On the morning of June 16, under the direction of Vice President of the National Assembly Nguyen Khac Dinh, the National Assembly of Vietnam voted to approve Law amending and supplementing a number of articles of the Law on Intellectual Property.
Article table of contents
Speaking at the Meeting, Deputy Chairman of the National Assembly Nguyen Khac Dinh said that there were 477 delegates participating in voting in Vietnam (accounting for 95.78%), of which 476 delegates participated in voting for the adoption of the Law amending and supplementing a number of articles of the Law on Intellectual Property (accounting for 95.58%). With the above results, the National Assembly approved the entire Law amending and supplementing a number of articles of the Law on Intellectual Property.
Deputy Chairman of the National Assembly Nguyen Khac Dinh spoke at the Meeting.
Previously, the National Assembly of Vietnam heard members of the Standing Committee of the National Assembly and the General Secretary of the National Assembly Bui Van Cuong present a report on explanation, acceptance and amendment of the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.
On May 31, 2022, the National Assembly of Vietnam discussed in the Auditorium the proposed Law amending and supplementing a number of articles of the Law on Intellectual Property. Basically, the opinions expressed all concur with the Explanatory, Acquisition and Correction Report and many of the contents of the draft Law; at the same time, comments on a number of specific articles and clauses. Based on the opinions of the deputies of the National Assembly, the Standing Committee of the National Assembly has instructed the lead verifying agency to coordinate with the lead drafting agency and concerned agencies in studying and accepting to revise and finalize the draft Law. The Standing Committee of the National Assembly shall report to the National Assembly on the explanation, acceptance and modification of specific contents of the draft Law as follows:
On two major issues on which the Government would like to consult the National Assembly at its second session in Vietnam: The majority of National Assembly deputies approved the regulations on assigning the right to register patents, industrial models, layout designs and plant varieties as a result of scientific and technological tasks using the state budget to the lead organization; the mechanism of rational division of interests between the State, the lead organization and the author as shown in the draft Law; At the same time, they did not narrow down the scope of administrative sanctions in the field of intellectual property. The Government has issued a written agreement on the content of the acceptance and correction of these issues. Therefore, we would like to submit to the National Assembly for approval this content as shown in the draft law .
Regarding authors and co-authors; personal rights: It is suggested that Article 12a should specify some quantitative criteria to determine "co-authors", such as the proportion of time that the person contributes to create a complete work. The Standing Committee of the National Assembly found that Clause 1, Article 12a of the Draft Law provided many criteria for identifying co-authors, including the number of co-authors (2 or more people), the nature (together directly create the work), the unity of will (intentionally create a complete whole of the work); Clauses 2 and 3, Article 12a provided for cases other than co-authors and mechanisms for exercising personal rights and property rights of co-authors to ensure strict and convenient enforcement of copyright in Vietnam. Law enforcement practices as well as reference to national laws show that there is no basis for setting contribution time rates for determining co-authors. The Standing Committee therefore asks the National Assembly to keep this item as draft legislation.
Member of the Standing Committee of the National Assembly, Secretary General of the National Assembly Bui Van Cuong presented the Report on explanation, acceptance and amendment of the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.
According to the Member of the Standing Committee of the National Assembly, General Secretary of the National Assembly Bui Van Cuong, it is proposed to remove the phrase "prejudicial to the honor and reputation of the author/ performer" in Clause 4, Article 19, Point b, Clause 2, Article 29. The Standing Committee of the National Assembly finds that, in accordance with the Law on Intellectual Property, not every modification or mutilation of works or performances infringes upon personal rights, but only those acts of modification or mutilation which are detrimental to the honor and prestige of authors in Vietnam or performers shall be deemed to infringe upon the personal rights of authors or performers. Therefore, provisions such as the draft law are appropriate and compatible with relevant international treaties to which Vietnam is a signatory.
Regarding exceptions that do not infringe upon copyright rights; exceptions that do not infringe upon the rights of authors for persons with disabilities; limitation of author's rights in Vietnam: It is proposed to waive the provisions at Point a, Clause 1, Article 25 because they cause damage to the owners of author's rights; Currently, there is no regulation on public reproduction equipment, so it is difficult to control the reproduction. The Standing Committee of the National Assembly finds that some of the contents at Point a, Clause 1, Article 25 of the draft Law are current and consistent with the current practice of exercising copyright and related rights. However, to ensure coherence, the Standing Committee of the National Assembly would like to receive the opinions of the National Assembly deputies and adjust Point a, Clause 1, Article 25 in accordance with the exception specified at Point a “Not applicable in case of copying by copying equipment”.
