signals carrying programs are protected if they fall into one of the following cases:

+ Broadcasting programs and encrypted satellite signals carrying programs of broadcasting organizations who are Vietnamese nationals;

+ Broadcasting programs and encrypted satellite signals carrying programs are protected under international treaties to which the Socialist Republic of Vietnam is a member.

- Performances, sound and video recordings, broadcast programs, encrypted satellite signals carrying programs will only be protected under Clauses 1, 2, and 3 of Article 17 of the Intellectual Property Law 2005 provided that they do not harm the copyright.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE