Law 50/2005-2022/Vietnam on Intellectual Property

Mục lục . Content

Amending in 2009, 2019, 2022 (English – Tiếng Anh)

1/4. LAW 50/2005/QH11 ON INTELLECTUAL PROPERTY

LAW No. 50/2005/QH11

November 29, 2005

ON INTELLECTUAL PROPERTY

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

This Law provides for intellectual property.

PART ONE. GENERAL PROVISIONS

Article 1.- Governing scope

This Law provides for copyright, copyright-related rights, industrial property rights, rights to plant varieties and the protection of these rights.

Article 2.- Subjects of application

This Law applies to Vietnamese organizations and individuals; foreign organizations and individuals that satisfy the conditions specified in this Law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 3.- Subject matters of intellectual property rights

1. Subject matters of copyright include literary, artistic and scientific works; subject matters of copyright-related rights include performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.

2. Subject matters of industrial property rights include inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.

3. Subject matters of rights to plant varieties include plant varieties and reproductive materials.

Article 4.- Interpretation of terms

In this Law, the following terms shall be construed as follows:

1. Intellectual property rights mean rights of organizations and individuals to intellectual assets, including copyright and copyright-related rights, industrial property rights and rights to plant varieties.

2. Copyright means rights of organizations and individuals to works they have created or own.

3. Copyright-related rights (hereinafter referred to as related rights) mean rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.

4. Industrial property rights mean rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications they have created or own, and right to repression of unfair competition.

5. Rights to plant varieties mean rights of organizations and individuals to new plant varieties they have selected, created or discovered and developed, or own.

6. An intellectual property right holder means an owner of intellectual property rights or an organization or individual that is assigned intellectual property rights by the owner.

7. A work means a creation of the mind in the literary, artistic or scientific domain, whatever may be the mode or form of its expression.

8. A derivative work means a work which is translated from one language into another, adapted, modified, transformed, compiled, annotated or selected.

9. A published work, phonogram or video recording means a work, phonogram or video recording which has been made available to the public with the permission of the copyright holder or related right holder in a reasonable amount of copies.

10. Reproduction means the making of one or many copies of a work or a phonogram or video recording by whatever mode or in whatever form, including permanent or provisional backup of the work in electronic form.

11. Broadcasting means the transmission of sound or image or both sound and image of a work, a performance, a phonogram, a video recording or a broadcast to the public by wire or wireless means, including satellite transmission, in such a way that members of the public may access that work from a place and at a time they themselves select.

12. An invention means a technical solution in form of a product or a process which is intended to solve a problem by application of laws of nature.

13. An industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.

14. A semiconductor integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections, are integrally formed in or on a piece of semiconductor material and which is intended to perform an electronic function. Integrated circuit is synonymous to IC, chip and microelectronic circuit.

15. A layout-design of semiconductor integrated circuit (hereinafter referred to as layout design) means a three-dimensional disposition of circuit elements and their interconnections in a semiconductor integrated circuit.

16. A mark means any sign used to distinguish goods and/or services of different organizations or individuals.

17. A collective mark means a mark used to distinguish goods and/or services of members from those of non-members of an organization which is the owner of such mark.

18. A certification mark means a mark which is authorized by its owner to be used by another organization or individual on the latter’s goods and/or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods and/or services bearing the mark.

19. An integrated mark means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.

20. A well-known mark means a mark widely known by consumers throughout the Vietnamese territory.

21. A trade name means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.

A business area mentioned in this Clause means a geographical area where a business entity has its partners, customers or earns its reputation.

22. A geographical indication means a sign which identifies a product as originating from a specific region, locality, territory or country.

23. A trade secret means information obtained from activities of financial and/or intellectual investment, which has not yet been disclosed and can be used in business.

24. A plant variety means a plant grouping within a single botanical taxon of the lowest known rank, which is morphologically uniform and suitable for being propagated unchanged, and can be defined by the expression of phenotypes resulting from a genotype or a combination of given genotypes, and distinguished from any other plant grouping by the expression of at least one inheritable phenotype.

25. A protection title means a document granted by the competent state agency to an organization or individual in order to establish industrial property rights to an invention, industrial design, layout-design, trademark or geographical indication; or rights to a plant variety.

Article 5.- Application of law

1. Where there exist intellectual property-related civil matters which are not provided for in this Law, the provisions of the Civil Code shall apply.

2. Where there exist differences between this Law’s provisions on intellectual property and those of other laws, the provisions of this Law shall apply.

3. Where a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty shall apply.

Article 6.- Bases for the emergence and establishment of intellectual property rights

1. Copyright shall arise at the moment when a work is created and fixed in a certain material form, irrespective of its content, quality, presentation, means of fixation, language and whether or not it has been published or registered.

2. Related rights shall arise at the moment when a performance, phonogram, video recording, broadcast or encrypted program-carrying satellite signal is fixed or displayed without any prejudice to copyright.

3. Industrial property rights are established as follows:

a/ Industrial property rights to an invention, industrial design, layout-design, mark or geographical indication shall be established on the basis of a decision of the competent state agency on the grant of a protection title according to the registration procedures stipulated in this Law or the recognition of international registration under treaties to which the Socialist Republic of Vietnam is a contracting party; for a well-known mark, industrial property rights shall be established on the basis of use process, not subject to any registration procedures.

b/ Industrial property rights to a trade name shall be established on the basis of lawful use thereof;

c/ Industrial property rights to a trade secret shall be established on the basis of lawful acquirement and confidentiality thereof;

d/ Rights to repression of unfair competition shall be established on the basis of competition in business.

4. Rights to a plant variety shall be established on the basis of a decision of the competent state agency on the grant of plant variety protection title according to the registration procedures specified in this Law.

Article 7.- Limitations on intellectual property rights

1. Intellectual property right holders shall only exercise their rights within the scope and term of protection provided for in this Law.

2. The exercise of intellectual property rights must neither be prejudicial to the State’s interests, public interests, legitimate rights and interests of other organizations and individuals, nor violate other relevant provisions of law.

3. In the circumstances where the achievement of defense, security, people’s life-related objectives and other interests of the State and society specified in this Law should be guaranteed, the State may prohibit or restrict the exercise of intellectual property rights by the holders or compel the licensing by the holders of one or several of their rights to other organizations or individuals with appropriate terms.

Article 8.- The State’s intellectual property policies

1. To recognize and protect intellectual property rights of organizations and individuals on the basis of harmonizing benefits of intellectual property rights holders and public interests; not to protect intellectual property objects which are contrary to the social ethics and public order and prejudicial to defense and security.

2. To encourage and promote activities of creation and utilization of intellectual assets in order to contribute to the socio-economic development and the improvement of the people’s material and spiritual life.

3. To provide financial supports for the receipt and exploitation of assigned intellectual property rights for public interests; to encourage organizations and individuals at home or abroad to provide financial aids for creative activities and the protection of intellectual property rights.

4. To prioritize investment in training and fostering the contingent of cadres, public servants and other relevant subjects engaged in the protection of intellectual property rights and the research into and application of sciences and techniques to the protection of intellectual property rights.

Article 9.- Right and responsibility of organizations and individuals for the protection of intellectual property rights

Organizations and individuals have the right to apply measures allowed by law to protect their intellectual property rights and have the responsibility to respect intellectual property rights of other organizations and individuals in accordance with the provisions of this Law and other relevant provisions of law.

Article 10.- Contents of state management of intellectual property

1. Formulating and directing the materialization of strategies and policies on protection of intellectual property rights.

2. Promulgating and organizing the implementation of legal documents on intellectual property.

3. Organizing the apparatus for management of intellectual property; training and fostering intellectual property personnel.

4. Granting and carrying out other procedures related to registered copyright certificates, registered related rights certificates, protection titles for industrial property objects and plant variety protection titles.

5. Inspecting and examining the observance of intellectual property law; settling complaints and denunciations, and handling violations of intellectual property law.

6. Organizing intellectual property information and statistical activities.

7. Organizing and managing intellectual property assessment activities.

8. Educating, communicating and disseminating intellectual property knowledge and law.

9. Entering into international cooperation on intellectual property.

Article 11.- Responsibilities for state management of intellectual property

1. The Government shall exercise unified state management of intellectual property.

2. The Science and Technology Ministry shall be answerable to the Government for assuming the prime responsibility for, and coordinating with the Culture and Information Ministry and the Agriculture and Rural Development Ministry in, performing the state management of intellectual property and the state management of industrial property rights.

The Culture and Information Ministry shall, within the ambit of its tasks and powers, perform the state management of copyright and related rights.

The Agriculture and Rural Development Ministry shall, within the ambit of its tasks and powers, perform the state management of rights to plant varieties.

3. Ministries, ministerial-level agencies and Government-attached agencies shall, within the ambit of their tasks and powers, have to coordinate with the Science and Technology Ministry, the Culture and Information Ministry, the Agriculture and Rural Development Ministry and provincial/municipal People’s Committees in performing the state management of intellectual property.

4. People’s Committees at all levels shall perform the state management over intellectual property in their localities.

5. The Government shall specify the powers and responsibilities for state management of intellectual property of the Science and Technology Ministry, the Culture and Information Ministry, the Agriculture and Rural Development Ministry and People’s Committees at all levels.

Article 12.- Intellectual property fees and charges

Organizations and individuals shall have to pay fees and/or charges when carrying out the procedures related to intellectual property rights according to the provisions of this Law and other relevant provisions of law.

PART TWO. COPYRIGHT AND RELATED RIGHTS

CHAPTER I. CONDITIONS FOR PROTECTION OF COPYRIGHT AND RELATED RIGHTS

SECTION 1. CONDITIONS FOR PROTECTION OF COPYRIGHT

Article 13.- Authors and copyright holders that have works covered by copyright

1. Organizations and individuals that have works covered by copyright include persons who personally create such works and copyright holders defined in Articles 37 thru 42 of this Law.

2. Authors and copyright holders defined in Clause 1 of this Article include Vietnamese organizations and individuals; foreign organizations and individuals that have works first published in Vietnam and not yet published in any other country, or simultaneously published in Vietnam within thirty days after its first publication in another country; foreign organizations and individuals that have works protected in Vietnam under international conventions on copyright to which the Socialist Republic of Vietnam is a contracting party.

Article 14.- Types of works covered by copyright

1. Literary, artistic and scientific works covered by copyright include:

a/ Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters;

b/ Lectures, addresses and other sermons;

c/ Press works;

d/ Musical works;

e/ Dramatic works;

f/ Cinematographic works and works created by a process analogous to cinematography (hereinafter referred to collectively as cinematographic works);

g/ Plastic-art works and works of applied art;

h/ Photographic works;

i/ Architectural works;

j/ Sketches, plans, maps and drawings related to topography or scientific works;

k/ Folklore and folk-art works of folk culture;

l/ Computer programs and compilations of data.

2. Derivative works shall be protected according to the provisions of Clause 1 of this Article only if it is not prejudicial to the copyright to works used to create such derivative works.

3. Protected works defined in Clauses 1 and 2 of this Article must be created personally by authors through their intellectual labor without copying others’ works.

4. The Government shall guide in detail the types of works specified in Clause 1 of this Article.

Article 15.- Subject matters not covered by copyright protection

1. News of the day as mere items of press information.

2. Legal documents, administrative documents and other documents in the judicial domain and official translations of these documents.

3. Processes, systems, operation methods, concepts, principles and data.

SECTION 2. CONDITIONS FOR PROTECTION OF RELATED RIGHTS

Article 16.- Organizations and individuals eligible for protection of related rights

1. Actors/actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works (hereinafter referred to collectively as performers).

2. Organizations and individuals that own performances defined in Clause 1, Article 44 of this Law.

3. Organizations and individuals that first fix sounds and images of performances or other sounds and images (hereinafter referred to collectively as producers of phonograms and video recordings).

4. Organizations which initiate and carry out the broadcasting (hereinafter referred to as broadcasting organizations).

Article 17.- Subject matters of related rights eligible for protection

1. Performances shall be protected if they fall into one of the following cases:

a/ They are made by Vietnamese citizens in Vietnam or abroad;

b/ They are made by foreigners in Vietnam;

c/ They are fixed on phonograms or video recordings, and protected under the provisions of Article 30 of this Law;

d/ They have not yet been fixed on phonograms or video recordings but already been broadcast, and are protected under the provisions of Article 31 of this Law;

e/ They are protected under treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Phonograms and video recordings shall be protected if they fall into one of the following cases:

a/ They belong to phonogram and video recording producers bearing the Vietnamese nationality;

b/ They belong to phonogram and video recording producers protected under treaties to which the Socialist Republic of Vietnam is a contracting party.

3. Broadcasts and encrypted program-carrying satellite signals shall be protected if they fall into one of the following cases:

a/ They belong to broadcasting organizations bearing the Vietnamese nationality;

b/ They belong to broadcasting organizations protected under treaties to which the Socialist Republic of Vietnam is a contracting party.

4. Performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals shall only be protected under the provisions of Clauses 1, 2 and 3 of this Article provided that they are not prejudicial to copyright.

CHAOTER II. CONTENTS OF, LIMITATIONS ON AND TERM OF PROTECTION OF COPYRIGHT AND RELATED RIGHTS

SECTION 1. CONTENTS OF, LIMITATIONS ON AND TERM OF PROTECTION OF COPYRIGHT

Article 18.- Copyright

Copyright to works provided for in this Law consists of moral rights and economic rights.

Article 19.- Moral rights

Moral rights of authors include the following rights:

1. To title their works;

2. To attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used;

3. To publish their works or authorize other persons to publish their works;

4. To protect the integrity of their works, and to prevent other persons from modifying, mutilating or distorting their works in whatever form prejudicial to their honor and reputation.

Article 20.- Economic rights

1. Economic rights of authors include the following rights:

a/ To make derivative works;

b/ To display their works to the public;

c/ To reproduce their works;

d/ To distribute or import original works or copies thereof;

e/ To communicate their works to the public by wire or wireless means, electronic information networks or any other technical means;

f/ To lease original cinematographic works and computer programs or copies thereof.

2. The rights specified in Clause 1 of this Article shall be exclusively exercised by authors or copyright holders, or granted by authors or copyright holders to other persons for exercise under the provisions of this Law.

3. Organizations and individuals, when exercising one, several or all of the rights specified in Clause 1, this Article and Clause 3, Article 19 of this Law, shall have to ask for permission of and pay royalties, remunerations and other material benefits to copyright holders.

Article 21.- Copyright to cinematographic works and dramatic works

1. Persons who act as directors; screenwriters; cameramen; montage-makers; music composers; art designers; studio sound, lighting and art designers; studio instrument and technical-effect designers, and persons engaged in other creative jobs in the making of cinematographic works, shall enjoy the rights specified in Clauses 1, 2 and 4, Article 19 of this Law and other agreeable rights.

Persons who act as directors, playwrights, choreographers, music composers, art designers, stage sound, lighting and art designers, stage instrument and technical-effect designers, and persons engaged in other creative jobs in the making of dramatic works, shall enjoy the rights specified in Clauses 1, 2 and 4, Article 19 of this Law and other agreeable rights.

2. Organizations and individuals that invest their finance and material-technical facilities in the production of cinematographic works and dramatic works shall be holders of the rights specified in Clause 3, Article 19 and Article 20 of this Law.

3. Organizations and individuals defined in Clause 2 of this Article are obliged to pay royalties, remunerations and other material benefits as agreed upon with the persons defined in Clause 1 of this Article.

Article 22.- Copyright to computer programs and compilations of data

1. A computer program means a set of instructions which is expressed in form of commands, codes, diagrams or any other form and, when incorporated in a device readable to computers, capable of enabling such computers to perform a job or achieve a designated result.

Computer programs shall be protected like literary works, irrespective of whether they are expressed in form of source codes or machine codes.

2. A compilation of data means a set of data selected or arranged in a creative manner and expressed in electronic form or other forms.

The protection of copyright to compilations of data does not cover, and is not prejudicial to copyright to those very data.

Article 23.- Copyright to folklore or folk-art works of folklore

1. Folklore or folk-art works mean collective creations based on traditions of a community or individuals reflecting such community’s earnest expectations, of which the expression is appropriate to its cultural and social characteristics, and its standards and values, which have been handed down by imitation or other modes. Folklore and folk-art works include:

a/ Folk tales, lyrics and riddles;

b/ Folk songs and melodies;

c/ Folk dances, plays, rites and games;

d/ Folk art products, including graphics, paintings, sculptures, musical instruments, architectural models, and products of other folk arts expressed in whatever material form.

2. Organizations and individuals using folklore and folk-art works of folklore must refer to their sources and preserve their true values.

Article 24.- Copyright to literary, artistic and scientific works

The protection of copyright to literary, artistic and scientific works provided for in Clause 1, Article 14 of this Law shall be specified by the Government.

Article 25.- Cases of use of published works where permission and payment of royalties and/or remunerations are not required

1. Cases of use of published works where permission or payment of royalties and/or remunerations is not required include:

a/ Duplication of works by authors for scientific research or teaching purpose;

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

c/ Recitation of works without misrepresenting the authors’ views in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries;

d/ Recitation of works in schools for lecturing purpose without misrepresenting the authors’ views and not for commercial purpose;

e/ Reprographic reproduction of works by libraries for archival and research purpose;

f/ Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form;

g/ Audiovisual recording of performances for purpose of reporting current events or for teaching purpose;

h/ Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for purpose of presenting images of such works;

i/ Transcription of works into Braille or characters of other languages for the blind;

j/ Importation of copies of others’ works for personal use.

2. Organizations and individuals that use works defined in Clause 1 of this Article must neither affect the normal utilization of such works nor cause prejudice to rights of the authors and/or copyright holders; and must indicate the authors’ names, and sources and origins of the works.

3. The use of works in the cases specified in Clause 1 of this Article shall not apply to architectural works, plastic works and computer programs.

Article 26.- Cases of use of published works where permission is not required or but the payment of royalties and/or remunerations is required

1. Broadcasting organizations which use published works in making their broadcasts, which are sponsored, advertised or charged in whatever form, shall not have to obtain permission but have to pay royalties or remunerations to copyright holders according to the Government’s regulations.

2. Organizations and individuals that use works defined in Clause 1 of this Article must neither affect the normal utilization of such works nor cause any prejudice to the rights of the authors and/or copyright holders; and must indicate the authors’ names, and sources and origins of the works.

3. The use of works in the cases specified in Clause 1 of this Article shall not apply to cinematographic works.

Article 27.- Term of copyright protection

1. The moral rights provided for in Clauses 1, 2 and 4, Article 19 of this Law shall be protected for an indefinite term.

2. The moral rights provided for in Clause 3, Article 19 and the economic rights provided for in Article 20 of this Law shall enjoy the following terms of protection:

a/ Cinematographic works, photographic works, dramatic works, works of applied art and anonymous works shall have the term of protection of fifty years as from the date of first publication. Within fifty years after the fixation of a cinematographic work or dramatic work, if such work has not been published, the term of protection shall be calculated from the date of its fixation. For anonymous works, when information on their authors appear, the term of protection shall be calculated under the provisions of Point b of this Clause.

b/ A work not specified at Point a of this Clause shall be protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection shall expire in the fiftieth year after the death of the last surviving co­author;

c/ The term of protection specified at Points a and b of this Clause shall expire at 24:00 hrs of December 31 of the year of expiration of copyright protection term.

Article 28.- Acts of infringing upon copyright

1. Appropriating copyright to literary, artistic or scientific works.

2. Impersonating authors.

3. Publishing or distributing works without permission of authors.

4. Publishing or distributing works under joint-authorship without permission of co­authors.

5. Modifying, mutilating or distorting works in such a way as prejudicial to the honor and reputation of authors.

6. Reproducing works without permission of authors or copyright holders, except for the cases specified at Points a and e, Clause 1, Article 25 of this Law.

7. Making derivative works without permission of authors or holders of copyright to works used for the making of derivative works, except for the cases specified at Point i, Clause 1, Article 25 of this Law;

8. Using works without permission of copyright holders, without paying royalties, remunerations or other material benefits according to the provisions of law, except for the cases specified in Clause 1, Article 25 of this Law.

9. Leasing works without paying royalties, remunerations or other material benefits to authors or copyright holders.

10. Duplicating, reproducing, distributing, displaying or communicating works to the public via communication networks and by digital means without permission of copyright holders.

11. Publishing works without permission of copyright holders.

12. Willingly canceling or deactivating technical solutions applied by copyright holders to protect copyright to their works.

13. Willingly deleting or modifying right management information in electronic form in works.

14. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment when knowing or having grounds to know that such equipment may deactivate technical solutions applied by copyright holders to protect copyright to their works.

15. Making and selling works with forged signatures of authors of original works.

16. Exporting, importing or distributing copies of works without permission of copyright holders.

SECTION 2. CONTENTS OF, LIMITATIONS ON, AND TERM OF PROTECTION OF RELATED RIGHTS

Article 29.- Rights of performers

1. Performers-cum-investors shall have the moral rights and economic rights to their performances. Where performers are not also investors, performers shall have the moral rights whereas investors shall have the economic rights to performances.

2. Moral rights include the following rights:

a/ To be acknowledged when performing or distributing phonograms, video recordings, or broadcasting performances;

b/ To protect the integrity of performed figures, prevent others from modifying, mutilating or distorting works in whatever form prejudicial to the honor and reputation of performers.

3. Economic rights include exclusive rights to exercise or authorize others to exercise the following rights:

a/ To fix their live performances on phonograms or video recordings;

b/ To directly or indirectly reproduce their performances which have been fixed on phonograms or video recordings;

c/ To broadcast or otherwise communicate to the public their unfixed performances in a way accessible by the public, except where such performances are intended for broadcasting;

d/ To distribute to the public their original performances and copies thereof by mode of sale, rental or distribution by whatever technical means accessible by the public.

4. Organizations and individuals that exploit and use the rights provided for in Clause 3 of this Article shall have to pay remunerations to performers according to the provisions of law or under agreements in the absence of relevant provisions of law.

Article 30.- Rights of producers of phonograms and video recordings

1. Producers of phonograms and video recordings shall have the exclusive right to exercise or authorize others to exercise the following rights:

a/ To directly or indirectly reproduce their phonograms and video recordings;

b/ To distribute to the public their original phonograms and video recordings and copies thereof by mode of sale, rent or distribution by whatever technical means accessible by the public.

2. Producers of phonograms and video recordings shall enjoy material benefits when their phonograms and video recordings are distributed to the public.

Article 31.- Rights of broadcasting organizations

1. Broadcasting organizations shall have the exclusive right to exercise or authorize others to exercise the following rights:

a/ To broadcast or rebroadcast their broadcasts;

b/ To distribute to the public their broadcasts;

c/ To fix their broadcasts;

d/ To reproduce their fixed broadcasts.

2. Broadcasting organizations shall enjoy material benefits when their broadcasts are recorded and distributed to the public.

Article 32.- Cases of use of related rights where permission and payment of royalties and/or remunerations are not required

1. Cases of use of related rights where permission and payment of royalties and/or remunerations are not required include:

a/ Duplication of works by authors for scientific research purpose;

b/ Duplication of works by authors for teaching purpose, except for performances, phonograms, video recordings or broadcasts which have been published for teaching purpose;

c/ Reasonable recitation for informatory purpose;

d/ Making of provisional copies of works by broadcasting organizations themselves for broadcasting purpose when they enjoy the broadcasting right.

2. Organizations and individuals that use the rights specified in Clause 1 of this Article must neither affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any prejudice to the rights of performers, producers of phonograms and video recordings, and broadcasting organizations.

Article 33.- Cases of use of related rights where permission is not required but payment of royalties and/or remunerations is required

1. Organizations and individuals that use related rights in the following cases shall not have to ask for permission but must pay agreed royalties and/or remunerations to performers, producers of phonograms and/or video recordings, or broadcasting organizations:

a/ They directly or indirectly use phonograms or video recordings already published for commercial purposes in making their broadcasts, which are sponsored, advertised or charged in whatever form;

b/ They use phonograms or video recordings already published in business or commercial activities.

2. Organizations and individuals that use the rights specified in Clause 1 of this Article must neither affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any prejudice to the rights of performers, producers of phonograms and video recordings, and broadcasting organizations.

Article 34.- Term of related right protection

1. The rights of performers shall be protected for fifty years counting from the year following the year of fixation of their performances.

2. The rights of producers of phonograms or video recordings shall be protected for fifty years counting from year following the year of publication, or fifty years counting from the year following the year of fixation of unpublished phonograms or video recordings.

3. The rights of broadcasting organizations shall be protected for fifty years counting from the year following the year of the making of their broadcasts.

4. The term of protection specified in Clauses 1, 2 and 3 of this Article shall expire at 24:00 hrs of December 31 of the year of expiration of related right protection term.

Article 35.- Acts of infringing upon related rights

1. Appropriating the rights of performers, producers of phonograms and/or video recordings and broadcasting organizations.

2. Impersonating performers, producers of phonograms and video recordings and broadcasting organizations.

3. Publishing, producing and distributing fixed performances, phonograms, video recordings and broadcasts without permission of performers, producers of phonograms and video recordings and broadcasting organizations.

4. Modifying, mutilating or distorting performances in whatever form prejudicial to the honor and reputation of performers.

5. Copying or reciting fixed performances, phonograms, video recordings and broadcasts without permission of performers, producers of phonograms and video recordings and broadcasting organizations.

6. Disengaging or modifying right management information in electronic form without permission of related right holders.

7. Willingly canceling or deactivating technical solutions applied by related right holders to protect their related rights

8. Publishing, distributing or importing for public distribution performances, copies of fixed performances or phonograms or video recordings when knowing or having grounds to know that right management information in electronic form has been disengaged or modified without permission of related right holders.

9. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing equipment when knowing or having grounds to know that such equipment help illegally decode an encrypted program-carrying satellite signal.

10. Willingly receiving or relaying an encrypted program-carrying satellite signal when such signal has been encoded without permission of the legal distributor.

CHAPTER III. COPYRIGHT HOLDERS, RELATED RIGHT HOLDERS

Article 36.- Copyright holders

Copyright holders mean organizations and individuals that hold one, several or all the economic rights specified in Article 20 of this Law.

Article 37.- Copyright holders being authors

Authors who use their own time, finance and material-technical foundations to create works shall have the moral rights specified in Article 19 and the economic rights specified in Article 20 of this Law.

Article 38.- Copyright holders being co-authors

1. Co-authors who use their time, finance and material-technical foundations to jointly create works shall share the rights specified in Articles 19 and 20 of this Law to such works.

2. A co-author defined in Clause 1 of this Article who has jointly created a work, a separate part of which can be detached for independent use without any prejudice to parts of other co-authors, shall have the rights specified in Articles 19 and 20 of this Law to such separate part.

Article 39.- Copyright holders being organizations and individuals that have assigned tasks to authors or entered into contracts with authors

1. Organizations which have assigned tasks of creating works to authors who belong to them shall be holders of the rights specified in Article 20 and Clause 3, Article 19 of this Law, unless otherwise agreed.

2. Organizations and individuals that have entered into contracts with authors for creation of works shall be holders of the rights specified in Article 20 and Clause 3, Article 19 of this Law, unless otherwise agreed.

Article 40.- Copyright holders being heirs

Organizations and individuals that inherit the copyright according to the provisions of law on inheritance shall be holders of the rights specified in Article 20 and Clause 3, Article 19 of this Law.

Article 41.- Copyright holders being right assignees

Organizations and individuals that are assigned one, several or all of the rights specified in Article 20 and Clause 3, Article 19 of this Law under contracts shall be copyright holders.

Article 42.- Copyright holders being the State

1. The State shall be the holder of copyright to the following works:

a/ Anonymous works;

b/ Works, of which terms of protection have not expired but their copyright holders die in default of heirs, heirs renounce succession or are deprived of the right to succession.

c/ Works, over which the ownership right has been assigned by their copyright holders to the State.

2. The Government shall specify the use of works under the State ownership.

Article 43.- Works belonging to the public

1. Works, of which terms of protection have expired according to the provisions of Article 27 of this Law shall belong to the public.

2. All organizations and individuals shall be entitled to use works defined in Clause 1 of this Article but must respect the moral rights of the authors specified in Article 19 of this Law.

3. The Government shall specify the use of works belonging to the public.

Article 44.- Related right holders

1. Organizations and individuals that use their time and invest their finance and material- technical foundations in making performances shall be owners of such performances, unless otherwise agreed with the concerned parties.

2. Organizations and individuals that use their time and invest their finance and material- technical foundations in producing phonograms and/or video recordings shall be owners of such phonograms and/or video recordings, unless otherwise agreed with the concerned parties.

3. Broadcasting organizations shall be owners of their broadcasts, unless otherwise agreed with concerned parties.

CHAPTER IV. TRANSFER OF COPYRIGHT AND RELATED RIGHTS

SECTION 1. ASSIGNMENT OF COPYRIGHT AND RELATED RIGHTS

Article 45.- General provisions on assignment of copyright and related rights

1. The assignment of copyright and related rights means the transfer by copyright holders or related right holders of the ownership of the rights specified in Clause 3, Article 19; Article 20; Clause 3, Article 29; Articles 30 and 31 of this Law to other organizations and individuals under contracts or according to the relevant provisions of law.

2. Authors must not assign the moral rights specified in Article 19, except the right of publication; performers must not assign the moral rights specified in Clause 2, Article 29 of this Law.

3. Where a work, performance, phonogram, video recording or broadcast is under joint ownership, the assignment thereof must be agreed upon by all co-owners. In case of joint ownership but a work, performance, phonogram, video recording or broadcast is composed of separate parts which can be detached for independent use, copyright holders or related right holders may assign their copyright or related rights to their separate parts to other organizations or individuals.

Article 46.- Copyright or related right assignment contracts

1. A copyright or related right assignment contract must be established in writing and include the following principal contents:

a/ Names and addresses of the assignor and the assignee;

b/ Assignment bases;

c/ Payment price and mode;

d/ Rights and obligations of the involved parties;

e/ Liability for contract breaches.

2. The performance, amendment, termination or cancellation of copyright or related right assignment contracts shall comply with the provisions of the Civil Code.

SECTION 2. LICENSING OF COPYRIGHT AND RELATED RIGHTS

Article 47.- General provisions on licensing of copyright and related rights

1. Licensing of copyright and related rights means the permission by copyright holders or related right holders for other organizations and individuals to use for a definite term one, several or all the rights specified in Clause 3, Article 19; Article 20; Clause 3, Article 29; Articles 30 and 31 of this Law.

2. Authors must not license the moral rights specified in Article 19, except the right of publication; performers must not license the moral rights specified in Clause 2, Article 19 of this Law.

3. Where a work, performance, phonogram, video recording or broadcast is under joint ownership, the licensing of copyright or related rights must be agreed upon by all co­-owners. In case of joint ownership but a work, performance, phonogram, video recording or broadcast is composed of separate parts which can be detached for independent use, copyright holders or related right holders may license their copyright or related rights to their separate parts to other organizations or individuals.

4. Organizations and individuals that are licensed copyright or related rights may license other organizations and individuals when obtaining the permission of copyright holders or related right holders.

Article 48.- Copyright or related right license contracts

1. A copyright or related right license contract must be established in writing and include the following principal contents:

a/ Full names and addresses of the licensor and the licensee;

b/ Licensing bases;

c/ Licensing scope;

d/ Payment price and mode;

e/ Rights and obligations of the involved parties;

f/ Liability for contract breaches.

2. The performance, amendment, termination or cancellation of copyright or related right license contracts shall comply with the provisions of the Civil Code.

CHAPTER V. CERTIFICATES OF REGISTERED COPYRIGHT OR RELATED RIGHTS

Article 49.- Registration of copyright or related rights

1. The registration of copyright and related rights means the filing of applications and enclosed dossiers (hereinafter referred to collectively as applications) by authors, copyright holders or related right holders with the competent state agencies for recording of information on authors, works, copyright holders and related right holders.

2. The filing of applications for grant of certificates of registered copyright or certificates of registered related rights is not a compulsory formality for enjoyment of copyright or related rights according to the provisions of this Law.

3. Organizations and individuals that are granted certificates of registered copyright or certificates of registered related rights shall not have to bear the burden of proof of such copyright and related rights upon disputes, unless rebutting proofs are adduced.

Article 50.- Applications for registration of copyright or related rights

1. Authors, copyright holders or related right holders may directly file or authorize other organizations or individuals to file applications for registration of copyright or related rights.

2. An application for registration of copyright or related rights comprises:

a/ A written declaration for registration of copyright or related rights.

A written declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application, fully stating the information on the applicant, author, copyright holder or related rights holder; summarized content of the work, performance, phonogram, video recording or broadcast; the name of the author, the title of the work used to make derivative work in cases where the to be-registered work is a derivative work; the date, place and form of publication; the guaranteed responsibility for information stated in the application.

The Culture and Information Ministry shall set the form of written declarations for copyright or related right registration;

b/ Two copies of the work subject to application for copyright registration, or two copies of the fixed object subject to the related right registration;

c/ A letter of authorization where the applicant is the authorized person;

d/ Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from or assignment by another person;

e/ Written consent of co-authors, for works under joint authorship;

f/ Written consent of co-owners if the copyright or related rights are under joint-ownership.

3. The documents specified at Point c, d, e and f, Clause 2 of this Article must be made in Vietnamese. Documents in foreign languages must be translated into Vietnamese.

Article 51.- Competence to grant registered copyright certificates, registered related rights certificates

1. The state management agency in charge of copyright and related rights is competent to grant registered copyright certificates and registered related rights certificates.

2. The state agency competent to grant registered copyright certificates and registered related rights certificates can re-grant, renew or revoke such certificates.

3. The Government specifies the conditions, order and procedures for re-grant, renewal and revocation of registered copyright certificates and registered related rights certificates.

4. The Culture and Information Ministry sets the forms of registered copyright certificates and registered related rights certificates.

Article 52.- Time limit for granting registered copyright certificates or registered related rights certificates

Within fifteen working days after the receipt of a valid dossier, the state management agency in charge of copyright and related rights shall have to grant a registered copyright certificate or registered related rights certificate to the applicant. In case of refusal to grant registered copyright certificates or registered related rights certificates, the state management agency in charge of copyright and related rights must notify such in writing to the applicants.

Article 53.- Validity of registered copyright certificates and registered related rights certificates

1. Registered copyright certificates and registered related rights certificates shall be valid throughout the Vietnamese territory.

2. Registered copyright certificates and registered related rights certificates, which have been granted by the state management agency in charge of copyright and related rights before the effective date of this Law shall continue to be valid.

Article 54.- Recording and publication of registered copyright or registered related rights

1. Registered copyright certificates and registered related rights certificates shall be recorded in the national register of copyright and related rights.

2. Decisions on grant, re-grant, renewal or revocation of registered copyright certificates and registered related rights certificates shall be published in the Official Gazette on copyright and related rights.

Article 55.- Re-grant, renewal and revocation of registered copyright certificates and registered related rights certificates

1. Where a registered copyright certificate or registered related rights certificate is lost or damaged, or where the copyright holder or related rights holder is changed, the competent agency defined in Clause 2, Article 51 of this Law shall re-grant or renew such registered copyright certificate or registered related rights certificate.

2. Where a registered copyright certificate or registered related rights certificate grantee is not the author, copyright holder or related right holder, or where the registered work, phonogram, video recording or broadcast is ineligible for protection, the competent state agency defined in Clause 2, Article 51 of this Law shall revoke such registered copyright certificate or registered related rights certificate.

3. Organizations and individuals that detect that the grant of registered copyright certificates and/or registered related rights certificates is contrary to the provisions of this Law are entitled to request the state management agency in charge of copyright and related rights to revoke such registered copyright certificates and registered related rights certificates.

CHAPTER VI. COPYRIGHT AND RELATED RIGHTS REPRESENTATION, CONSULTANCY AND SERVICE ORGANIZATIONS

Article 56.- Organizations acting as collective representatives of copyright and related rights

1. Organizations acting as collective representatives of copyright and/or related rights are not-for-profit organizations established under agreements among authors, copyright holders and/or related right holders and operating according to the provisions of law for protection of copyright and related rights.

2. Organizations acting as collective representatives of copyright and/or related rights shall conduct the following activities under authorization by authors, copyright holders and/or related light holders:

a/ Performing the management of copyright and/or related rights; conducting negotiations for licensing, collection and division of royalties, remunerations and other material benefits from the exercise of authorized rights;

b/ Protecting legitimate rights and interests of their members; organizing conciliations upon occurrence of disputes.

3. Organizations acting as collective representatives of copyright and/or related rights shall have the following rights and duties:

a/ To conduct creation-promoting activities and other social activities;

b/ To cooperate with their counterparts in international and national organizations on the protection of copyright and related rights;

c/ To make regular and irregular reports on collective representation activities to competent state agencies;

d/ Other rights and duties according to the provisions of law.

Article 57.- Copyright and related right consultancy and service organizations

1. Copyright and related right consultancy and service organizations are established and operate according to the provisions of law.

2. Copyright and related right consultancy and service organizations shall conduct the following activities at the request of authors, copyright holders, related right holders: a/ Providing consultancy on issues related to the provisions of law on copyright and/or related rights;

b/ Carrying out, on the behalf of copyright holders or related right holders, the procedures for filing applications for registration of copyright or related rights under authorization;

c/ Joining other legal relations on copyright, related rights, protection of legitimate rights and interests of authors, copyright holders and related right holders under authorization.

PART THREE. INDUSTRIAL PROPERTY RIGHTS

CHAPTER VII. CONDITIONS FOR PROTECTION OF INDUSTRIAL PROPERTY RIGHTS

SECTION 1. PROTECTION CONDITIONS FOR INVENTIONS

Article 58.- General conditions for inventions eligible for protection

1. An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:

a/ Being novel;

b/ Involving an inventive step;

c/ Being susceptible of industrial application.

2. Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:

a/ Being novel;

b/ Being susceptible of industrial application.

Article 59.- Subject matters not protected as inventions

The following subject matters shall not be protected as inventions:

1. Scientific discoveries or theories, mathematical methods;

2. Schemes, plans, rules and methods for performing mental acts, training domestic animals, playing games, doing business; computer programs;

3. Presentations of information;

4. Solutions of aesthetical characteristics only;

5. Plant varieties, animal breeds;

6. Processes of plant or animal production which are principally of biological nature other than microbiological ones;

7. Human and animal disease prevention, diagnostic and treatment methods.

Article 60.- Novelty of inventions

1. An invention shall be considered novel if it has not yet been publicly disclosed through use or by means of a written description or any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the invention registration application.

2. An invention shall be considered having not yet been publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

3. An invention shall not be considered having lost its novelty if it is published in the following cases, provided that the invention registration application is filed within 6 months from the date of publication:

a/ It is published by another person without permission of the person having the right to register it defined in Article 86 of this Law;

b/ It is published in the form of a scientific presentation by the person having the right to register it defined in Article 86 of this Law;

c/ It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it defined in Article 86 of this Law.

Article 61.- Inventive step of inventions

An invention shall be considered involving an inventive step if, based on technical solutions already publicly disclosed through use or by means of a written description or any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the invention registration application, it constitutes an inventive progress and cannot be easily created by a person with average knowledge in the art.

Article 62.- Susceptibility of industrial application of inventions

An invention shall be considered susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process that is the subject mater of the invention, and to achieve stable results.

SECTION 2. PROTECTION CONDITIONS FOR INDUSTRIAL DESIGNS

Article 63.- General conditions for industrial designs eligible for protection

An industrial design shall be protected when it satisfies the following conditions:

1. Being new;

2. Being creative;

3. Being susceptible of industrial application.

Article 64.- Subject matters not protected as industrial designs

The following subject matters shall not be protected as industrial designs:

1. Appearance of a product, which is dictated by the technical features of the product;

2. Appearance of a civil or an industrial construction work;

3. Shape of a product, which is invisible during the use of the product.

Article 65.- Novelty of industrial designs

1. An industrial design shall be considered new if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.

2. Two industrial designs shall not be considered significantly different from each other if they are only different in appearance features which are not easily noticeable and memorable and which cannot be used to distinguish these industrial designs as whole.

3. An industrial design shall be considered having not yet been publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

4. An industrial design shall not be considered having lost its novelty if it is published in the following cases, provided that the industrial design registration application is filed within 6 months from the date of publication:

a/ It is published by another person without permission of the person having the right to register it defined in Article 86 of this Law;

b/ It is published in the form of a scientific presentation by the person having the right to register it defined in Article 86 of this Law;

c/ It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it defined in Article 86 of this Law.

Article 66.- Creativity of industrial designs

An industrial design shall be considered creative if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.

Article 67.- Susceptibility of industrial application of industrial designs

An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.

SECTION 3. PROTECTION CONDITIONS FOR LAYOUT-DESIGNS

Article 68.- General conditions for layout-designs eligible for protection

A layout-design shall be protected when it satisfies the following conditions:

1. Being original;

2. Being commercially novel.

Article 69.- Subject matters not protected as layout-designs

The following subject matters shall not be protected as layout-designs:

1. Principles, processes, systems or methods operated by semiconductor integrated circuits;

2. Information or software contained in semiconductor integrated circuits.

Article 70.- Originality of layout-designs

1. A layout-design shall be considered original if it satisfies the following conditions:

a/ Being result of its author’s creative labor;

b/ Having not been widely known among creators of layout-designs or manufacturers of semiconductor integrated circuits at the time of its creation.

2. A layout-design that is a combination of elements and common interconnections shall be considered to be original only if such combination, taken as a whole, is original according to the provisions of Clause 1 of this Article.

Article 71.- Commercial novelty of layout-designs

1. A layout-design shall be considered commercially novel if it has not yet been commercially exploited anywhere in the world prior to the filing date of the registration application.

2. A layout-design shall not be considered having lost its commercial novelty if the layout-design registration application is filed within 2 years from the date it was commercially exploited for the first time anywhere in the world by the person who has the right to register it defined in Article 86 of this Law or his/her licensee.

3. Commercial exploitation of a layout-design mentioned in Clause 2 of this Article means any act of public distribution for commercial purposes of a semiconductor integrated circuit produced by incorporation of such layout-design, or a commodity containing such semiconductor integrated circuit.

SECTION 4. PROTECTION CONDITIONS FOR MARKS

Article 72.- General conditions for marks eligible for protection

A mark shall be protected when it satisfies the following conditions:

1. Being a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colors;

2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.

Article 73.- Signs not protected as marks

The following signs shall not be protected as marks:

1. Signs identical with or confusingly similar to national flags or national emblems;

2. Signs identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations or socio-professional organizations or international organizations, unless permitted by such agencies or organizations;

3. Signs identical with or confusingly similar to real names, alias, pseudonyms or images of leaders, national heroes or famous personalities of Vietnam or foreign countries;

4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of international organizations which require that their signs must not be used, unless such seals are registered as certification marks by those organizations;

5. Signs which cause misleading or confusion or deceive consumers as to the origin, properties, intended utilities, quality, value or other characteristics of goods or services.

Article 74.- Distinctiveness of marks

1. A mark shall be considered distinctive if it consists of one or several easily noticeable and memorable elements, or of many elements forming an easily noticeable and memorable combination, and does not fall into the cases specified in Clause 2 of this Article.

2. A mark shall be considered as indistinctive if it is a sign or signs falling into one of the following cases:

a/ Simple shapes and geometric figures, numerals, letters or scripts of uncommon languages, except where such signs have been widely used and recognized as a mark;

b/ Conventional signs or symbols, pictures or common names in any language of goods or services that have been widely and regularly used and known to many people;

c/ Signs indicating time, place and method of production, category, quantity, quality, properties, ingredients, intended utility, value or other characteristics, which is descriptive of goods or services, except where such signs have acquired distinctiveness through use before the filing of mark registration applications;

d/ Signs describing the legal status and business field of business entities;

e/ Signs indicating the geographical origin of goods or services, except where such signs have been widely used and recognized as a mark or registered as collective marks or certification marks as provided for in this Law;

f/ Signs other than integrated marks which are identical with or confusingly similar to registered marks of identical or similar goods or services on the basis of registration applications with earlier filing dates or priority dates, as applicable, including mark registration applications filed under treaties to which the Socialist Republic of Vietnam is a contracting party;

g/ Signs identical with or confusingly similar to another person’s mark which has been widely used and recognized for similar or identical goods or services before the filing date or the priority date, as applicable;

h/ Signs identical with or confusingly similar to another person’s mark which has been registered for identical or similar goods or services, the registration certificate of which has been invalidated for no more than 5 years, except where the ground for such invalidation is non-use of the mark according to Point d, Clause 1, Article 95 of this Law;

i/ Signs identical with or confusingly similar to another person’s mark recognized as a well-known mark which has been registered for goods or services which are identical with or similar to those bearing such well-known mark, or for dissimilar goods or services if the use of such mark may affect the distinctiveness of the well-known mark or the mark registration is aimed at taking advantage of the reputation of the well-known mark;

j/ Signs identical with or similar to another person’s trade name currently in use if the use of such signs may cause confusion to consumers as to the origin of goods or services;

k/ Signs identical with or similar to a geographical indication being protected if the use of such signs may mislead consumers as to the geographical origin of goods;

l/ Signs identical with, containing or being translated or transcribed from geographical indications being protected for wines or spirits if such signs have been registered for use with respect to wines and spirits not originating from the geographical areas bearing such geographical indications;

m/ Signs identical with or insignificantly different from another person’s industrial design which has been protected on the basis of an industrial design registration application with the filing date or priority date earlier than that of the mark registration application.

Article 75.- Criteria for evaluation of well-known marks

The following criteria shall be taken into account when a mark is considered well-known:

1. The number of involved consumers who have been aware of the mark through purchase or use of goods or services bearing the mark or through advertising;

2. Territorial area in which goods or services bearing the mark are circulated;

3. Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided;

4. Duration of continuous use of the mark;

5. Wide reputation of goods or services bearing the mark;

6. Number of countries protecting the mark;

7. Number of countries recognizing the mark as a well-known mark;

8. Assignment price, licensing price, or investment capital contribution value of the mark.

SECTION 5. PROTECTION CONDITIONS FOR TRADE NAMES

Article 76.- General conditions for trade names eligible for protection

A trade name shall be protected when it is capable of distinguishing the business entity bearing it from other business entities operating in the same business field and locality.

Article 77.- Subject matters not protected as trade names

Names of state agencies, political organizations, socio-political organizations, socio­political-professional organizations, social organizations, socio-professional organizations or other entities that are not involved in business activities shall not be protected as trade names.

Article 78.- Distinctiveness of trade names

A trade name shall be considered distinctive when it satisfies the following conditions:

1. Consisting of a proper name, except where it has been widely known through use;

2. Being not identical with or confusingly similar to a trade name having been used earlier by another person in the same business field and locality;

3. Being not identical with or confusingly similar to another person’s mark or a geographical indication having been protected before the date it is used.

SECTION 6. PROTECTION CONDITIONS FOR GEOGRAPHICAL INDICATIONS

Article 79.- General conditions for geographical indications eligible for protection A geographical indication shall be protected when it satisfies the following conditions:

1. The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication;

2. The product bearing the geographical indication has a reputation, quality or characteristics mainly attributable to geographical conditions of the area, locality, territory or country corresponding to such geographical indication.

Article 80.- Subject matters not protected as geographical indications

The following subject matters shall not be protected as geographical indications:

1. Names or indications which have become generic names of goods in Vietnam;

2. Geographical indications of foreign countries where they are not or no longer protected or no longer used;

3. Geographical indications identical with or similar to a protected mark, where the use of such geographical indications is likely to cause a confusion as to the origin of products;

4. Geographical indications which mislead consumers as to the true geographical origin of products bearing such geographical indications.

Article 81.- Reputation, quality and characteristics of products bearing geographical indications

1. Reputation of products bearing a geographical indication shall be determined on the basis of consumers’ trust in such products through the extent of their being widely known to and selected by consumers.

2. Quality and characteristics of products bearing a geographical indication shall be defined by one or several qualitative, quantitative or physically, chemically, microbiologically perceptible criteria which can be tested by technical means or experts with appropriate testing methods.

Article 82.- Geographical conditions relevant to geographical indications

1. Geographical conditions relevant to a geographical indication mean natural and human factors decisive to reputation, quality and characteristics of products bearing such geographical indication.

2. Natural factors include climatic, hydrological, geological, topographical and ecological factors and other natural conditions.

3. Human factors include skills and expertise of producers, and traditional production processes of localities.

Article 83.- Geographical areas bearing geographical indications

Geographical areas bearing geographical indications shall have their boundaries accurately determined in words and maps.

SECTION 7. PROTECTION CONDITIONS FOR BUSINESS SECRETS

Article 84.- General conditions for business secrets eligible for protection

A business secret shall be protected when it satisfies the following conditions: 1. Being neither common knowledge nor easily obtained;

2. Being capable, when being used in business activities, of rendering advantages to its holder over those who do not hold or use it;

3. Being kept secret by its owner with necessary measures so that it shall neither be disclosed nor easily accessible.

Article 85.- Subject matters not protected as business secrets

The following confidential information shall not be protected as business secrets:

1. Personal identification secrets;

2. State management secrets;

3. National defense and security secrets;

4. Other confidential information irrelevant to business.

CHAPTER VIII. ESTABLISHMENT OF INDUSTRIAL PROPERTY RIGHTS TO INVENTIONS, INDUSTRIAL DESIGNS, LAYOUT-DESIGNS, MARKS AND GEOGRAPHICAL INDICATIONS

SECTION 1. REGISTRATION OF INVENTIONS, INDUSTRIAL DESIGNS, LAYOUT­DESIGNS, MARKS AND GEOGRAPHICAL INDICATIONS

Article 86.- The right to register inventions, industrial designs and layout-designs

1. The following organizations and individuals shall have the right to register inventions, industrial designs and layout-designs:

a/ Authors who have created inventions, industrial designs or layout-designs with their own efforts and expenses;

b/ Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring unless otherwise agreed by the involved parties whose agreements are not contrary to the provisions of Clause 2 of this Article.

2. The Government shall provide for the right to register inventions, industrial designs and layout-designs created by using material and technical facilities and funds from the state budget.

3. Where more than one organization or individuals have jointly created or invested in the creation of an invention, industrial design or layout-design, these organizations or individuals shall all have the registration right, which shall only be exercised with their consensus.

4. A person who has the registration right as provided in this Article may assign that right to other organizations or individuals in the form of a written contract, bequeathal or inheritance in according to the provisions of law, even where a registration application has been filed.

Article 87.- Right to register marks

1. Organizations or individuals shall have the right to register marks to be used for goods they produce or services they provide.

2. Organizations or individuals lawfully trading in products produced by others shall have the right to register marks for such products, provided that the producers neither use such marks for their products nor object to such registration.

3. Collective organizations lawfully established shall have the right to register collective marks to be used by their members under the regulations on use of collective marks. For signs indicating geographical origins of goods or services, organizations having the right to register them shall be collective organizations of organizations or individuals engaged in production or trading in relevant localities.

4. Organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services shall have the right to register certification marks, provided that they are not engaged in production or trading of such goods or services.

5. Two or more organizations or individuals shall have the right to jointly register a mark in order to become its co-owners on the following conditions:

a/ Such mark is used in the names of all co-owners or used for goods or services which are produced or dealt in with the participation of all co-owners;

b/ The use of such mark causes no confusion to consumers as to the origin of goods or services.

6. Persons having the registration right defined in Clauses 1, 2, 3, 4 and 5 of this Article, including those having filed registration applications, may assign the registration right to other organizations or individuals in the form of written contracts, bequeathal or inheritance according to law, provided that the assigned organizations or individuals satisfy the respective conditions on the persons having the registration right.

7. For a mark protected in a country being a contracting party to a treaty which prohibits the representative or agent of a mark owner to register such mark and to which the Socialist Republic of Vietnam is also a contracting party, then such representative or agent shall not be permitted to register such mark unless it is so agreed by the mark owner, except where a justifiable reason is available.

Article 88.- Right to register geographical indications

The right to register Vietnamese geographical indications belongs to the State.

The State allows organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations or individuals or administrative management agencies of localities to which such geographical indications pertain to exercise the right to register such geographical indications. Persons who exercise the right to register geographical indications shall not become owners of such geographical indications.

Article 89.- Modes of filing registration applications for establishment of industrial property rights

1. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam and foreign organizations or individuals having production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights either directly or through their lawful representatives in Vietnam.

2. Foreign individuals not permanently residing in Vietnam, foreign organizations or individuals having no production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights through their lawful representatives in Vietnam.

Article 90.- The first-to-file principle

1. Where two or more applications are filed by many different parties for registration of the same invention, or for registration of industrial designs identical with or insignificantly different from each other, or for registration of marks identical with or confusingly similar to each other, for identical or similar goods or services, the protection title may only be granted to the valid application with the earliest priority or filing date among applications that satisfy all the conditions for the grant of protection titles.

2. Where there are two or more applications satisfying all the conditions for the grant of protection titles and having the same earliest priority or filing date, the protection title may only be granted to a single application out of these applications under an agreement by all applicants. Without such an agreement, all these applications shall be refused for the grant of a protection title.

Article 91.- Principle of priority

1. An applicant for registration of an invention, an industrial design or a mark may claim priority on the basis of the first application for registration of protection of the same subject matter if the following conditions are fully satisfied:

a/ The first application has been filed in Vietnam or in a country being a contracting party to a treaty containing provisions on priority right to which the Socialist Republic of Vietnam is also a contracting party, or in a country having agreed with Vietnam to apply such provisions;

b/ The applicant is a citizen of Vietnam or of a country defined at Point a of this Clause, who resides or has a production or business establishment in Vietnam or in a country defined at Point a of this Clause;

c/ The claim for the priority right is clearly stated in the application and a copy of the first application certified by the receiving office is enclosed;

d/ The application is filed within the time limit provided for in a treaty to which Vietnam is contracting party.

2. In an invention, industrial design or mark registration application, the applicant may claim the priority right on the basis of different earlier filed applications, provided that the corresponding contents of such earlier applications and the application are indicated.

3. An industrial property registration application enjoying priority right shall bear the priority date being the filing date of the first application.

Article 92.- Protection titles

1. Protection titles shall recognize owners of inventions, industrial designs, layout­-designs or marks (hereinafter referred to as protection title owners); authors of inventions, industrial designs or layout-designs; subject matters, scope and term of protection.

2. Protection titles of geographical indications shall record organizations managing such geographical indications, organizations or individuals having the right to use such geographical indications, protected geographical indications, particular characteristics of products bearing such geographical indications, particular characteristics of geographical conditions and geographical areas bearing such geographical indications.

3. Protections titles include invention patent, utility solution patent, industrial design patent, certificate of registered semiconductor integrated circuit layout-design, certificate of registered mark and certificate of registered geographical indication.

Article 93.- Validity of protection titles

1. Protection titles shall be valid throughout the Vietnamese territory.

2. Invention patents shall each have a validity starting from the grant date and expiring at the end of 20 years after the filing date.

3. Utility solution patents shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date.

4. Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years.

5. Certificates of registered semiconductor integrated circuit layout-designs shall each have a validity starting from the grant date and expiring at the earliest date among the following:

a/ The end of 10 years after the filing date;

b/ The end of 10 years after the date the layout-designs were first commercially exploited anywhere in the world by persons having the registration right or their licensees;

c/ The end of 15 years after the date of creation of the layout-designs.

6. Certificates of registered marks shall have a validity starting from the grant date and expiring at the end of 10 years after the filing date and may be renewed for many consecutive terms, each of 10 years.

7. Certificates of registered geographical indications shall have an indefinite validity starting from the grant date.

Article 94.- Maintenance and prolongation of validity of protection titles

1. In order to maintain the validity of an invention patent or a utility solution patent, its owner shall have to pay validity maintenance fee.

2. In order to have the validity of an industrial design patent or a certificate of registered mark prolonged, its owner shall have to pay validity prolongation fee.

3. Fee rates and procedures for maintaining or prolonging validity of protection titles shall be provided for by the Government.

Article 95.- Termination of validity of protection titles

1. The validity of a protection title shall be terminated in the following cases:

a/ Its owner fails to pay the validity maintenance or prolongation fee as prescribed;

b/ Its owner declares to relinquish the industrial property rights;

c/ Its owner no longer exists or the owner of a certificate of registered mark is no longer engaged in business activities without any lawful heir;

d/ The mark has not been used by its owner or his/her licensee without justifiable reasons for 5 consecutive years prior to a request for termination of validity, except where the use is commenced or resumed at least 3 months before the request for termination;

e/ The owner of a certificate of registered collective mark fails to supervise or ineffectively supervises the implementation of the regulation on use of collective marks;

f/ The owner of a certificate of registered certification mark violates the regulation on use of certification marks or fails to supervise or ineffectively supervises the implementation of such regulation;

g/ The geographical conditions decisive to reputation, quality or special characteristics of products bearing a geographical indication have changed resulting in the loss of such reputation, quality or characteristics of products.

2. Where the owner of an invention protection title fails to pay the validity maintenance fee before the set time limit, the validity of such protection title shall, upon the expiration of such time limit, automatically terminate as from the first day of the first valid year for which the validity maintenance fee has not been paid. The state management agency in charge of industrial property rights shall record such termination in the National Register of Industrial Property and publish it in the Official Gazette of Industrial Property.

3. Where the owner of a protection title declares to relinquish industrial property rights provided for at Point b, Clause 1 of this Article, the state management agency in charge of industrial property rights shall decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration;

4. Organizations and individuals shall have the right to request the state management agency in charge of industrial property rights to terminate the validity of protection titles in cases specified at Points c, d, e, f and g, Clause 1 of this Article, provided that they have paid fees and charges.

Based on the result of the examination of requests for termination of validity of protection titles and involved parties’ opinions, the state management agency in charge of industrial property rights shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.

5. The provisions of Clauses 1, 3 and 4 of this Article shall also apply to the termination of validity of international registrations of marks.

Article 96.- Invalidation of protection titles

1. A protection title shall be entirely invalidated in the following cases:

a/ The registration applicant has neither had nor been assigned the right to register an invention, industrial design, layout-design or mark;

b/ The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.

2. A protection title shall be partly invalidated when that part fails to satisfy the protection conditions.

3. Organizations and individuals may request the state management agency in charge of industrial property rights to invalidate protection titles in the cases specified in Clauses 1 and 2 of this Article, provided that they pay fees and charges.

The statute of limitations for exercising the right to request invalidation of a protection title shall be its whole term of protection. For marks, such statute of limitations shall be 5 years from the grant date, except where the protection title has been granted due to the applicant’s dishonesty.

4. Based on the result of the examination of request for invalidation of a protection title and involved parties’ opinions, the state management agency in charge of industrial property rights shall issue a decision on entire or partial invalidation of the protection title or notify the refusal to invalidate it.

5. The provisions of Clauses 1, 2, 3 and 4 of this Article shall also apply to the invalidation of international registrations of marks.

Article 97.- Amendments to protection titles

1. The owner of a protection title may request the state management agency in charge of industrial property rights to make amendments to the following information in such protection title, provided that the prescribed fees and charge are paid:

a/ Modifications, error corrections in relation to the name and address of the author or the protection title owner;

b/ Amendments to the description of particular characteristics, quality or geographical area bearing a geographical indication; amendments to the regulation on use of collective marks or the regulation on use of a certification mark.

2. At the request of the owner of a protection title, the state management agency in charge of industrial property rights shall have to correct errors caused at its fault in such protection title. In this case, the protection title owner is not liable to pay fees and charges.

3. The owner of a protection title may request the state management agency in charge of industrial property rights to narrow the scope of industrial property rights. In this case, the corresponding industrial property registration application shall be substantively re­examined and the requester shall pay the fee for substantive examination.

Article 98.- National register of industrial property

1. The national register of industrial property is a document recording the establishment, change and transfer of industrial property rights to inventions, industrial designs, layout­-designs, marks and geographical indications under this Law.

2. Decisions on grant of protection titles, principal contents of protection titles and decisions on amendment, termination of validity or invalidation of protection titles, decisions on registration of industrial property right transfer contracts shall all be recorded in the national register of industrial property.

3. The national register of industrial property shall be compiled and kept by the state management agency in charge of industrial property rights.

Article 99.- Publication of decisions relating to protection titles

Decisions on grant, termination of validity, invalidation or amendment of protection titles for industrial property rights shall be published by the state management agency in charge of industrial property rights in the Official Gazette of Industrial Property within 60 days as from the date of issuance.

SECTION 2. INDUSTRIAL PROPERTY REGISTRATION APPLICATIONS

Article 100.- General requirements on industrial property registration applications

1. An industrial property registration application comprises the following documents:

a/ A declaration for registration, made according to a set form;

b/ Documents, samples and information identifying the industrial property subject matter registered for protection as specified in Articles 102 thru 106 of this Law;

c/ Power of attorney, if the application is filed through a representative;

d/ Documents evidencing the registration right, if such right is acquired by the applicant from another person;

e/ Documents evidencing the priority right, if such right is claimed;

f/ Vouchers of payment of fees and charges.

2. Industrial property registration applications and papers for transaction between the applicants and the state management agency in charge of industrial property rights shall be made in Vietnamese, except for the following documents, which can be made in another language but shall be translated into Vietnamese at the request of the state management agency in charge of industrial property rights:

a/ Power of attorney;

b/ Documents evidencing the registration right;

c/ Documents evidencing the priority right;

d/ Other documents supporting the applications.

3. Documents evidencing the priority right in an industrial property registration application include:

a/ A copy of first application(s) certified by the receiving office;

b/ Deed of assignment of priority right if such right is acquired from another person.

Article 101.- The requirement on the uniformity of industrial property registration applications

1. Each industrial property registration application shall request the grant of only one protection title for a single industrial property subject matter, except for the cases specified in Clauses 2, 3 and 4 of this Article.

2. Each registration application may request the grant of one invention patent or one utility solution patent for a group of inventions that are technically linked to form a single common inventive idea.

3. Each registration application may request the grant of one industrial design patent for several industrial designs in the following cases:

a/ Industrial designs of a set of products consist of numerous items expressing a single common inventive idea and used together or for a common purpose;

b/ An industrial design is accompanied by one or more variants, i.e., variations of such industrial design that express a single common inventive idea and that are not significantly different from such industrial design.

4. Each registration application may request the grant of one certificate of registered mark for one mark to be used for one or more different goods or services.

Article 102.- Requirements on invention registration applications

1. Documents identifying an invention registered for protection in an invention registration application shall include a description of the invention and an abstract of the invention. The invention description consists of the description section and the scope of protection of the invention.

2. The description of invention must satisfy the following conditions:

a/ Fully and clearly disclosing the nature of the invention to the extent that such invention may be realized by a person with average knowledge in the art;

b/ Briefly explaining the accompanied drawings, if it is required to further clarify the nature of the invention;

c/ Clarifying the novelty, inventive step and susceptibility of industrial application of the invention.

3. The scope of protection of inventions shall be expressed in the form of a combination of technical specifications which are necessary and sufficient to identify the scope of the rights to such inventions, and compatible with the description of inventions and drawings.

4. Abstracts of inventions must disclose principal features of nature of such inventions.

Article 103.- Requirements on industrial design registration applications

1. Documents identifying an industrial design registered for protection in an industrial design registration application include a description and a set of photos or drawings of such industrial design. The industrial design description consists of a section of description and a scope of protection of such industrial design.

2. The section of description of an industrial design must satisfy the following conditions:

a/ Fully disclosing all features expressing the nature of the industrial design and clearly identifying features which are new, different from the least different known industrial design, and consistent with the set of photos or drawings;

b/ Where the industrial design registration application consists of variants, the section of description must fully show these variants and clearly identify distinctions between the principal variant and other variants;

c/ Where the industrial design stated in the registration application is that of a set of products, the section of description must fully show features of each product of the set.

3. The scope of protection of industrial designs must clearly define features which need to be protected, including features which are new and different from similar known industrial designs.

4. The set of photos and drawings must fully define features of the industrial design.

Article 104.- Requirements on layout-design registration applications

Documents, samples and information identifying a layout-design registered for protection in a layout-design registration application include:

1. Drawings and photos of the layout-design;

2. Information on functions and structure of semiconductor integrated circuits produced under the layout-design;

3. Samples of semiconductor integrated circuits produced under the layout-design, if such layout-design has been commercially exploited.

Article 105.- Requirements on mark registration applications

1. Documents, samples, information identifying a mark registered for protection in a mark registration application include:

a/ A sample of the mark and a list of goods or services bearing the mark;

b/ Regulation on use of collective marks or regulation on use of certification marks.

2. The sample of the mark must be described in order to clarify elements of the mark and the comprehensive meaning of the mark, if any; where the mark consists of words or phrases of hieroglyphic languages, such words or phrases must be transcribed; where the mark consists of words or phrases in foreign languages, such words or phrases must be translated into Vietnamese.

3. Goods or services listed in a mark registration application must be classified into appropriate groups in accordance with the Classification List under the Nice Agreement on International Classification of Goods and Services for the purpose of mark registration, and published by the state management agency in charge of industrial property rights.

4. The regulation on use of collective marks consists of the following principal contents:

a/ Name, address, grounds of establishment and operations of the collective organization being the owner of the mark;

b/ Criteria for becoming a member of the collective organization;

c/ List of organizations and individuals permitted to use the mark;

d/ Conditions for use of the mark;

e/ Measures for handling acts violating the regulation on use of marks.

5. The regulation on use of certification marks consists of the following principal contents:

a/ The organization or individual being the mark owner;

b/ Conditions for using the mark;

c/ Characteristics of goods or services certified by the mark;

d/ Methods of evaluating characteristics of goods or services and methods of controlling the use of the mark;

e/ Expenses to be paid by the mark user for the certification and protection of the mark, if any.

Article 106.- Requirements on geographical indication registration applications

1. Documents, samples and information identifying a geographical indication registered for protection in a geographical indication registration application include:

a/ The name or sign being the geographical indication;

b/ The product bearing the geographical indication;

c/ The description of peculiar characteristics and quality, or reputation of the product bearing the geographical indication and particular elements of natural conditions decisive to the peculiar characteristics and quality, or reputation of the product (hereinafter referred to as the description of peculiar characteristics);

d/ The map of the geographical area bearing the geographical indication;

e/ Documents evidencing that the geographical indication is under protection in the country of origin in case of a foreign geographical origin;

2. The description of peculiar characteristics must have the following principal contents:

a/ Description of the relevant product, including raw materials, and physical, chemical, microbiological and perceptible properties of the product;

b/ Method of identification of the geographical area bearing the geographical indication;

c/ Evidence proving that the product originates from such geographical area, with the respective meaning provided for in Article 79 of this Law;

d/ Description of local and stable methods of production and processing;

e/ Information on relationship between the peculiar characteristics and quality, or reputation of the product and the geographical conditions as provided for in Article 79 of this Law;

f/ Information on the mechanism of self-control of the peculiar characteristics or quality of the product.

Article 107.- Authorized representation in industrial property rights-related procedures

1. The authorization for carrying out procedures related to the establishment, maintenance, prolongation, amendment, termination and invalidation of protection titles must be made in writing in the form of a power of attorney.

2. A power of attorney must have the following principal contents:

a/ Full name and address of the principal and the attorney;

b/ Scope of authorization;

c/ Valid term of authorization;

d/ Date of making the power of attorney;

e/ Signature and seal (if any) of the principal.

3. A power of attorney without any valid term shall be considered indefinitely valid and shall have its validity terminated only when the principal so declares.

SECTION 3. PROCEDURES FOR PROCESSING INDUSTRIAL PROPERTY REGISTRATION APPLICATIONS AND GRANTING PROTECTION TITLES

Article 108.- Receipt of industrial property registration applications, filing date

1. An industrial property registration application shall only be received by the concerned state management agency in charge of industrial property rights if it consists of at least the following documents and information:

a/ A declaration for registration of an invention, industrial design, layout-design, mark or geographical indication, which includes sufficient information to identify the applicant and a sample of mark, list of goods or services bearing the mark for a mark registration application;

b/ A description, including the scope of protection, for an invention registration application; a set of photos and drawings and a description, for an industrial design registration application; a description of peculiar characteristics of a product bearing geographical indication, for a geographical indication registration application;

c/ Voucher of payment of filing fee.

2. The filing date shall be the date on which the application is received by the concerned state management agency in charge of industrial property rights or the international filing date in case of applications filed under international treaties.

Article 109.- Formal examination of industrial property registration applications

1. Industrial property registration applications shall be subject to formal examination for evaluating their validity.

2. An industrial property registration application shall be considered invalid in the following cases:

a/ It does not fulfill the formal requirements;

b/ The subject matter stated in the application is ineligible for protection;

c/ The applicant does not have the registration right, including where the registration right belongs to more than one organization or individuals but one or several of them do not agree with the filing;

d/ It is filed in contravention of regulations on the filing mode provided for in Article 89 of this Law;

e/ The applicant fails to pay fees and charges.

3. For industrial property registration applications falling into the cases specified in Clause 2 of this Article, the state management agency in charge of industrial property rights shall carry out the following procedures:

a/ Issuing a notice of intended refusal to accept valid applications, clearly stating reasons and setting a time limit for the applicant to correct errors or to object such intended refusal;

b/ Issuing a notice of refusal to accept valid applications if the applicant fails to correct errors, improperly corrects errors or fails to make a justifiable objection to such intended refusal mentioned at Point a of this Clause;

c/ Issuing a notice of refusal to grant a certificate of registered semiconductor integrated circuit layout-design in case of an integrated circuit registration application;

d/ Carrying out procedures specified in Clause 4 of this Article if the applicant properly corrects errors or makes justifiable objection to the intended refusal to accept valid application mentioned at Point a of this Clause.

4. For industrial property registration applications not falling into the cases specified in Clause 2 of this Article, or in the cases specified at Point d, Clause 3 of this Article, the state management agency in charge of industrial property rights shall issue notices of acceptance of valid applications or carry out procedures for granting protection titles and recording them in the national register of industrial property as provided for in Article 118 of this Law, for layout-design registration applications.

5. Mark registration applications rejected according to the provisions of Clause 3 of this Article shall be considered having not been filed, except where they serve as grounds for claims for priority right.

Article 110.- Publication of industrial property registration applications

1. Industrial property registration applications which have been accepted as being valid by the state management agency in charge of industrial property rights shall be published in the Official Gazette of Industrial Property according to the provisions of this Article.

2. An invention registration application shall be published in the 19th month as from the filing date or the priority date, as applicable, or at an earlier time at the request of the applicant.

3. An industrial design registration application, a mark registration application or a geographical indication registration application shall be published within 2 months as from the date such application is accepted as being valid.

4. A layout-design registration application shall be published by mode of direct access at the concerned state management agency in charge of industrial property rights, provided that no reproduction is permitted; for confidential information in an application, such access shall be permitted only to competent authorities and involved parties in the process of carrying out procedures for invalidating protection titles or the process of carrying out procedures for handling right infringements.

Principal information on a layout-design registration application and the protection title for a layout-design shall be published within 2 months as from the grant date of such protection title.

Article 111.- Confidentiality of invention registration applications, industrial design registration applications before publication thereof

1. Before invention registration applications or industrial design registration applications are published in the Official Gazette of Industrial Property, the state management agency in charge of industrial property rights shall have to keep confidential information therein.

2. Cadres and public employees of the state management agency in charge of industrial property rights who disclose information in invention registration applications or industrial design registration applications shall be disciplined; if the information disclosure causes damage to applicants, they must pay compensations therefor according to the provisions of law.

Article 112.- Third party’s opinions on the grant of protection titles

As from the date an industrial property registration application is published in the Official Gazette of Industrial Property till prior to the date of issuance of a decision on grant of a protection title, any third party shall have the right to express opinions to the concerned state management agency in charge of industrial property rights on the grant or refusal to grant a protection title in respect of such application. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.

Article 113.- Request for substantive examination of invention registration applications

1. Within 42 months after the filing date or the priority date, as applicable, an applicant or any third party may request the concerned state management agency in charge of industrial property rights to substantively examine the application, provided that the substantive examination fee is paid.

2. The time limit for making request for substantive examination of an invention registration application involving a request for a utility solution patent shall be 36 months counting from the filing date or the priority date, as applicable.

3. Where no request for substantive examination is filed within the time limit specified in Clauses 1 and 2 of this Article, the invention registration application shall be considered having been withdrawn at the expiration of that time limit.

Article 114.- Substantive examination of industrial property registration applications

1. The following industrial property registration applications shall be substantively examined for evaluation of the eligibility for grant of protection titles for subject matters stated in such applications under protection conditions and for determination of the respective scope of protection:

a/ Invention registration applications which have already been accepted as being valid and involve requests for substantive examination filed according to regulations;

b/ Industrial design registration applications, mark registration applications or geographical indication registration applications which have been accepted as being valid.

2. Layout-design registration applications shall not be substantively examined.

Article 115.- Amendment, supplementation, division and conversion of industrial property registration applications

1. Before the concerned state management agency in charge of industrial property rights notifies a refusal or decides to grant a protection title, the applicant shall have the following rights:

a/ To amend or supplement the application;

b/ To divide the application;

c/ To request the recording of changes in name or address of the applicant;

d/ To request the recording of change of the applicant as a result of application transfer under a contract, bequeathal or inheritance, or under a decision of a competent agency;

e/ To convert an invention registration application involving a request for an invention patent into an invention registration application involving a request for a utility solution patent and vice versa.

2. The requesters for completion of procedures specified in Clause 1 of this Article shall have to pay fees and charges.

3. Any amendment or supplement to an industrial property registration application must not expand the scope of the subject matter already disclosed or stated in such application and must not change the nature of the subject matter subject to registration stated in the application and must ensure the uniformity of the application.

4. In case of division of an application, the filing date of the divided application shall be determined to be the filing date of the original application.

Article 116.- Withdrawal of industrial property registration applications

1. Before the concerned state management agency in charge of industrial property rights decides or refuses to grant a protection title, the applicant shall have the right to make written declaration on the withdrawal of the industrial property registration application in his or her own name or through an industrial property representation service organization, provided that the power of attorney clearly states the authorization for application withdrawal.

2. As from the time the applicant declares the withdrawal of the application, all further procedures related to such application shall be stopped; fee and charge amounts already paid in relation to the procedures which have not yet been commenced shall be refunded to the applicant at his/her request.

3. All invention or industrial design registration applications which have been withdrawn or are considered having been withdrawn before their publication and all mark registration applications which have been withdrawn shall be considered having never been filed, except where they serve as grounds for claims for priority right.

Article 117.- Refusal to grant protection titles

1. The grant of a protection title for an invention, industrial design, mark or geographical indication registration application shall be refused in the following cases:

a/ There are grounds to affirm that the subject matter stated in the application does not fully satisfy the protection conditions;

b/ The application satisfies the conditions for the grant of a protection title but is not with the earliest filing date or priority date as in the case specified in Clause 1, Article 90 of this Law;

c/ The application falls into a case specified in Clause 2, Article 90 of this Law but fails to get the consensus of all applicants.

2. The grant of a protection title for a layout-design registration application that does not fulfill the formal requirements specified in Article 109 of this Law shall be refused.

3. Where an industrial property registration application falls into the cases specified in Clauses 1 and 2 of this Article, the concerned state management agency in charge of industrial property rights shall carry out the following procedures:

a/ Notifying an intended refusal to grant a protection title, clearly stating the reasons therefor and setting a time limit for the applicant to make an objection to such intended refusal;

b/ Notifying the refusal to grant a protection title if the applicant makes no objection or makes unjustifiable objection to such intended refusal mentioned at Point a of this Clause;

c/ Granting a protection title and recording it in the national register of industrial property according to the provisions of Article 118 of this Law if the applicant has made a justifiable objection to the intended refusal mentioned at Point a of this Clause.

4. Where there appears an objection to the intended grant of a protection title, the relevant industrial property registration application shall be re-examined with regard to the matters against which the objection is made.

Article 118.- Grant of protection titles, entry into the register

Where an industrial property registration application does not fall into the cases of refusal to grant protection titles specified in Clauses 1 and 2 and at Point b, Clause 3, Article 117 of this Law and the applicant has paid fee, the state management agency in charge of industrial property rights shall decide to grant a protection title and enter it in the national register of industrial property.

Article 119.- Time limit for processing industrial property registration applications

1. An industrial property registration application shall have its form examined within one month from the filing date.

2. An industrial property registration application shall be substantively examined within the following time limits:

a/ For an invention, 12 months from the date of its publication if a request for substantive examination is filed before the date of application publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication;

b/ For an industrial design, a mark or a geographical indication, 6 months from the date of publication of the application.

3. The time limit for re-examination of an industrial property registration application shall be equal to two thirds of the time limit for the initial examination, and may, in complicated cases, be prolonged but must not exceed the time limit for the initial examination.

4. The duration for amendment or supplementation of applications shall not be counted into the time limits specified in Clauses 1, 2 and 3 of this Article.

SECTION 4. INTERNATIONAL APPLICATIONS AND PROCESSING THEREOF

Article 120.- International applications and processing thereof

1. Industrial property registration applications filed under treaties to which the Socialist Republic of Vietnam is a contracting party shall be collectively referred to as international applications.

2. International applications and processing thereof shall comply with the relevant treaties.

3. The Government shall guide the implementation of the relevant treaties’ provisions on international applications, orders and procedures for processing thereof in compliance with the principles laid down in this Chapter.

CHAPTER IX. OWNERS AND CONTENTS OF, AND LIMITATIONS ON INDUSTRIAL PROPERTY RIGHTS

SECTION 1. OWNERS AND CONTENTS OF INDUSTRIAL PROPERTY RIGHTS

Article 121.- Owners of industrial property objects

1. Owners of inventions, industrial designs or layout-designs mean organizations or individuals that are granted by the competent agency protection titles for respective industrial property objects.

Owners of marks mean organizations or individuals that are granted by the competent agency protection titles for such marks or have internationally registered marks as recognized by the competent agency or have well-known marks.

2. Owners of trade names mean organizations or individuals that lawfully use such trade names in business activities.

3. Owners of business secrets mean organizations or individuals that have lawfully acquired such business secrets and keep them secret. A business secret acquired by an employee or a performer of an assigned task during the performance of the hired job or assigned task shall be owned by the employer or the task assignor, unless otherwise agreed by the parties.

4. The owner of Vietnam’s geographical indications is the State.

The State shall grant the right to use geographical indications to organizations or individuals that turn out products bearing such geographical indications in relevant localities and put such products on the market. The State shall directly exercise the right to manage geographical indications or grant that right to organizations representing the interests of all organizations or individuals granted with the right to use geographical indications.

Article 122.- Authors of inventions, industrial designs or layout-designs and their rights

1. Authors of inventions, industrial designs or layout-designs mean persons who have personally created such industrial property objects. Where two or more persons have jointly created industrial property objects, they shall be co-authors.

2. Moral rights of authors of inventions, industrial designs or layout-designs shall include the following rights:

a/ To be named as authors in invention patents, utility solution patents, industrial design patents or certificates of registered semiconductor integrated circuit layout-designs;

b/ To be acknowledged as authors in documents in which inventions, industrial designs or layout-designs are published or introduced.

3. Economic rights of authors of inventions, industrial designs or layout-designs are the rights to receive remunerations as provided for in Article 135 of this Law.

Article 123.- Rights of owners of industrial property objects

1. Owners of industrial property objects shall have the following economic rights:

a/ To use or authorize others to use industrial property objects according to the provisions of Article 124 and Chapter X of this Law;

b/ To prevent others from using industrial property objects according to the provisions of Article 125 of this Law;

c/ To dispose of industrial property objects according to the provisions of Chapter X of this Law.

2. Organizations and individuals that are granted by the State the right to use or the right to manage geographical indications according to the provisions of Clause 4, Article 121 of this Law shall have the following rights:

a/ Organizations which are granted the right to manage geographical indications may permit other persons to use such geographical indications according to the provisions of Point a, Clause 1 of this Article.

b/ Organizations and individuals that are granted the right to use or organizations which are granted the right to manage geographical indications may prevent other persons from using such geographical indications according to the provisions of Point b, Clause 1 of this Article.

Article 124.- Use of industrial property objects

1. Use of an invention means the performance of the following acts:

a/ Manufacturing the protected product;

b/ Applying the protected process;

c/ Exploiting utilities of the protected product or the product manufactured under the protected process;

d/ Circulating, advertising, offering, stocking for circulation the product mentioned at Point c of this Clause;

e/ Importing the product mentioned at Point c of this Clause.

2. Use of an industrial design means the performance of the following acts:

a/ Manufacturing products with appearance embodying the protected industrial design;

b/ Circulating, advertising, offering and stocking for circulation products mentioned at Point a of this Clause;

c/ Importing products mentioned at Point a of this Clause.

3. Use of a layout-design means the performance of the following acts:

a/ Reproducing the layout-design; manufacturing semiconductor integrated circuits under the protected layout-design;

b/ Selling, leasing, advertising, offering or stocking copies of the protected layout-design, semi-conductor integrated circuits manufactured under the protected layout-design or articles containing such semi-conductor integrated circuits;

c/ Importing copies of the protected layout-design, semi-conductor integrated circuits manufactured under the protected layout-design or articles containing such semi­conductor integrated circuits.