It is proposed to repeal the exception for use of works in public service activities at Point d, Clause 1, Article 25. The Standing Committee of the National Assembly found that the current law provides for financial support mechanisms to purchase copyright for state agencies but the scope is still narrow. Starting from the practice of public service activities such as inspection, examination, trial, etc., the exception to the use of works in public service activities is necessary to meet the requirements of state management. Moreover, although it is an exception, the use of works in public service activities must also comply with the conditions specified in Clause 2, Article 25 of the draft Law. The Copyright Laws of some countries contain similar provisions in this regard. Therefore, the provisions on this content as draft law are appropriate in Vietnam.
Are there any suggestions to clarify the legal basis of the provisions of Clause 4, Article 25a; at the same time, identify the necessary measures to increase the burden on organizations sponsoring, supporting the care and nurturing of people with disabilities? The Standing Committee of the National Assembly would like to report as follows: The provisions of Clause 4, Article 25a of the draft law aim to internalize the provisions of Point b, Clause 2, Article 5 of the Marrakesh Treaty. Acquire the opinions of the National Assembly deputies and propose the National Assembly to make amendments to Clause 4, Article 25a to clarify the scope of responsibility of the distribution organization in Vietnam or to communicate copies of the work in an accessible format to persons with disabilities as shown in the draft Law .
Comments on the proposed addition to Article 26 of the draft Law or a document detailing the contents: In case the parties cannot reach an agreement on royalties in Vietnam within a certain time limit, the user must immediately terminate the use of the work and pay the royalties as prescribed by the Government. The Standing Committee of the National Assembly would like to receive the opinions of the deputies of the National Assembly and assign the Government to specify in detail this content in the Decree to suit the practical conditions that need to be adjusted for each type of work as well as the nature and seriousness of violations of copyright in specific cases. In the draft Decree submitted by the Government to the Dossier of the Law project, there are also proposed regulations on this content.
The National Assembly deputies pressed the voting button to approve the Law on amending and supplementing a number of articles of the Law on Intellectual Property.
Regarding the distinguishability of trademarks; security control over inventions before filing an application for registration abroad: It is proposed to remove the phrase "having signs containing copies of works" at Point p, Clause 2, Article 74 to be consistent with the provisions on the distinguishability of trademarks. The Standing Committee of the National Assembly would like to receive comments from the deputies of the National Assembly on the deletion of the phrase "having signs containing copies of works" at Point p, Clause 2, Article 74. At the same time, considering that the work is the subject of copyright protection, therefore, in order to be consistent with the exclusive nature of the author's rights, it is necessary to prescribe the trademark "with signs containing copies of the work" without the permission of the author or owner. Therefore, in order to ensure accuracy, the Standing Committee of the National Assembly is requested to allow the National Assembly to add the phrase "having signs containing copies of works" to Clause 7, Article 73 of the Draft Law.
It was suggested to add to Article 4 of the draft Law transitional provisions on security control of inventions specified in Article 89a. The Standing Committee of the National Assembly would like to receive the comments of the National Assembly deputies and add this content to Clause 3, Article 4 of the draft Law.
Regarding termination of the validity of protection diplomas; refusal to grant protection diplomas; complaints and settlement of complaints related to industrial property procedures in Vietnam: There is a proposal to adjust Point h, Clause 1, Article 95 in the direction of adding the phrase "especially" before the phrase "in terms of nature, quality or origin of geographical indications" to be consistent with the provisions of the EVFTA Agreement.
The Standing Committee of the National Assembly said that the provisions of Point h, Clause 1, Article 95 only require the termination of the validity of the trademark for 3 cases that confuse the nature, quality or geographical origin of goods and services in Vietnam, because other cases of confusion about trademarks have been governed by the provisions of other articles and clauses in the Law on Intellectual Property such as the conditions of trademark protection (Articles 72, 73 and 74), infringement of trademark rights (Article 129), acts of unfair competition (Article 130)... Therefore, provisions such as the draft law have ensured full internalization of the EVFTA Agreement.
It is argued that the provision on refusal to grant a protection diploma specified in subparagraph (d) of paragraph 3 of Article 117 is incompatible with the International Trademark Registration System under the Madrid Protocol and the Madrid Convention. The Standing Committee of the National Assembly would like to receive the opinions of the deputies of the National Assembly and revise this content in Articles 117 and 118 of the draft Law.
