The Vietnam National Assembly recently amended the Intellectual Property law that will take effect from January 1, 2023. However, the final version of the law is not publicly available thus any news or reports are limited to the amendment process and development of Vietnamese IP law.
The first IP law in Vietnam came into effect July 1, 2006, however, the laws had certain shortcomings and limitations especially in the context of international integration. Thus, the Vietnamese Government considered it necessary to improve and amend the law to meet the requirement of practice, administrative process reformation and to ensure implementation of IP commitments in Free Trade Agreements.
The amendments are also aimed at promoting scientific and technological research outcomes.
An attempt towards an amendment began in 2017, with a resolution to improve the IP institutions in place to promote creativity, transparency, reliability and enforcing IP rights.
Draft amendments were developed and then passed by the National Assembly of Vietnam with the first draft in September 2020 by the Ministry of Science and Technology.
This was followed by a second amended draft in October 2021. After receiving more comments, the Legal Committee of the National Assembly held workshops and came up with a third draft in February 2022. The period February – May 2022 the Legal Committee and the National Assembly held conferences and seminars which resulted in a revised fourth draft. This draft was then submitted to the XV National Assembly on 31 May 2022 where it was further revised, and explanations were provided.
In June 2022 after listening to the explanations of the Legal Committee, the Assembly voted to pass the amended IP law. This materializes as a step towards perfecting the Intellectual Property institution to improve the efficacy and effectiveness of the state IP regime.
With the support of 95.58 percent of the National Assembly's members, the most recent revision to Vietnam's intellectual property law was eventually approved on June 16, 2022. Since there have been changes to both IP ownership and enforcement, the amendment has drawn a lot of attention from both IP rights holders and law enforcement agencies.
Notably, Vietnam will now accept sound marks under the revised IP Law, demonstrating the nation's attempts to abide by international treaties and agreements to which it is a party, such the CPTPP and the EVFTA.
Although there will be difficulties in defending sound marks, this adoption should give owners of IP rights one more practical form of intellectual property protection in the evolving technological world.
The grounds for co-authorship in terms of copyright have been defined with more information regarding the number of writers (from two authors and above), the authors' contributions, the authors' intentions, etc. These standards are comparable to those of other legal systems, such as the British or American ones. This adjustment promises a better situation with fewer disagreements over who owns collaborative works because the definition of co-author is a key factor in determining ownership of the work.
Unsurprisingly, the National Assembly decided to continue using administrative punishments as a sanction for infraction. This differs from one of the earlier versions of the amendment, where administrative sanctions were not mentioned as a means of defending IP rights.
Many academics and legal professionals had strongly opposed this elimination, arguing that it would deter owners from defending their rights because the civil lawsuit process frequently takes longer and is more expensive than administrative fines.
Additionally, IP infringement can have a detrimental impact on social advancement and consumer safety in addition to impairing the legal benefit of IP rights holders. Owners of IP rights can feel secure knowing that they still have access to all accessible and effective protective mechanisms thanks to the National Assembly's reversal.
With the exception of the provisions on sound marks, which will go into effect on January 14, 2023, and the provisions on test data protection for agrochemicals, which will be delayed until January 14, 2024, the amended IP Law will go into effect on January 1, 2023, promising a new era for intellectual property in Vietnam.