4. Use of a business secret means the performance of the following acts:

a/ Applying the business secret to manufacture of products, provision of services or trade in goods;

b/ Selling, advertising for sale, stocking for sale or importing products manufactured with the application of the business secret;

5. Use of a mark means the performance of the following acts:

a/ Affixing the protected mark on goods, goods packages, means of business, means of service provision, transaction documents in business activities;

b/ Circulating, offering, advertising for sale or stocking for sale goods bearing the protected mark;

c/ Importing goods or services bearing the protected mark.

6. Use of a trade name means the performance of acts for commercial purposes by using it to name oneself in business activities, expressing it in transaction documents, signboards, products, goods, goods packages and means of service provision or advertisement.

7. Use of a geographical indication means the performance of the following acts:

a/ Affixing the protected geographical indication on goods or goods packages, means of business and transaction documents in business activities;

b/ Circulating, offering, advertising for sale or stocking for sale goods bearing the protected geographical indication;

c/ Importing goods bearing the protected geographical indication.

Article 125.- Right to prevent others from using industrial property objects

1. Owners of industrial property objects as well as organizations and individuals granted the right to use or the right to manage geographical indications may prevent others from using such industrial property objects unless such use falls into the cases specified in Clauses 2 and 3 of this Article.

2. Owners of industrial property objects as well as organizations and individuals granted the right to use or the right to manage geographical indications shall not have the right to prevent others from performing the following acts:

a/ Using inventions, industrial designs or layout-designs in service of their personal needs or for non-commercial purposes, or for purpose of evaluation, analysis, research, teaching, testing, trial production or information collection for carrying out procedures of application for licenses for production, importation or circulation of products;

b/ Circulating, importing, exploiting utilities of products having been lawfully put on the market, including overseas markets, except for products put on the overseas markets not by the mark owners or their licensees;

c/ Using inventions, industrial designs or layout-designs only for the purpose of maintaining the operation of foreign means of transport in transit or temporarily staying in the Vietnamese territory;

d/ Using inventions or industrial designs by persons with the prior use right according to the provisions of Article 134 of this Law;

e/ Using inventions by persons authorized by competent state agencies according to the provisions of Articles 145 and 146 of this Law;

f/ Using layout-designs without knowing or having the obligation to know that such layout-designs are under protection;

g/ Using marks identical with or similar to protected geographical indications where such marks have acquired the protection in an honest manner before the date of filing applications for registration of such geographical indications.

h/ Using in an honest manner people’s names, descriptive marks of type, quantity, quality, utility, value, geographical origin and other properties of goods or services.

3. Owners of business secrets shall not have the right to prevent others from performing the following acts:

a/ Disclosing or using business secrets acquired without knowing or having the obligation to know that they have been unlawfully acquired by others;

b/ Disclosing secret data in order to protect the public according to the provisions of Clause 1, Article 128 of this Law;

c/ Using secret data specified in Article 128 of this Law not for commercial purposes;

d/ Disclosing or using business secrets obtained independently;

e/ Disclosing or using business secrets obtained by analyzing or evaluating lawfully distributed products, unless otherwise agreed upon by analyzers or evaluators and owners of such business secrets or sellers of such products.

Article 126.- Acts of infringing upon the rights to inventions, industrial designs and layout-designs

The following acts shall be regarded as infringements of the rights of owners of inventions, industrial designs or layout-designs:

1. Using protected inventions, protected industrial designs or industrial designs insignificantly different from protected industrial designs, or protected layout-designs or any original part thereof within valid terms of protection titles without permission of owners;

2. Using inventions, industrial designs or layout-designs without paying compensations according to the provisions on provisional rights in Article 131 of this Law.

Article 127.- Acts of infringing upon the rights to business secrets

1. The following acts shall be regarded as infringements of the rights to business secrets:

a/ Accessing or acquiring information pertaining to business secrets by taking acts against secret-keeping measures applied by lawful controllers of such business secrets;

b/ Disclosing or using information pertaining to business secrets without permission of owners of such business secrets;

c/ Breaching secret-keeping contracts or deceiving, inducing, buying off, forcing, seducing or abusing the trust of persons in charge of secret-keeping in order to access, acquire or disclose business secrets;

d/ Accessing or acquiring information pertaining to business secrets of applicants for licenses for trading in or circulating products by taking acts against secret-keeping measures applied by competent agencies;

e/ Using or disclosing business secrets, while knowing or having obligation to know that they have been acquired by others engaged in one of the acts specified at Points a, b, c and d of this Clause;

f/ Failing to perform the secret-keeping obligation specified in Article 128 of this Law.

2. Lawful controllers of business secrets defined in Clause 1 of this Article include owners of business secrets, their lawful licensees and managers of business secrets.

Article 128.- Obligation to keep secret test data

1. Where the law requires applicants for licenses for trading in or circulating pharmaceuticals or agro-chemical products to supply test results or any other data being business secrets obtained by investment of considerable efforts, and where applicants request such data to be kept secret, the competent licensing agency shall be obliged to apply necessary measures so that such data are neither used for unhealthy commercial purposes nor disclosed, except where the disclosure is necessary to protect the public.

2. From the submission of secret data in applications to the competent agency mentioned in Clause 1 of this Article to the end of a 5-year period as from the date the applicants are granted licenses, such agency must not grant licenses to any subsequent applicants in whose applications the said secret data are used without the consent of submitters of such data, except for the cases specified at Point d, Clause 3, Article 125 of this Law.

Article 129.- Acts of infringing upon the rights to marks, trade names and geographical indications

1. The following acts if being performed without the permission of mark owners, shall be regarded as infringements of the rights to marks:

a/ Using signs identical with protected marks for goods or services identical with goods or services on the lists registered together with such marks;

b/ Using signs identical with protected marks for goods or services similar or related to those goods on services on the lists registered together with such marks, if such use is likely to cause confusion as to the origin of the goods or services;

c/ Using signs similar to protected marks for goods or services identical with, similar to or related to goods or services on the lists registered together with such marks, if such use is likely to cause confusion as to the origin of the goods or services;

d/ Using signs identical with, or similar to, well-known marks, or signs in the form of translations or transcriptions of well-known marks for any goods or services, including those unidentical with, dissimilar or unrelated to goods or services on the lists of those bearing well-known marks, if such use is likely to cause confusion as to the origin of the goods or services or misleading impression as to the relationship between users of such signs and well-known mark owners.

2. All acts of using commercial indications identical with, or similar to, others’ trade names having been used earlier for the same or similar type of goods or services, that cause confusion as to business entities, establishments or activities under such trade names shall be regarded as infringements of the rights to trade names.

3. The following acts shall be regarded as infringements of the rights to protected geographical indications:

a/ Using protected geographical indications for products which do not satisfy the criteria of peculiar characteristics and quality of products bearing geographical indications although such products originate from geographical areas bearing such geographical indications;

b/ Using protected geographical indications for products similar to products bearing geographical indications for the purposes of taking advantage of their reputation and popularity;

c/ Using any sign identical with, or similar to, protected geographical indications for products not originating from geographical areas bearing such geographical indications and therefore misleading consumers as to that products originate from such geographical areas;

d/ Using protected geographical indications of wines or spirits for wines or spirits not originating from geographical areas bearing such geographical indication, even where the true origin of goods is indicated or geographical indications are used in the form of translations or transcriptions, or accompanied by such words as “category,” “model,” “type,” “imitation” or the like.

Article 130.- Acts of unfair competition

1. The following acts shall be regarded as acts of unfair competition:

a/ Using commercial indications to cause confusion as to business entities, business activities or commercial origin of goods or services;

b/ Using commercial indications to cause confusion as to the origin, production method, utilities, quality, quantity or other characteristics of goods or services; or as to the conditions for provision of goods or services;

c/ Using marks protected in a country which is a contracting party to a treaty to which the Socialist Republic of Vietnam is also a contracting party and under which representatives or agents of owners of such marks are prohibited from using such marks, if users are representatives or agents of the mark owners and such use is neither consented to by the mark owners nor justified;

d/ Registering or possessing the right to use or using domain names identical with, or confusingly similar to, protected trade names or marks of others, or geographical indications without having the right to use, for the purpose of possessing domain names, benefiting from or prejudicing reputation and popularity of respective marks, trade names or geographical indications.

2. Commercial indications specified in Clause 1 of this Article mean signs and information serving as guidelines to trading of goods or services, including marks, trade names, business symbols, business slogans, geographical indications, designs of packages and/or labels of goods.

3. Acts of using commercial indications specified in Clause 1 of this Article include acts of affixing such commercial indications on goods, goods packages, means of service provision, business transaction documents or advertising means; selling, advertising for sale, stocking for sale and importing goods affixed with such commercial indications.

Article 131.- Provisional rights to inventions, industrial designs or layout-designs

1. Where an applicant for registration of an invention or industrial design knows that such invention or industrial design is being used by another person without prior use right for commercial purposes, the applicant may notify in writing the user of the filing of his/her application, clearly specifying the filing date and the date of application publication in the Official Gazette of Industrial Property so that the later shall terminate or continue such use.

2. For a layout-design which has, before the grant date of the certificate of registered semiconductor integrated circuit layout-design, been commercially exploited by the person with the registration right or his/her licensee, if such person knows that such layout-design is being used by another person for commercial purposes, he/she may notify in writing the user of his/her registration right so that the later shall terminate or continue such use.

3. Where the person notified of contents specified in Clauses 1 and 2 of this Article continues using such invention, industrial design or layout-design, as soon as an invention patent, utility solution patent, industrial design patent or certificate of registered semiconductor integrated circuit layout-design is granted, the owner of such invention, industrial design or layout-design shall have the right to request the user of such invention, industrial design or layout-design to pay a compensation equivalent to the price for licensing of such invention, industrial design or layout-design within the relevant scope and duration of use.

SECTION 2. LIMITATIONS ON INDUSTRIAL PROPERTY RIGHTS

Article 132.- Elements limiting industrial property rights

Under this Law, industrial property rights may be limited by the following elements:

1. Right of prior users to inventions or industrial designs;

2. Obligations of owners, including:

a/ To pay remunerations to the authors of inventions, industrial designs or layout-designs;

b/ To use inventions or marks.

3. Licensing of inventions under decisions of state competent agencies.

Article 133.- Rights to use inventions on behalf of the State

1. Ministries and ministerial-level agencies shall have the right to, on behalf of the State, use or permit other organizations or individuals to use inventions in domains under their respective management for public and non-commercial purposes, national defense, security, disease prevention and treatment and nutrition for the people, and to meet other urgent social needs without having to obtain permission of invention owners or their licensees under exclusive contracts (hereinafter referred to as holders of exclusive right to use inventions) according to Articles 145 and 146 of this Law.

2. The use of inventions mentioned in Clause 1 of this Article shall be limited within the scope of and under the conditions for licensing provided for in Clause 1, Article 146 of this Law, except where such inventions are created by using material-technical facilities and funds from the state budget.

Article 134.- Right of prior use of inventions and industrial designs

1. Where a person has, before the publication date of an invention or industrial design registration application, used or prepared necessary conditions for use of an invention or industrial design identical with the protected invention or industrial design stated in such registration application but created independently (hereinafter referred to as the prior use right holder), then after a protection title is granted, such person shall be entitled to continue using such invention or industrial design within the scope and volume of use or use preparations without having to obtain permission of or paying compensations to the owner of the protected invention or industrial design. The exercise of the right of prior users of inventions or industrial designs shall not be regarded as an infringement of the right of invention or industrial design owners.

2. Holders of prior use right to inventions or industrial designs must not assign such right to others, except where such right is assigned together with the transfer of business or production establishments which have used or are prepared to use the inventions or industrial designs. Prior use right holders must not expand the use scope and volume unless it is so permitted by invention or industrial design owners.

Article 135.- Obligation to pay remunerations to authors of inventions, industrial designs or layout-designs

1. Owners of inventions, industrial designs or layout-designs are obliged to pay remunerations to their authors according to the provisions of Clauses 2 and 3 of this Article, unless otherwise agreed upon by the parties.

2. The minimum level of remuneration payable by an owner to an author is provided for as follows:

a/ 10% of the profit amount gained by the owner from the use of an invention, industrial design or layout-design;

b/ 15% of total amount received by the owner in each payment for licensing of an invention, industrial design or layout-design.

3. Where an invention, industrial design or layout-design is jointly created by more than one authors, the remuneration level provided for in Clause 2 of this Article shall be applicable to all co-authors. The co-authors shall agree by themselves on the division of the remuneration amount paid by the owner.

4. The obligation to pay remunerations to authors of inventions, industrial designs or layout-designs shall exist throughout the term of protection of such inventions, industrial designs or layout-designs.

Article 136.- Obligation to use inventions and marks

1. Owners of inventions are obliged to manufacture protected products or apply protected processes to satisfy the requirements of national defense, security, disease prevention and treatment and nutrition for the people or to meet other social urgent needs. When there arise the needs mentioned in this Clause but invention owners fail to perform such obligation, the competent state agency may license such inventions to others without permission of invention owners according to the provisions of Articles 145 and 146 of this Law.

2. Owners of marks are obliged to use such marks continuously. Where a mark has not been used for 5 consecutive years or more, the ownership right to such mark shall be invalidated according to the provisions of Article 95 of this Law.

Article 137.- Obligations to authorize the use of principal inventions for the purpose of using dependent inventions

1. A dependent invention means an invention created based on another invention (hereinafter referred to as principal invention) and may only be used on the condition that the principal invention is also used.

2. Where the owner of a dependent invention can prove that his/her invention makes an important technical advance as compared with the principal invention and has a great economic significance, he/she may request the owner of the principal invention to license such principal invention with reasonably commercial price and conditions.

Where the owner of a principal invention fails to satisfy the request of the owner of a dependent invention without justifiable reasons, the concerned competent state agency may license such invention to the owner of the dependent invention without permission of the owner of the principal invention according to the provisions of Articles 145 and 146 of this Law.

CHAPTER X. TRANSFER OF INDUSTRIAL PROPERTY RIGHTS

SECTION 1. ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS

Article 138.- General provisions on assignment of industrial property rights

1. Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual.

2. Assignment of industrial property rights must be established in the form of written contracts (hereinafter referred to as industrial property right assignment contracts).

Article 139.- Restrictions on assignment of industrial property rights

1. Industrial property right owners may only assign their rights within the scope of protection.

2. Rights to geographical indications shall not be assigned.

3. Rights to trade names shall only be assigned together with the transfer of the entire business establishments and business activities under such trade names.

4. The assignment of the rights to marks must not cause confusion as to properties or origins of goods or services bearing such marks.

5. Rights to marks shall only be assigned to organizations or individuals that satisfy conditions for persons having the right to register such marks.

Article 140.- Contents of industrial property right assignment contracts

An industrial property right assignment contract must have the following principal contents:

1. Full names and addresses of the assignor and the assignee;

2. Assignment bases;

3. Assignment price;

4. Rights and obligations of the assignor and the assignee.

SECTION 2. LICENSING OF INDUSTRIAL PROPERTY OBJECTS

Article 141.- General provisions on licensing of industrial property objects

1. Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right.

2. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as industrial property object license contracts).

Article 142.- Restrictions on licensing of industrial property objects

1. The right to use geographical indications or trade names must not be licensed.

2. The right to use collective marks must not be licensed to organizations or individuals other than members of the owners of such collective marks.

3. The licensee must not enter into a sub-license contract with a third party, unless it is so permitted by the licensor.

4. Mark licensees shall be obliged to indicate on goods and goods packages that such goods have been manufactured under mark license contracts.

5. Invention licensees under exclusive contracts shall be obliged to use such inventions in the same manner as the invention owners according to the provisions of Clause 1, Article 136 of this Law.

Article 143.- Types of industrial property object license contracts

Industrial property object license contracts shall be of the following types:

1. Exclusive contract means a contract under which, within licensing scope and term, the licensee shall have an exclusive right to use the licensed industrial property object while the licensor may neither enter into any industrial property object license contract with any third party nor, without permission of the licensee, use such industrial property object;

2. Non-exclusive contract means a contract under which, within licensing scope and term, the licensor shall still have the rights to use the industrial property object and to enter into non-exclusive industrial property object license contracts with others.

3. Industrial property object sub-license contract means a contract under which the licensor is a licensee of the right to use an industrial property object under another contract.

Article 144.- Contents of industrial property object license contracts

1. An industrial property object license contract must have the following principal contents:

a/ Full names and addresses of the licensor and the licensee;

b/ Licensing bases;

c/ Contract type;

d/ Licensing scope of, covering limitations on use right and territorial limitations;

e/ Contract term;

f/ Licensing price;

g/ Rights and obligations of the licensor and the licensee.

2. An industrial property object license contract must not have provisions which unreasonably restrict the right of the licensee, particularly the following provisions which do not derive from the rights of the licensor:

a/ Prohibiting the licensee to improve the industrial property object other than marks; compelling the licensee to transfer free of charge to the licensor improvements of the industrial property object made by the licensee or the right of industrial property registration or industrial property rights to such improvements;

b/ Directly or indirectly restricting the licensee to export goods produced or services provided under the industrial property object license contract to the territories where the licensor neither holds the respective industrial property rights nor has the exclusive right to import such goods;

c/ Compelling the licensee to buy all or a certain percentage of raw materials, components or equipment from the licensor or a third party designated by the licensor not for the purpose of ensuring the quality of goods produced or services provided by the licensee;

d/ Forbidding the licensee to complain about or initiate lawsuits with regard to the validity of the industrial property rights or the licensor’s right to license.

3. Any clauses in the contract falling into the cases specified in Clause 2 of this Article shall be ex-officio invalid.

SECTION 3. COMPULSORY LICENSING OF INVENTIONS

Article 145.- Bases for compulsory licensing of inventions

1. In the following cases, the right to use an invention may be licensed to another organization or individual under a decision of the competent state agency defined in Clause 1, Article 147 of this Law without permission from the holder of exclusive right to use such invention:

a/ Where the use of such invention is for public and non-commercial purposes or in service of national defense, security, disease prevention and treatment and nutrition for people or other urgent needs of the society.

b/ Where the holder of exclusive right to use such invention fails to fulfill the obligations to use such invention provided for in Clause 1, Article 136 and Clause 5, Article 142 of this Law upon the expiration of a 4-year duration as from the date of filing the invention registration application and the expiration of a 3-year duration as from the date of granting the invention patent;

c/ Where a person who wishes to use the invention fails to reach an agreement with the holder of exclusive right to use such invention on the entry of an invention license contract in spite of his/her efforts made within a reasonable time for negotiation on satisfactory commercial price and conditions;

d/ Where the holder of exclusive right to use such invention is considered having performed anti-competition practices banned by competition law.

2. The holder of exclusive right to use an invention may request the termination of the use right when the bases for licensing provided for in Clause 1 of this Article no longer exist and are unlikely to recur, provided that such termination shall not be prejudicial to the invention licensee;

Article 146.- Conditions of limitation on the right to use inventions licensed under compulsory decisions

1. The right to use an invention licensed under a decision of a competent state agency must be compliant with the following conditions:

a/ Such licensed use right is non-exclusive;

b/ Such licensed use right is only limited to a scope and duration sufficient to achieve the licensing objectives, and largely for the domestic market, except for the cases specified at Point d, Clause 1, Article 145 of this Law. For an invention in semi-conductor technology, the licensing thereof shall be only for public and non-commercial purposes or for handling anti-competition practices according to the provisions of the competition law;

c/ The licensee must neither assign nor sub-license such right to others, except where the assignment is effected together with the transfer of his/her business establishment;

d/ The licensee shall have to pay the holder of exclusive right to use the invention a satisfactory compensation depending on the economic value of such use right in each specific case, and compliant with the compensation bracket set by the Government.

2. Apart from the conditions specified in Clause 1 of this Article, the right to use an invention licensed in any of the cases specified in Clause 2, Article 137 of this Law must also satisfy the following conditions:

a/ The holder of exclusive right to use the principal invention shall also be licensed to use the dependent invention on reasonable terms;

b/ The licensee of the right to use the principal invention must not assign such right, except where the assignment is effected together with all rights to the dependent invention.

Article 147.- Competence and procedures for licensing of inventions under compulsory decisions

1. The Science and Technology Ministry shall issue decisions on licensing of inventions based on the consideration of requests for licensing in the cases specified at Points b, c and d, Clause 1, Article 145 of this Law.

Ministries and ministerial-level agencies shall issue decisions on licensing of inventions in domains under their respective management in the cases specified at Point a, Clause 1, Article 145 of this Law after consulting opinions of the Science and Technology Ministry.