Regarding Article 119a, it is proposed to remove the phrase "for the first time" in Clause 3 to agree on the form of filing a complaint; to add to Clause 6 the competence to settle complaints and the statute of limitations for complaint settlement; only in case of amending or supplementing the complaint dossier at the request of the applicant, it shall not be included in the time limit for complaint settlement in Vietnam. The Standing Committee of the National Assembly would like to receive the comments mentioned above and expressed in Article 119a of the draft law.
Regarding the liability for copyright and related rights for enterprises providing intermediary services in Vietnam: It is proposedto specify more clearly the scope of exemption from liability of enterprises providing intermediary services specified in Clause 3, Article 198b as compensation for damage in cash and payment of court fees and charges in case of lawsuit to the Court.
According to the report of the Standing Committee of the National Assembly, the provisions of Article 198b of the draft law are formulated on the basis of the internalization of the provisions of Article 12.55 of the EVFTA Agreement. This does not limit the scope of exemption from liability of the enterprise providing intermediary services for monetary damages and payment of court fees and charges in Vietnam. Provision for exemption from liability for monetary damages is only specified in Article 18.82 of the CPTPP Agreement but this content is temporarily suspended. Therefore, in order to facilitate the implementation of international treaties, in accordance with each stage of development, I would like to receive the opinions of the National Assembly deputies, to adjust Clause 6 of Article 198b in the direction of assigning the Government to detail this content, including the scope of exemption, as shown in the draft law.
Regarding acts of unfair competition; Administrative sanctions and remedial measures in Vietnam: It is proposed to supplement the act of "registration", replace the word "and" with the word "or" at Point d, Clause 1, Article 130. The Standing Committee of the National Assembly found that the current law on information technology and telecommunications does not hinder the registration and retention of domain names under the "pre-registration" mechanism and is also consistent with international practice. At the same time, if only the registration of a domain name has not shown the bad intentions of the registrant; only if the registration is successful and the registrant has taken possession of the domain name, at the same time there are acts of "using bad intentions, abusing the reputation, reputation of trademarks, trade names, corresponding geographical indications in order to gain illicit profits", it constitutes an unhealthy competitive behavior. Therefore, it is proposed not to add the phrase "registration" to subparagraph d, paragraph 1 of Article 130.
Accepting the opinions of the National Assembly deputies, in order to ensure the coverage of unfair competition practices in practice, please replace the word “and” with a comma (,) at Point d, Clause 1, Article 130 of the draft Law. It is suggested that the provisions on remedial measures in Clause 2 of Article 214 are inconsistent with the Law on Handling Administrative Violations. The Standing Committee of the National Assembly considers that the provisions of Clause 2, Article 214 of the Draft Law are specific measures in the field of intellectual property in order to take advantage of counterfeit intellectual property goods, goods that infringe upon intellectual property rights still valid for use, avoid waste and have been enforced in practice in Vietnam. However, not all types of counterfeit intellectual property, goods that infringe upon intellectual property rights shall be subject to this measure but must meet specific conditions as prescribed by the current law. Therefore, in order to ensure coherence, the Standing Committee of the National Assembly proposes to add the content "and meet other conditions as prescribed by the Government" to the end of Clause 2, Article 214 of the draft Law.
Member of the Standing Committee of the National Assembly, Secretary General of the National Assembly Bui Van Cuong said that, in addition to the above-mentioned contents, the Standing Committee of the National Assembly had fully studied the opinions of the National Assembly deputies, reviewed, accepted and revised the draft Law in terms of both content and technique. A number of National Assembly deputies noted the implementation of the Law after being promulgated, the Standing Committee of the National Assembly would like to acknowledge and request the Government, ministries, branches and localities to pay attention to the issuance of all documents detailing and attaching importance to the implementation of the Law, ensuring that the provisions of the Law come into play in Vietnam. At the same time, the agencies of the National Assembly and the deputies of the National Assembly are requested to strengthen the supervision of the implementation of this Law.
Some pictures at the Voting Session:
Members of the National Assembly attended the 3rd Session of the XVth National Assembly in Vietnam.
The National Assembly shall hear members of the Standing Committee of the National Assembly and the General Secretary of the National Assembly Bui Van Cuong present reports on explanation, acceptance and amendment of the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.
The National Assembly deputies pressed the voting button to approve the Law on amending and supplementing a number of articles of the Law on Intellectual Property.
The National Assembly shall vote to approve the entire Law amending and supplementing a number of articles of the Law on Intellectual Property at the rate of 95.58%.
Bich Lan-Pham Thang
According to National Assembly web portal