2. Decisions on licensing of inventions must set out appropriate use scope and conditions according to the provisions of Article 146 of this Law.

3. The state agency competent to decide on licensing of inventions shall have to promptly notify the holders of exclusive right to use such inventions of its decisions.

4. Decisions on licensing of inventions or on refusal of licensing of inventions may be subject to complaints or lawsuits according to the provisions of law.

5. The Government shall specify procedures for licensing of inventions defined in this Article.

SECTION 4. REGISTRATION OF CONTRACTS FOR TRANSFER OF INDUSTRIAL PROPERTY RIGHTS

Article 148.- Validity of contracts for transfer of industrial property rights

1. For the industrial property rights established on the basis of registration according to the provisions of Point a, Clause 3, Article 6 of this Law, an industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights.

2. For the industrial property rights established on the basis of registration according to the provisions of Point a, Clause 3, Article 6 of this Law, an industrial property object license contract shall be valid as agreed upon by the involved parties but shall be legally effective to a third party upon registration with the state management agency in charge of industrial property rights.

3. Validity of an industrial property object license contract shall be terminated ex-officio upon the termination of licensor’s industrial property rights.

Article 149.- Dossiers for registration of contracts for transfer of industrial property rights

A dossier for registration of an industrial property object license contract or an industrial property right assignment contract shall comprise:

1. A declaration for registration, made according to a set form;

2. The original or a valid copy of the contract;

3. The original of the protection title, for case of industrial property right assignment;

4. Co-owners’ written consent, or a written explanation of the reason for disagreement of any co-owner with the right assignment where the industrial property rights are under joint ownership;

5. Vouchers of payment of fees and charges;

6. A power of attorney, if the dossier is filed through a representative.

Article 150.- Processing of dossiers for registration of contracts for transfer of industrial property rights

Order and procedures for receiving and processing dossiers for registration of industrial property object license contracts or industrial property right assignment contracts shall be specified by the Government.

CHAPTER XI. INDUSTRIAL PROPERTY REPRESENTATION

Article 151.- Industrial property representation services

1. Industrial property representation services cover:

a/ Representing organizations or individuals before competent state agencies in the establishment and enforcement of industrial property rights;

b/ Providing consultancy on issues related to procedures for the establishment and enforcement of industrial property rights;

c/ Other services related to procedures for the establishment and enforcement of industrial property rights.

2. Industrial property representatives include organizations providing industrial property representation services (hereinafter referred to as industrial property representation service organizations) and individuals practicing industrial property representation of such organizations (hereinafter referred to as industrial property agents).

Article 152.- Scope of rights of industrial property representatives

1. Industrial property representation service organizations shall only provide services within the scope of authorization and may re-authorize other industrial property representation service organizations when they obtain written consents of authorizing parties.

2. Industrial property representation service organizations may waive their industrial property representation service business after having lawfully transferred all incomplete representation jobs to other industrial property representation service organizations.

3. Industrial property representatives must not perform the following activities:

a/ Concurrently representing parties that dispute over industrial property rights;

b/ Withdrawing applications for protection titles, declaring waiver of protection or withdrawing appeals against the establishment of industrial property rights without consents of authorizing parties;

c/ Deceiving or forcing their clients to enter into and perform contracts for industrial property representation services.

Article 153.- Responsibilities of industrial property representatives

1. Industrial property representatives shall have the following responsibilities:

a/ To clearly notify fee and charge amounts and rates, which are related to procedures for establishment and enforcement of industrial property rights, service charge amounts and rates according to the service charge tariff registered at the state management agency in charge of industrial property rights;

b/ To keep confidential information and documents related to cases of their representation;

c/ To truthfully and adequately inform all notices and requests of the state agency competent to establish and enforce industrial property rights; to deliver on time protection titles and other decisions to the represented parties;

d/ To protect rights and legitimate interests of the represented parties by promptly satisfying all requests of the state agency competent to establish and enforce industrial property rights in favor of the represented parties;

e/ To notify the state agency competent to establish and enforce industrial property rights of all changes in the names, addresses of and other information on the represented parties when necessary.

2. Industrial property representation service organizations shall bear civil liabilities toward the represented parties for representation performed by their industrial property agents on their behalf.

Article 154.- Conditions for industrial property representation service business

Organizations which satisfy the following conditions shall be allowed to provide industrial property representation services as industrial property representation service organizations:

1. Being law-practicing businesses or organizations, or scientific and technological service organizations lawfully established and operating;

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

Article 155.- Conditions for industrial property representation service practice

1. An individual who satisfies the following conditions shall be allowed to practice industrial property representation service:

a/ Having industrial property representation service-practicing certificate;

b/ Working for one industrial property representation service organization.

2. Individuals who satisfy the following conditions shall be granted industrial property representation service-practicing certificates:

a/ Being Vietnamese citizens with full capacity for civil acts;

b/ Residing permanently in Vietnam;

c/ Having university degrees;

d/ Having personally been engaged in the domain of industrial property law for 5 consecutive years or more or in the examination of assorted industrial property registration applications at the national or international industrial property offices for 5 consecutive years or more or having graduated from training courses on industrial property law recognized by competent agencies;

e/ Being not cadres or civil servants working in the state agency competent to establish and enforce industrial property rights;

f/ Passing examinations on industrial property representation profession, organized by competent agencies.

3. The Government shall specify programs on industrial property law training, examination of industrial property representation profession, and grant of industrial property representation service-practicing certificates.

Article 156.- Recording and deletion of names of industrial property representation service organizations, withdrawal of industrial property representation service-practicing certificates

1. Organizations and individuals that satisfy the conditions for industrial property representation service business or practice specified in Articles 154 and 155 of this Law shall be, at their request, recorded in the national register of industrial property representatives and published in the Official Gazette of Industrial Property by the state management agency in charge of industrial property rights.

2. Where there are grounds to confirm that an industrial property representative no longer satisfies the business or practice conditions specified in Articles 154 and 155 of this Law, the state management agency in charge of industrial property rights shall delete the name of such industrial property representative in the national register of industrial property and publish such deletion in the Official Gazette of Industrial Property.

3. Industrial property representation service organizations which violate the provisions of Clause 3, Article 152 and Article 153 of this Law shall be handled according to the provisions of law;

4. Industrial property agents who make professional mistakes while practicing or violate the provisions of Point c, Clause 3, Article 152 and Point a, Clause 1, Article 153 of this Law shall, depending on the nature and seriousness of their mistakes or violations, be subject to cautions, monetary fines or withdrawal of industrial property representation service-practicing certificates.

PART FOUR. RIGHTS TO PLANT VARIETIES

CHAPTER XII. CONDITIONS FOR PROTECTION OF RIGHTS TO PLANT VARIETIES

Article 157.- Organizations and individuals that have rights to plant varieties protected

1. Organizations and individuals that have rights to plant varieties protected mean those that select and breed or discover and develop plant varieties or invest in the selection and breeding or the discovery and development of plant varieties or are transferred rights to plant varieties.

2. Organizations and individuals defined in Clause 1 of this Article include Vietnamese organizations and individuals; organizations and individuals of foreign countries which have concluded with the Socialist Republic of Vietnam agreements on the protection of plant varieties; and foreign organizations and individuals that have permanent residence addresses in Vietnam or have establishments producing or trading in plant varieties in Vietnam.

Article 158.- General conditions for plant varieties eligible for protection

Plant varieties eligible for protection mean those which have been selected and bred or discovered and developed, are on the list of State-protected plant species promulgated by the Agriculture and Rural Development Ministry, and are new, distinct, uniform, stable and designated by proper denominations.

Article 159.- Novelty of plant varieties

A plant variety shall be deemed new if reproductive materials or harvested materials of such variety has not yet been sold or otherwise distributed for the purpose of exploitation in the Vietnamese territory by the registration right holder defined in Article 164 of this Law or his/her licensee one year before the filing date of the registration application; or for exploitation outside the Vietnamese territory six years before the filing date of the registration application for timber trees or vines, and four years for other plant varieties.

Article 160.- Distinctness of plant varieties

1. A variety shall be deemed to be distinct if it is clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of filing the application or the priority date, as the case may be.

2. Plant varieties whose existence is a matter of common knowledge defined in Clause 1 of this Article mean those falling into one of the following cases:

a/ Their reproductive materials or harvested materials have been widely used in the market of any country at the time of filing of the protection registration application;

b/ They have been protected or registered into the list of plant species in any country;

c/ They are subject matters of protection registration applications or registered into the list of plant species in any country, provided that these applications have not been rejected;

d/ Their detailed descriptions have been published.

Article 161.- Uniformity of plant varieties

A plant variety shall be deemed uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its relevant characteristics.

Article 162.- Stability of plant varieties

A plant variety shall be deemed stable if its relevant originally described characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each cycle.

Article 163.- Denominations of plant varieties

1. The registrant must designate a proper denomination for a plant variety which must be the same as the denomination registered in any country upon filing of the protection registration application.

2. The denomination of a plant variety shall be deemed proper if it is distinguishable from those of other plant varieties of common knowledge in the same species or similar species.

3. Denominations of plant varieties shall be deemed improper in the following cases: a/ They consist of numerals only, except where such numerals are relevant to characteristics or the breeding of such varieties;

b/ They violate the social ethics;

c/ They may easily cause misleading as to features or characteristics of such varieties;

d/ They may easily cause misleading as to identifications of the breeders;

e/ They are identical or confusingly similar to marks, trade names or geographical indications protected before the date of publication of protection registration applications of such plant varieties;

f/ They are identical or similar to denominations of harvested materials of such plant varieties;

g/ They affect prior rights of other organizations or individuals.

4. Organizations and individuals that offer for sale or bring to the market reproductive materials of plant varieties must use the denominations of such plant varieties as stated in protection titles even after the expiration of the protection terms.

5. When denominations of plant varieties are combined with trademarks, trade names or indications similar to denominations of plant varieties already registered for sale offer or brought to the market, such denominations must still be distinguishable.

CHAPTER XIII. ESTABLISHMENT OF RIGHTS TO PLANT VARIETIES

SECTION 1. ESTABLISHMENT OF RIGHTS TO PLANT VARIETIES

Article 164.- Registration of rights to plant varieties

1. To obtain protection of rights to plant varieties, organizations and individuals must file their applications for protection registration with the state management agency in charge of rights to plant varieties.

2. Organizations and individuals having the right to register plant varieties for protection (hereinafter referred to as registrants) include:

a/ Breeders who have personally selected and bred or discovered and developed the plant varieties with their own efforts and expenses;

b/ Organizations and individuals that fund breeders to select and breed or discover and develop plant varieties in form of job assignment or hiring, unless otherwise agreed upon; c/ Organizations and individuals that are transferred or inherit the right to register for protection of plant varieties.

3. For plant varieties which are selected and bred or discovered and developed with the use of the state budget or under projects managed by the State, the rights to such plant varieties shall belong to the State. The Government shall specify the registration of rights to plant varieties mentioned in this Clause.

Article 165.- Mode of filing applications for registration of rights to plant varieties

1. Vietnamese organizations and individuals or foreign organizations and individuals that have permanent residence addresses in Vietnam or have plant variety production or trading establishments in Vietnam may file their applications for registration of rights to plant varieties (hereinafter referred to as protection registration applications) directly or through their lawful representatives in Vietnam.

2. Foreign organizations and individuals having no permanent residence addresses in Vietnam or no plant variety production and trading establishments in Vietnam may file protection registration applications through their lawful representatives in Vietnam.

Article 166.- First-to-file principle for plant varieties

1. Where two or more parties independently file protection registration applications on different days for the same plant variety, the plant variety protection certificate shall only be granted to the earliest valid registrant.

2. Where there are many protection registration applications for the same plant variety filed on the same day, the plant variety protection certificate shall only be granted to the registrant whose name is used for the filing of the sole application as agreed upon by all the other registrants. Where these registrants fail to reach agreement, the state management agency in charge of rights to plant varieties shall consider to grant the plant variety protection certificate to the party who is determined to be the first breeder who has selected and bred or discovered and developed such variety.

Article 167.- Priority principle for protection registration applications

1. A registrant may claim the priority right where a protection registration application is filed within 12 months from the date of filing the protection registration application for the same plant variety in a country which has concluded with the Socialist Republic of Vietnam an agreement on plant variety protection. The first filing date shall not be included in this time limit.

2. In order to enjoy the priority right, the registrant must express the claim for the priority right in his/her protection registration application. Within 3 months after filing the registration application, the registrant must produce copies of documents on the first application certified by the competent agency and samples or other evidence proving that the variety in both applications is the same and pay the fee. The registrant may supply necessary information, documents or materials to the state management agency in charge of rights to plant varieties for examination according to the provisions of Articles 176 and 178 of this Law within 2 years after the expiration of the duration for enjoying the priority right, or within an appropriate duration depending on the species of the plant variety stated in the application, after the first application is rejected or withdrawn.

3. Where a protection registration application is eligible for the priority right, the priority date shall be the first filing date.

4. Within the time limit specified in Clause 1 of this Article, the filing of another application or the publication or use of the plant variety being the subject matter of the first application shall not be considered a ground for rejecting the protection registration application eligible for the priority right.

Article 168.- Plant variety protection certificates and the national register of protected plant varieties

1. A protection certificate for a plant variety shall state the denomination and species of such variety, the name of the owner of rights to such plant variety (hereinafter referred to as the protection certificate holder), the name of the plant variety breeder and the protection term of rights to the plant variety.

2. The state management agency in charge of rights to plant varieties shall record the grant and contents of protection certificates in the national register for protected plant varieties, and archive such information.

Article 169.- Validity of plant variety protection certificates

1. Plant variety protection certificates shall be valid throughout the Vietnamese territory.

2. Plant variety protection certificates shall be valid from the grant date to the end of a period of 25 years for timber trees and vines; or 20 years for other plant varieties.

3. Plant variety protection certificates may have their validity terminated or be invalidated according to the provisions of Articles 170 and 171 of this Law.

Article 170.- Termination and restoration of validity of plant variety protection certificates

1. The validity of a plant variety protection certificate may be terminated in the following cases:

a/ The protected plant variety no longer satisfies the conditions of uniformity and stability as at the time of certificate grant;

b/ The protection certificate holder fails to pay the validity maintenance fee according to regulations;

c/ The protection certificate holder fails to supply necessary documents and reproductive materials for maintaining and preserving the plant variety according to regulations;

d/ The protection certificate holder fails to change the denomination of the plant variety at the request of the state management agency in charge of rights to plant varieties.

2. In the cases specified at Points a, c and d, Clause 1 of this Article, the concerned state management agency in charge of rights to plant varieties shall issue a decision on termination of validity of the plant variety protection certificate.

3. In the case specified at Point b, Clause 1 of this Article, upon the expiration of the time limit for payment of the validity maintenance fee, the concerned state management agency in charge of rights to plant varieties shall issue a decision on termination of validity of the plant variety protection certificate as from the first day of the next valid year in which the validity maintenance fee is not paid.

4. In the cases specified at Point a, Clause 1 of this Article, all organizations and individuals may request the state management agency in charge of rights to plant varieties to terminate the validity of the plant variety protection certificates.

Based on the results of considering the application for cancellation of a plant variety protection certificate and the opinions of relevant parties, the concerned state management agency in charge of rights to plant varieties shall issue a decision to terminate the validity of the certificate or to refuse the validity termination of the protection certificate.

5. In the cases specified in Clause 1 of this Article, the concerned state management agency in charge of rights to plant varieties shall publish such termination on a specialized magazine, clearly stating the reasons therefor, and concurrently send a notice thereon to the certificate holder. Within 30 days from the date of notification, the certificate holder may file a request for application of remedies to reasons for which the validity is terminated with the state management agency in charge of rights to plant varieties and pay the fee for restoration of validity of the plant variety protection certificate. Within 90 days after the date of filing the request, the protection certificate holder must remedy reasons for which the validity is terminated, for the cases specified at Points b, c and d, Clause 1 of this Article. The state management agency in charge of rights to plant varieties shall consider and restore the validity of the protection certificate and publish it in a specialized magazine.

In the cases specified at Point a, Clause 1 of this Article, the validity of the plant variety protection certificate shall be restored after its holder successfully proves that the plant variety has satisfied the conditions of uniformity and stability and has been so certified by the state management agency in charge of rights to plant varieties.

Article 171.- Invalidation of plant variety protection certificates

1. A plant variety protection certificate shall be invalidated in the following cases:

a/ The plant variety protection registration application is filed in the name of a person who does not have the registration right, except where the right to such plant variety has been assigned to the holder of the registration right;

b/ The protected plant variety fails to satisfy the conditions of novelty or distinctness at the time of grant of the plant variety protection certificate;

c/ The plant variety fails to satisfy the conditions of uniformity or stability where the plant variety protection certificate is granted on the basis of results of technical test conducted by the registrant.

2. In the valid term of the plant variety protection certificate, all organizations and individuals may request the state management agency in charge of rights to plant varieties to invalidate the plant variety protection certificate.

Basing itself on results of the examination of the requests for invalidation of plant variety protection certificates and opinions of relevant parties, the state management agency in charge of rights to plant varieties shall issue notices on refusal to invalidate or issue decisions on invalidation of plant variety protection certificates.

3. Where a plant variety protection certificate is invalidated, all transactions arising on the basis of the plant variety granted such protection certificate shall be null and void. The handling of null and void transactions shall comply with the Civil Code.

Article 172.- Modification or re-grant of plant variety protection certificates

1. Protection certificate holders may request the state management agency in charge of rights to plant varieties to modify or correct errors related to their names and addresses, provided that they shall pay fees and charges. Where such errors are made by the state management agency in charge of rights to plant varieties, this agency must correct such errors and protection certificate holders shall not have to pay fees and charges.

2. Protection certificate holders may request the state management agency in charge of rights to plant varieties to re-grant plant variety protection certificates where their protection certificates are lost or damaged provided they shall pay fees and charges.

Article 173.- Publication of decisions related to plant variety protection certificates

Decisions on grant, re-grant, termination of validity, invalidation or modification of plant variety protection certificates shall be published by the state management agency in charge of rights to plant varieties in a specialized magazine on plant varieties within 60 days after such decisions are issued.

SECTION 2. PROTECTION REGISTRATION APPLICATIONS AND PROCEDURES FOR PROCESSING THEREOF

Article 174.- Protection registration applications

1. A protection registration application comprises the following documents:

a/ A declaration form for registration made according to a set from;

b/ Photos and technical declarations made according to a set form;

c/ Power of attorney, where the application is filed through a representative;

d/ Documents evidencing the registration right where the registrant is a transferee of the registration right;

e/ Documents evidencing the priority right, where the application contains a claim for enjoying the priority right.

f/ Vouchers of payment of fees and charges.

2. Protection registration applications and documents for transaction between registrants and the state management agency in charge of rights to plant varieties must be made in Vietnamese, except for the following documents which may be made in another language but must be translated into Vietnamese at the request of the state management agency in charge of rights to plant varieties:

a/ Power of attorney;

b/ Documents evidencing the registration right;

c/ Documents evidencing the priority right;

d/ Other documents in support of applications.

3. Documents evidencing the priority right of a registration application for protection of rights to a plant variety include:

a/ Copies of the first application(s) certified by the receiving agency;

b/ Papers on transfer or inheritance of the priority right if such right is acquired from another person.

4. Each application shall be registered only for the protection of one plant variety.

Article 175.- Receipt of protection registration applications, filing date

1. A protection registration application shall be received by the concerned state management agency in charge of rights to plant varieties only when it is enclosed with all the documents specified in Clause 1, Article 174 of this Law.

2. The filing date of an application is the date on which such application is received by the concerned state management agency in charge of rights to plant varieties.

Article 176.- Formal examination of protection registration applications

1. The state management agency in charge of rights to plant varieties shall conduct the formal examination of applications within 15 days after receiving such applications to determine the validity of such applications.

2. A protection registration application shall be deemed invalid in the following cases:

a/ It fails to satisfy the formal requirements as specified;

b/ The plant variety stated in such application does not belong to a plant species on the list of protected plant species;

c/ It is filed by a person who does not have the registration right, even where the registration right belongs to many organizations or individuals but one or several of them do not agree to make the registration.

3. The state management agency in charge of rights to plant varieties shall carry out the following procedures:

a/ Notifying the refusal to accept the applications in the cases specified at Points b and c, Clause 2 of this Article, clearly stating the reasons therefor;

b/ Notifying the registrant of errors for correction in the cases specified at Point a, Clause 2 of this Article, and setting a time limit of 30 days after the receipt of the notice for the correction of such errors by the registrant;

c/ Notifying the refusal to accept the application where the registrant fails to correct errors or where the registrant does not make a reasonable appeal against the notice specified at Point b of this Clause;

d/ Notifying the acceptance of the application, requesting the registrant to supply samples of the variety to the testing institution for performance of technical tests and procedures specified in Article 178 of this Law where such application is valid or where the registrant has properly corrected the errors or made a justifiable opposition to the notice specified at Point b of this Clause.

Article 177.- Publication of protection registration applications

1. Where an application is accepted as valid, the concerned state management agency in charge of rights to plant varieties shall publish such valid application in a specialized magazine on plant varieties within 90 days from the date of application acceptance.

2. Published contents of an application include the serial number and filing date of the application, the representative agent (if any), the registrant, the owner, the denomination of the plant variety, the name of the plant species, the date on which the application is accepted as valid.

Article 178.- Substantive examination of protection registration applications

1. The state management agency in charge of rights to plant varieties shall conduct the substantive examination of applications already accepted as valid. The examination covers:

a/ Examination of novelty and proper denominations of plant varieties.

b/ Examination of results of technical tests of plant varieties.

2. Technical test means experiments conducted to determine the distinctness, uniformity and stability of varieties.

Technical test shall be conducted by the competent state agency or organizations or individuals that are capable of conducting the test of plant varieties in compliance with regulations of the Agriculture and Rural Development Ministry.

The state management agency in charge of rights to plant varieties may use previously obtained technical test results.

3. The time limit for examination of technical test results shall be 90 days from the date of receipt of such technical test results.

Article 179.- Modification and supplementation of protection registration applications

1. Before the concerned state management agency in charge of rights to plant varieties notifies the refusal to grant a plant variety protection certificate or the decision on grant of a plant variety protection certificate, the registrant shall have the following rights:

a/ To modify or supplement the protection registration application without changing its nature;

b/ To request the recording of changes in his/her name or address.

c/ To request the recording of change of the registrant due to the application assignment under a contract or as a result of inheritance or bequest.

2. The requester for carrying out of procedures specified in Clause 1 of this Article must pay fees and charges.

Article 180.- Withdrawal of protection registration applications

1. Before the concerned state management agency in charge of rights to plant varieties decides or refuses to grant a plant variety protection certificate, the registrant may withdraw the protection registration application. A request for application withdrawal must be made in writing.

2. From the moment the registrant withdraws the protection registration application, all subsequent procedures related to such application shall be stopped; fee and charge amounts already paid for procedures which have not yet been carried out shall be refunded at the request of the registrant.

Article 181.- Opinions of the third party on the grant of plant variety protection certificates

From the date of publication of a plant variety protection registration application in a specialized magazine on plant varieties until before a decision on grant of a plant variety protection certificate is issued, any third party can give opinions challenging the grant of such plant variety protection certificate to the state management agency in charge of rights to plant varieties. Such opinions must be made in writing and accompanied by documents and evidence to support them.

Article 182.- Refusal to grant plant variety protection certificates

A protection registration application shall be rejected and the grant of a plant variety protection certificate refused where the concerned plant variety fails to satisfy the conditions specified in Articles 176 and 178 of this Law. In case of refusal to grant a plant variety protection certificate, the state management agency in charge of rights to plant varieties shall carry out the following procedures:

1. Notifying the intended refusal to grant a plant variety protection certificate, clearly stating the reasons therefor and setting a time limit for the registrant to correct errors or make oppositions to the intended refusal;

2. Notifying the refusal to grant a plant variety protection certificate where the registrant fails to correct errors and makes no opposition to the intended refusal mentioned in Clause 1 of this Article;

3. Carrying out the procedures specified in Article 183 of this Law where the registrant has corrected errors or made a justifiable opposition to the intended refusal mentioned in Clause 1 of this Article.

Article 183.- Grant of plant variety protection certificates

Where a protection registration application is not rejected as specified in Article 182 of this Law and the registrant pays the fee, the state management agency in charge of rights to plant varieties shall decide to grant a plant variety protection certificate and record it in the national register of protected plant varieties.

Article 184.- Complaints about the grant or the refusal to grant plant variety protection certificates

1. The registrant and any third party may complain about the decision or the refusal to grant a plant variety protection certificate.

2. The settlement of complaints about decisions or refusals to grant plant variety protection certificates shall comply with the provisions of law on complaints and denunciations.

CHAPTER XIV. CONTENTS OF AND LIMITATIONS ON RIGHTS TO PLANT VARIETIES

SECTION 1. CONTENTS OF RIGHTS TO PLANT VARIETIES

Article 185.- Rights of plant variety breeders

The breeder of a plant variety shall have the following rights:

1. To have his/her name as a breeder recorded in the plant variety protection certificate, the national register of protected plant varieties, and published documents on plant varieties;

2. To receive remunerations according to the provisions of Point a, Clause 1, Article 191 of this Law.

Article 186.- Rights of protection certificate holders

1. A protection certificate holder shall have the right to exercise or authorize others to exercise the following rights to reproductive materials of a protected plant variety:

a/ To conduct the production or propagation;

b/ To process them for the purpose of propagation;

c/ To offer them for sale;

d/ To sell them or conduct other marketing activities;

e/ To export them;

f/ To import them;

g/ To stock them for the purposes specified at Points a, b, c, d, e and f of this Clause.

2. To prevent others from using the plant variety according to the provisions of Article 188 of this Law.

3. To pass by inheritance or bequest or transfer the rights to the plant variety according to the provisions of Chapter XV of this Law.

Article 187.- Extension of rights of protection certificate holders

Rights of a protection certificate holder shall be extended to the following plant varieties:

1. Plant varieties which originate from the protected plant variety, except where such protected plant variety itself originates from another protected plant variety;

A plant variety is deemed to originate from a protected plant variety if such plant variety still retains the expression of the essential characteristics resulting from the genotype or combination of genotypes of the protected variety, except for differences resulting from impacts on the protected variety;

2. Plant varieties which are not definitely distinct from the protected plant variety;

3. Plant varieties, the production of which requires the repeated use of protected plant variety.

Article 188.- Acts of infringing upon rights to plant varieties

The following acts shall be regarded as infringements of rights of a protection certificate holder:

1. Exploiting or using rights of such protection certificate holder without his/her permission;

2. Using a plant variety denomination which is identical or similar to a denomination protected for a plant variety of the same species or a species closely linked to the protected plant variety.

3. Using a protected plant variety without paying the remuneration according to the provisions of Article 189 of this Law.

Article 189.- Provisional rights to plant varieties

1. Provisional rights to a plant variety are rights of the protection registrant of such plant variety, which arise from the date of publication of the protection registration application till the date of grant of a plant variety protection certificate. Where a plant variety protection certificate is not granted for such plant variety, the protection registrant shall not have these provisional rights.

2. Where the registrant is aware of the fact that the plant variety registered for protection is being used by another person for commercial purposes, the plant variety protection registrant may notify in writing that user of the fact that a registration application for protection of the plant variety has been filed, clearly specifying the filing date and the date of publication of such protection registration application, so that the latter shall stop or continue using the plant variety.

3. Where the user already notified according to the provisions of Clause 2 of this Article continues using the plant variety, the plant variety protection certificate holder may, upon the grant of the certificate, request such plant variety user to pay a compensation amount equivalent to the licensing price of such plant variety within the corresponding use scope and duration.

SECTION 2. LIMITATIONS ON RIGHTS TO PLANT VARIETIES

Article 190.- Limitations on rights of plant variety protection certificate holders

1. The following acts shall not be regarded as infringements of rights to protected plant varieties:

a/ Using plant varieties for personal and non-commercial purposes;

b/ Using plant varieties for crossbreeding for scientific research purposes;

c/ Using plant varieties to create new plant varieties distinct from the protected plant varieties;

d/ Using harvested materials of protected plant varieties by individual production households for self-propagation and cultivation in the next season on their own land areas.

2. Rights to plant varieties shall not be applicable to acts related to materials of protected plant varieties which have been sold or otherwise brought to the domestic or overseas markets by protection certificate holders or their licensees, except for the following acts:

a/ Acts relating to further propagation of such plant varieties;

b/ Acts relating to export of reproductive materials of such plant varieties to countries where the genus or species of such plant varieties are not protected, except where such materials are exported for consumption purpose;

Article 191.- Obligations of protection certificate holders and breeders of plant varieties

1. Protection certificate holders shall have the following obligations:

a/ To pay remunerations to breeders of plant varieties as agreed upon; in the absence of such agreement, the remuneration level must comply with the provisions of law;

b/ To pay the fee for maintenance of validity of plant variety protection certificates according to regulations.

c/ To preserve protected plant varieties, supply reproductive materials of protected plant varieties to the state management agency in charge of rights to plant varieties, and maintain the stability of protected plant varieties according to regulations.

2. Breeders of plant varieties shall be obliged to help protection certificate holders maintain reproductive materials of protected plant varieties.

CHAPTER XV. TRANSFER OF RIGHTS TO PLANT VARIETIES

Article 192.- Licensing of plant varieties

1. Licensing of a plant variety means the permission of the protection certificate holder for another person to conduct one or several acts of his/her right to use the plant variety.

2. Where the right to use a plant variety is under co-ownership, the licensing of such plant variety to another person must be consented by all co-owners.

3. The licensing of a plant variety must be effected in the form of a written contract.

4. A plant variety licensing contract must not contain terms which unreasonably restrict rights of the licensee, particularly restrictions neither deriving from nor aimed at protecting rights of the licensor to the licensed plant variety.

Article 193.- Rights of parties to a licensing contract

1. The licensor may or may not permit the licensee to sublicense a third party.

2. The licensee shall have the following rights:

a/ To license the use right to a third party if it is so permitted by the licensor;

b/ To request the licensor to take necessary and appropriate measures against any infringements by a third party causing damage to the licensee;

c/ To take necessary measures to prevent a third party’s infringements if within a time limit of 3 months from the date of receipt of the request mentioned at Point b of this Clause, the licensor fails to act as requested.

Article 194.- Assignment of rights to plant varieties

1. Assignment of rights to a plant variety means the transfer by the plant variety protection certificate holder of all rights to such plant variety to the assignee. The assignee shall become the plant variety protection certificate holder from the date of registration of the assignment contract with the state management agency in charge of rights to plant varieties according to procedures specified by law.

2. Where rights to a plant variety are under joint ownership, the assignment of such rights to another person must be consented by all co-owners.

3. The assignment of rights to a plant variety must be effected in the form of written contract.

Article 195.- Bases and conditions for compulsory licensing of plant varieties

1. In the following cases, the rights to use a plant variety shall be licensed to another organization or individuals under a decision of the competent state agency defined in Clause 1, Article 196 of this Law without permission of the protection certificate holder or his/her exclusive licensee (hereinafter referred to as the holder of the exclusive right to use a plant variety):

a/ The use of such plant variety is for the public interest and non-commercial purposes, in service of national defense, security, food security and nutrition for the people or to meet other urgent social needs;

b/ Persons having demand and capacity to use such plant variety fail to reach agreement with the holder of the exclusive right to use such plant variety on the entry into a license contract though they have made best efforts within a reasonable period of time to negotiate for satisfactory prices and commercial conditions;

c/ The holder of the exclusive right to use such plant variety is considered having performed anti-competition practices prohibited according to the provisions of competition law.

2. The holder of the exclusive right to use a plant variety may request the termination of the use right when the bases for licensing provided for in Clause 1 of this Article cease to exist and are unlikely to recur, provided that such use right termination is not prejudicial to the licensee.

3. The right to use a plant variety licensed under a decision of the competent state agency must satisfy the following conditions:

a/ Such licensed use right is non-exclusive;

b/ Such licensed use right is limited within a scope and duration sufficient to attain the licensing objectives, and largely for the domestic market, except for the cases specified at Point c, Clause 1 of this Article;

c/ The licensee must not assign the use right to another person, except where the assignment is made together with the transfer of his/her business establishment, and must not sub-license to others;

d/ The licensee must pay an adequate compensation to the holder of exclusive right to use the plant variety, taking into account the economic value of such use right in each specific case and in compliance with the compensation rate bracket promulgated by the Government;

4. The Government shall specify cases of compulsory licensing of plant varieties and the compensation rate bracket mentioned at Point d, Clause 3 of this Article.

Article 196.- Competence and procedures for licensing of plant varieties under compulsory decisions

1. The Agriculture and Rural Development Ministry shall issue decisions on licensing of plant varieties in the fields under its state management on the basis of considering licensing requests for the cases specified in Clause 1, Article 195 of this Law.

Ministries and ministerial-level agencies shall issue decisions on licensing of plant varieties in the fields under their state management on the basis of consulting opinions of the Agriculture and Rural Development Ministry for the cases specified in Clause 1, Article 195 of this Law.

2. Plant variety licensing decisions must set the use scope and conditions in compliance with the provisions of Clause 3, Article 195 of this Law.

3. The state agency competent to decide on licensing of plant varieties must promptly notify holders of the exclusive right to use such plant varieties of such decisions.

4. Decisions on licensing of plant varieties or refusal to license plant varieties may be complained about or subject to lawsuits according to the provisions of law.

5. The Government shall specify procedures for licensing of plant varieties mentioned in this Article.

Article 197.- Rights of protection certificate holders in case of compulsory licensing of plant varieties

Protection certificate holders subject to compulsorily licensing of plant varieties shall have the following rights:

1. To receive compensations corresponding to the economic value of the licensed use right or equivalent to the licensing price under contracts with corresponding scope and term;

2. To request the state management agency in charge of rights to plant varieties to amend, terminate validity or invalidate of the compulsory licensing when the conditions for such compulsory licensing no longer exist and such amendment, termination of validity or invalidation does not cause damage to compulsory licensees.

PART FIVE. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

CHAPTER XVI. GENERAL PROVISIONS ON PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Article 198.- Right to self-protection

1. Intellectual property right holders shall have the right to apply the following measures to protect their intellectual property rights:

a/ Applying technological measures to prevent acts of infringing upon intellectual property rights;

b/ Requesting organizations or individuals that commit acts of infringing upon intellectual property rights to terminate their infringing acts, make public apologies or rectifications and pay damages;

c/ Requesting competent state agencies to handle acts of infringing upon intellectual property rights according to the provisions of this Law and other relevant provisions of law;

d/ Initiating lawsuits at courts or arbitration centers to protect their legitimate rights and interests.

2. Organizations and individuals that suffer from damage caused by acts of infringing upon intellectual property rights or discover acts of infringing upon intellectual property rights which cause damage to consumers or society shall have the right to request competent state agencies to handle such acts according to the provisions of this Law and other relevant provisions of law.

3. Organizations and individuals that suffer from damage or are likely to suffer from damage caused by acts of unfair competition shall have the right to request competent state agencies to apply the civil remedies provided for in Article 202 of this Law and the administrative remedies provided for by competition law.

Article 199.- Remedies against acts of infringing upon intellectual property rights

1. Organizations and individuals that commit acts of infringing upon intellectual property rights of other organizations and individuals shall, depending on the nature and seriousness of such infringements, be handled with civil, administrative or criminal remedies.

2. In case of necessity, competent state agencies may apply provisional urgent measures, measures to control intellectual property-related imports and exports, or measures to prevent and secure the administrative sanctioning according to the provisions of this Law and other relevant provisions of law.

Article 200.- Competence to handle acts of infringing upon intellectual property rights

1. Courts, inspectorates, market management offices, custom offices, police offices and People’s Committees of all levels, within the ambit of their tasks and powers, are competent to handle acts of infringing upon intellectual property rights.

2. The application of civil remedies or criminal remedies shall fall within the competence of courts. In case of necessity, courts may apply provisional urgent measures provided for by law.

3. The application of administrative remedies shall fall under the competence of inspectorates, police offices, market management offices, custom offices and People’s Committee of all levels. In case of necessity, these agencies may apply measures to prevent and secure the administrative sanctioning provided for by law.

4. The application of measures to control intellectual property-related imports and/or exports shall fall under the competence of custom offices.

Article 201.- Intellectual property assessment

1. Intellectual property assessment means the use by competent organizations or individuals of their professional knowledge and expertise to make assessment of and conclusion on matters related to intellectual property right infringement cases.

2. State agencies competent to handle acts of infringing upon intellectual property rights shall have the right to ask for intellectual property assessment while handling cases or matters they have accepted.

3. Intellectual property right holders and other related organizations and individuals shall have the right to request intellectual property assessment to protect their legitimate rights and interests.

4. The Government shall specify intellectual property assessment.

CHAPTER XVII. HANDLING OF INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS WITH CIVIL REMEDIES

Article 202.- Civil remedies

Courts shall apply the following civil remedies in handling organizations and individuals that have committed acts of infringing upon intellectual property rights:

1. Compelling the termination of infringing acts;

2. Compelling the public apology and rectification;

3. Compelling the performance of civil obligations;

4. Compelling the payment of damages;

5. Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used largely for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution or use does not affect the exploitation of rights by intellectual property right holders.

Article 203.- Right and burden of proof of involved parties

1. The plaintiff and the defendant in a lawsuit against intellectual property right infringement shall enjoy the right and bear the burden of proof provided for in Article 79 of the Civil Procedure Code and this Article.

2. The plaintiff shall prove that he/she is the intellectual property right holder with one of the following evidence:

a/ Copies of the copyright registration certificate, related right registration certificate or protection title; or an extract of the national register of copyright and related rights, the national register of industrial property or the national register of protected plant varieties;

b/ Necessary evidence proving the basis for establishment of copyright or related rights in case of absence of a copyright registration certificate, related right registration certificate; necessary evidence proving rights to business secrets, trade names or well- known marks;

c/ Copies of license contracts for intellectual property objects where the use right is licensed under contracts.

3. The plaintiff shall have to produce evidence of acts of infringing upon intellectual property rights or acts of unfair competition.

4. In a lawsuit against an infringement of the right to an invention which is a production process, the defendant shall have to prove that his/her products are produced by a process other than the protected process in the following cases:

a/ The product made by the protected process is new;

b/ The product made by the protected process is not new, but the invention owner believes that the product of the defendant is made by the protected process and fails to identify the process used by the defendant in spite of application of appropriate measures.

5. Where a party to a lawsuit against an infringement of intellectual property rights can prove that appropriate evidence proving his/her claims is under the control of the other party and therefore inaccessible, the former shall have the right to request the court to compel the latter to produce such evidence.

6. When making a claim for compensation for damage, the plaintiff must prove his/her actual damage and specify the basis for determining compensation for damage according to the provisions of Article 205 of this Law.

Article 204.- Principles of determination of damage caused by infringements of intellectual property rights

1. Damage caused by acts of infringing upon industrial property rights include:

a/ Material damage, including property losses, decreases in income and profit, loss of business opportunities, reasonable expenses for prevention and remedying of such damage;

b/ Spiritual damage, including damage to honor, dignity, prestige, reputation and other spiritual losses caused to authors of literary, artistic and scientific works; to performers; to authors of inventions, industrial designs, layout-designs; and breeders of plant varieties.

2. The extent of damage shall be determined on the basis of actual losses suffered by intellectual property right holders due to acts of infringing upon intellectual property rights.

Article 205.- Bases for determination of compensations for damage caused by infringements of intellectual property rights

1. Where the plaintiff can prove that an act of infringing upon intellectual property rights has caused material damage to him/her, he/she shall have the right to request the court to decide on the compensation level on one of the following bases:

a/ Total material damage calculated in an amount of money plus profit gained by the defendant as a result of an act of infringing upon intellectual property rights where the reduced profit amount of the plaintiff has not yet been calculated into such total material damage;

b/ The price of the licensing of an intellectual property object with the presumption that the defendant has been licensed by the plaintiff to use that object under a license contract within a scope corresponding to the committed infringing act;

c/ Where it is impossible to determine the level of compensation for material damage on the bases specified at Points a and b of this Clause, such compensation level shall be set by the court, depending on the damage extent, but must not exceed VND 500 million.

2. Where the plaintiff can prove that an act of infringing upon intellectual property rights has caused spiritual damage to him/her, he/she shall have the right to request the court to decide on the compensation level ranging from VND 5 million to VND 50 million, depending on the damage extent.

3. In addition to the damage compensation defined in Clauses 1 and 2 of this Article, industrial property right holders shall also have the right to request the court to compel organizations or individuals that have committed acts of infringing upon industrial property rights to pay reasonable costs of hiring attorneys.

Article 206.- Right to request the court to apply provisional urgent measures

1. Upon or after the initiation of a lawsuit, an intellectual property right holder shall have the right to request the court to apply provisional measures in the following cases:

a/ There exists a danger of irreparable damage to such intellectual property right holder;

b/ Goods suspected of infringing upon intellectual property rights or evidence related to the act of infringing upon industrial property rights are likely to be dispersed or destroyed unless they are protected in time.

2. The court shall decide to apply provisional urgent measures at the request of the industrial property right holder defined in Clause 1 of this Article before listening to the party subject to such measures.

Article 207.- Provisional urgent measures

1. The following provisional urgent measures shall be applied to goods suspected of infringing upon intellectual property rights or to raw materials, materials or means of production or trading of such goods:

a/ Seizure;

b/ Distraint;

c/ Sealing; ban from alteration of original state; ban from movement;

d/ Ban from ownership transfer.

2. Other provisional urgent measures shall be applied according to the provisions of the Civil Procedure Code.

Article 208.- Obligations of persons requesting the application of provisional urgent measures

1. Persons requesting the application of provisional urgent measures are obliged to prove their right to request provided for in Clause 1, Article 206 of this Law with documents and evidence specified in Clause 2, Article 203 of this Law.

2. Persons requesting the application of provisional urgent measures are obliged to pay compensations for damage caused to persons subject to such measures in cases where the latter are found having not infringed upon industrial property rights. To secure the performance of this obligation, a person requesting the application of provisional urgent measures shall have to deposit a security in one of the following forms:

a/ A sum of money equal to 20% of the value of the goods subject to the application of provisional urgent measures, or at least VND 20 million where it is impossible to value such goods;

b/ A guarantee deed issued by a bank or another credit institution.

Article 209.- Cancellation of the application of provisional urgent measures

1. The court shall issue decisions on cancellation of provisional urgent measures already applied in the cases specified in Clause 1, Article 122 of the Civil Procedure Code or in cases where the provisional urgent measure debtor can prove that the application of provisional urgent measures is not well grounded.

2. In case of cancellation of a provisional urgent measure, the court shall consider the refund to the person requesting the application of such provisional urgent measure of the security defined in Clause 2, Article 208 of this Law. Where a request for the application of a provisional urgent measure is not well grounded, thus causing damage to the provisional urgent measure debtor, the court shall compel the requester to pay compensation for the damage.

Article 210.- Competence and procedures for application of provisional urgent measures

Competence and procedures for application of provisional urgent measures shall comply with the provisions of Chapter VIII, Part One of the Civil Procedure Code.

CHAPTER XVIII. HANDLING OF INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS WITH ADMINISTRATIVE AND CRIMINAL REMEDIES; CONTROL OF INTELLECTUAL PROPERTY-RELATED IMPORTS AND/OR EXPORTS

SECTION 1. HANDLING OF INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS WITH ADMINISTRATIVE AND CRIMINAL REMEDIES

Article 211.- Acts of infringing upon industrial property rights which shall be administratively sanctioned

1. The following acts of infringing upon industrial property rights shall be administratively sanctioned:

a/ Committing an act of infringing upon intellectual property rights which causes damage to consumers or society;

b/ Failing to terminate an act of infringing upon intellectual property rights though the intellectual property right holder has issued a written notice requesting the termination of such act;

c/ Producing, importing, transporting or trading in intellectual property counterfeit goods defined in Article 213 of this Law or assigning others to do so;

d/ Producing, importing, transporting or trading in articles bearing a mark or a geographical indication that is identical or confusingly similar to a protected mark or geographical indication or assigning others to do so.

2. The Government shall specify acts of infringing upon intellectual property rights which shall be administratively sanctioned, sanctioning forms and levels, and procedures for sanctioning such acts.

3. Organizations and individuals that commit acts of unfair competition in intellectual property shall be sanctioned for administrative violations according to the provisions of competition law.

Article 212.- Acts of infringing upon industrial property rights which shall be criminally handled

Individuals who commit acts of infringing upon intellectual property rights involving elements which constitute a crime shall be examined for penal liability according to the provisions of criminal law.

Article 213.- Intellectual property counterfeit goods

1. Intellectual property counterfeit goods referred to in this Law include goods bearing counterfeit marks and goods bearing counterfeit geographical indications (hereinafter referred to as counterfeit mark goods) defined in Clause 2 of this Article and pirated goods defined in Clause 3 of this Article.

2. Counterfeit mark goods are goods or their packages bearing marks or signs which are identical with or indistinguishable from marks or geographical indications currently protected for those very goods without permission of mark owners or organizations managing such geographical indications.

3. Pirated goods are copies made without the permission of copyright holders or related right holders.

Article 214.- Forms of administrative sanctions and consequence remedies

1. Organizations and individuals that commit acts of infringing upon intellectual property rights defined in Clause 1, Article 211 of this Law shall be compelled to terminate their infringing acts and subject to one of the following principal sanctions:

a/ Caution;

b/ Monetary fine.

2. Depending on the nature and seriousness of their infringements, intellectual property rights-infringing organizations or individuals shall also be subject to one of the following additional sanctions:

a/ Confiscation of intellectual property counterfeit goods, raw materials, materials and means used mainly for production or trading of such intellectual property counterfeit goods;

b/ Suspension of business activities in domains where infringements have been committed for a definite time.

3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, intellectual property rights-infringing organizations and individuals shall also be subject to one or several of the following consequence remedies:

a/ Compelled destruction or distribution or use for non-commercial purposes of intellectual property counterfeit goods as well as raw materials, materials and means used mainly for production or trading of such intellectual property counterfeit goods, provided that such destruction, distribution or use does not affect the exploitation of rights by intellectual property right holders;

b/ Compelled transportation out of the Vietnamese territory of transit goods infringing upon intellectual property rights or compelled re-export of intellectual property counterfeit goods, as well as imported means, raw materials and materials used mainly for production or trading of such intellectual property counterfeit goods, after infringing elements are removed from such goods.

4. The level of monetary fine specified at Point b, Clause 1 of this Article shall be set at least equal to the value of detected infringing goods but must not exceed five times such value.

The Government shall specify method of determination of value of infringing goods.

Article 215.- Preventive measures to secure the administrative sanctioning

1. In the following cases, organizations and individuals shall have the right to request competent agencies to apply preventive measures to secure the administrative sanctioning specified in Clause 2 of this Article:

a/ Acts of infringing upon intellectual property rights are likely to cause serious damage to consumers or society;

b/ Infringement material evidence is likely to be dispersed or infringing individuals or organizations show signs of shirking their liabilities;

c/ To secure the enforcement of decisions on sanctioning of administrative violations.

2. Preventive measures to secure the administrative sanctioning applied according to administrative procedures to acts of infringing upon intellectual property rights include:

a/ Temporary custody of persons;

b/ Temporary custody of infringing goods, material evidence and means;

c/ Body search;

d/ Search of means of transport and objects; search of places where infringing goods, material evidence and means are hidden;

e/ Other administrative preventive measures according to the provisions of law on handling of administrative violations.

SECTION 2. CONTROL OF INTELLECTUAL PROPERTY-RELATED IMPORTS AND/OR EXPORTS

Article 216.- Measures to control intellectual property-related imports and/or exports

1. Measures to control intellectual property-related imports and exports include:

a/ Suspension of customs procedures for goods suspected of infringing upon intellectual property rights;

b/ Inspection and supervision to detect goods showing signs of intellectual property right infringement.

2. Suspension of customs procedures for goods suspected of infringing upon intellectual property rights means a measure taken at the request of intellectual property right holders in order to collect information and evidence on goods lots in question so that the intellectual property right holders can exercise the right to request the handling of infringing acts and request the application of provisional urgent measures or preventive measures to secure the administrative sanctioning.

3. Inspection and supervision to detect goods showing signs of infringement of intellectual property rights means a measure taken at the request of intellectual property right holders in order to collect information so that they can exercise the right to request the suspension of customs procedures.

4. In the course of application of the measures specified in Clauses 2 and 3 of this Article, if any intellectual property counterfeit goods are detected according to Article 213 of this Law, customs offices shall have the right and responsibility to apply administrative remedies to handle them according to the provisions of Article 214 and Article 215 of this Law.

Article 217.- Obligations of persons requesting the application of measures to control intellectual property-related imports and/or exports

1. Persons requesting the application of measure to control intellectual property-related imports and/or exports shall have the following obligations:

a/ To prove that they are intellectual property right holders by producing documents and evidence specified in Clause 2, Article 203 of this Law;

b/ To supply information sufficient to identify goods suspected of infringing upon intellectual property rights or to detect goods showing signs of intellectual property rights infringement;

c/ To file written requests to customs offices and pay fees and charges prescribed by law;

d/ To pay damages and other expenses incurred to persons subject to control measures in cases where the controlled goods are found having not infringed upon industrial property rights.

2. To secure the performance of the obligations specified at Point d, Clause 1 of this Article, a person requesting the application of the measure of suspension of customs procedures shall have to deposit a security in one of the following forms:

a/ A sum of money equal to 20% of the value of the goods lot subject to the application of the measure of suspension of customs procedures, or at least VND 20 million where it is impossible to value such goods lot;

b/ A guarantee deed issued by a bank or another credit institution.

Article 218.- Procedures for application of the measure of suspension of customs procedures

1. When persons requesting the suspension of customs procedures have fulfilled their obligations specified in Article 217 of this Law, customs offices shall issue decisions on suspension of customs procedures with regard to goods lots in question.

2. The duration of suspension of customs procedures shall be 10 working days from the date of issuance of the suspension decision. Where the customs procedure suspension requester has justifiable reasons, this duration may be prolonged but must not exceed 20 working days, provided that the requester deposits the security specified in Clause 2, Article 217 of this Law.

3. Upon the expiration of the duration specified in Clause 2 of this Article, if persons requesting the suspension of customs procedures do not initiate civil lawsuits and customs offices do not decide to accept the cases for handling of administrative violations of the goods lot exporters or importers according to administrative procedures, customs offices shall have the following responsibilities:

a/ To continue carrying out customs procedures for such goods lots;

b/ To compel persons requesting the suspension of customs procedures to compensate all the damage caused to the goods lot owners due to unreasonable requests for the suspension of customs procedures, and to pay expenses for warehousing and preservation of goods as well as other expenses incurred by customs offices and other related agencies, organizations and individuals according to the provisions of law on customs;

c/ To refund to persons requesting the suspension of customs procedures the remaining security amount after the obligation of paying compensations and expenses specified at Point b of this Clause is fulfilled.

Article 219.- Inspection and supervision to detect goods showing signs of intellectual property right infringement

Where an intellectual property right holder requests the inspection and supervision to detect goods showing signs of intellectual property right infringement, the customs office shall, when detecting such a goods lot, promptly notify the requester thereof. Within three working days from the date of notification, if such requester does not request the suspension of customs procedures with regard to the detected goods lot and the customs office does not decide to consider the application of the administrative remedies specified in Articles 214 and 215 of this Law, the customs office shall have to continue carrying out customs procedures for such goods lot.

PART SIX. IMPLEMENTATION PROVISIONS

Article 220.- Transitional provisions

1. Copyright and related rights protected under the legal documents effective before the effective date of this Law shall continue to be protected under this Law if they remain in term of protection on that date.

2. Applications for registration of copyright, related rights, inventions, utility solutions, industrial designs, trademarks, appellations of origin of goods, layout-designs or plant varieties, which have been filed with competent agencies before the effective date of this Law, shall continue to be processed according to the provisions of the legal documents effective at the time of filing of such applications.

3. All rights and obligations conferred by protection titles granted according to the provisions of law effective before the effective date of this Law and procedures for maintenance, renewal, modification, licensing, ownership assignment, settlement of disputes relating to these protection titles shall be subject to the provisions of this Law, except for the grounds for invalidation of protection titles which shall only be subject to the provisions of legal documents effective at the time of grant of such protection titles.

4. Trade secrets and trade names which have been existing and protected under the Government’s Decree No. 54/2000/ND-CP of October 3, 2000, on the protection of industrial property rights to trade secrets, geographical indications, trade names and the protection of rights against industrial property-related unfair competition shall continue to be protected under this Law.

5. From the effective date of this Law, geographical indications, including those protected under the Decree mentioned in Clause 4 of this Article, shall only be protected after their registration according to the provisions of this Law.

Article 221.- Implementation effect

This Law takes effect as from July 1, 2006.

Article 222.- Implementation guidance

The Government and the Supreme People’s Court shall detail and guide the implementation of this Law.

This Law was passed on November 29, 2005, by the XIth National Assembly of the Socialist Republic of Vietnam at its 8th session.

2/4. LAW 36/2009/QH12 (AMENDING LAW 50/2005/QH11 ON INTELLECTUALLTUAL PROPERTY)

LAW No. 36/2009/QH12

June 19, 2009

Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property.

Article 1. To amend and supplement a number of articles of the Law on Intellectual Property:

1. To amend and supplement Article 3 as follows:

Article 3. Subject matters of intellectual property rights

1. Subject matters of copyright include literary, artistic and scientific works; subject matters of copyright-related rights include performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.

2. Subject matters of industrial property rights include inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.

3. Subject matters of rights to plant varieties include reproductive and harvested materials.”

2. To amend and supplement Article 4 as follows:

Article 4. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Intellectual property rights means rights of organizations and individuals to intellectual assets, including copyright and copyright-related rights, industrial property rights and rights to plant varieties.

 2. Copyright means rights of organizations and individuals to works they have created or own.

3. Copyright-related rights (below referred to as related rights) means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.

4. Industrial property rights means rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition.

5. Rights to plant varieties means rights of organizations and individuals to new plant varieties they have selected, created or discovered and developed, or own.

6. Intellectual property right holder means an owner of intellectual property rights or an organization or individual that is assigned intellectual property rights by the owner.

7. Work means a creation of the mind in the literary, artistic or scientific domain, whatever may be the mode or form of its expression.

8. Derivative work means a work which is translated from one language into another, adapted, modified, transformed, compiled, annotated or selected.

9. Published work, phonogram or video recording means a work, phonogram or video recording which has been made available in a reasonable quantity of copies to the public with the permission of the copyright holder or related right holder.

10. Reproduction means the making of one or many copies of a work or a phonogram or video recording by whatever mode or in whatever form, including the backup of the work in electronic form.

11. Broadcasting means the transmission of the sound or image or both of a work, a performance, a phonogram, a video recording or a broadcast to the public by wire or wireless means, including satellite transmission, in such a way that members of the public may access that work from a place and at a time they themselves select.

12. Invention means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.  

13. Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.

14. Semiconductor integrated circuit means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections, are integrally formed in or on a piece of semiconductor material and which is intended to perform an electronic function. Integrated circuit is synonymous to IC, chip and microelectronic circuit.

15. Layout-design of semiconductor integrated circuit (below referred to as layout-design) means a three-dimensional disposition of circuit elements and their interconnections in a semiconductor integrated circuit.

16. Mark means any sign used to distinguish goods or services of different organizations or individuals.

17. Collective mark means a mark used to distinguish goods or services of members from those of non-members of an organization which is the owner of such mark.

18. Certification mark means a mark which is authorized by its owner to be used by another organization or individual on the latter’s goods or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.

19. Integrated mark means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.

20. Well-known mark means a mark widely known by consumers throughout the Vietnamese territory.

21. Trade name means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.

A business area mentioned in this Clause means a geographical area where a business entity has its partners, customers or earns its reputation.

22. Geographical indication means a sign which identifies a product as originating from a specific region, locality, territory or country.            

23. Trade secret means information obtained from financial or intellectual investment activities, which has not yet been disclosed and can be used in business.

24. Plant variety means a plant grouping within a single botanical taxonomy of the lowest known rank, which is morphologically uniform and suitable for being propagated unchanged, and can be defined by the expression of phenotypes resulting from a genotype or a combination of given genotypes, and distinguished from any other plant grouping by the expression of at least one inheritable phenotype.

25. Protection title means a document granted by a competent state agency to an organization or individual in order to establish industrial property rights to an invention, industrial design, layout-design, trademark or geographical indication; or rights to a plant variety.

26. Reproductive material means a plant or a part thereof capable of growing into a new plant for use in reproduction or cultivation.

27. Harvested material means a plant or a part thereof obtained from the cultivation of a reproductive material.”

3. To amend and supplement Article 7 as follows:  

Article 7. Limitations on intellectual property rights

1. Intellectual property right holders may only exercise their rights within the scope and term of protection provided for in this Law.

2. The exercise of intellectual property rights must neither prejudice the State’s interests, public interests, legitimate rights and interests of other organizations and individuals, nor violate other relevant provisions of law.

3. In the circumstances where the achievement of defense, security, people’s livelihood objectives and other interests of the State and society specified in this Law needs to be guaranteed, the State may prohibit or restrict the exercise of intellectual property rights by the holders or compel the licensing by the holders of one or several of their rights to other organizations or individuals under appropriate terms. The limitation on rights to inventions classified as state secrets complies with regulations of the Government.”

4. To amend and supplement Article 8 as follows:

Article 8. The State’s intellectual property policies    

1. To recognize and protect intellectual property rights of organizations and individuals on the basis of harmonizing benefits of intellectual property rights holders and public interests; not to protect intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.

2. To encourage and promote the creation and utilization of intellectual assets in order to contribute to socio-economic development and improvement of the people’s material and spiritual life.

3. To provide financial supports for the receipt and exploitation of assigned intellectual property rights in public interests; to encourage organizations and individuals at home or abroad to provide financial aid for creative activities and the protection of intellectual property rights.

4. To prioritize investment in training and retraining the contingent of cadres, civil servants, public employees and other relevant subjects engaged in the protection of intellectual property rights and the research into and application of sciences and technologies to the protection of intellectual property rights.

5. To mobilize social resources for investment in raising the capacity of the system to protect intellectual property rights, thereby meeting requirements of socio-economic development and international economic integration.”

5. To amend and supplement Article 14 as follows:

Article 14. Types of works eligible for copyright protection

1. Literary, artistic and scientific works eligible for copyright protection include:

a/ Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters;

b/ Lectures, addresses and other sermons;

c/ Press works;

d/ Musical works;

e/ Dramatic works;

f/ Cinematographic works and works created by a process analogous to cinematography (below collectively referred to as cinematographic works);

g/ Plastic-art works and works of applied art;

h/ Photographic works;

i/ Architectural works;

j/ Sketches, plans, maps and drawings related to topography, architecture or scientific works;

k/ Folklore and folk art works of folk culture;

l/ Computer programs and data compilations.

2. Derivative works shall be protected under Clause 1 of this Article only if it is not prejudicial to the copyright to works used to create these derivative works.

3. Protected works defined in Clauses 1 and 2 of this Article must be created personally by authors through their intellectual labor without copying others’ works.

4. The Government shall guide in detail the types of works specified in Clause 1 of this Article.”

6. To amend and supplement Article 25 as follows:

Article 25. Cases of use of published works in which permission and payment of royalties or remunerations are not required

1. Cases of use of published works in which permission or payment of royalties or remunerations is not required include:

a/ Duplication of works for personal scientific research or teaching purpose;

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

c/ Recitation of works without misrepresenting the authors’ views in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries;

d/ Recitation of works in schools for lecturing purpose without misrepresenting the authors’ views and not for commercial purpose;

e/ Reprographic reproduction of works by libraries for archival and research purpose;

f/ Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form;

g/ Audiovisual recording of performances for the purpose of reporting current events or for teaching purpose;

h/ Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works;

i/ Transcription of works into Braille or characters of other languages for the blind;

j/ Importation of copies of others’ works for personal use.

2. Organizations and individuals that use works defined in Clause 1 of this Article may neither affect the normal utilization of these works nor prejudice the rights of the authors or copyright holders; and shall indicate the authors’ names, and sources and origins of these works.

3. The provisions of Points a and e, Clause 1 of this Article are not applicable to architectural works, plastic works and computer programs.”

7. To amend and supplement Article 26 as follows:

Article 26. Cases of use of published works in which permission is not required but the payment of royalties or remunerations is required

1. Broadcasting organizations that use published works in making their broadcasts, which are sponsored, advertised or charged in whatever form, are not required to obtain permission but have to pay royalties or remunerations to copyright holders from the date of use. Levels of royalties, remunerations or other material benefits and modes of payment shall be agreed upon by involved parties. If no agreement is reached, involved parties shall comply with regulations of the Government or institute lawsuits at court under law.

Broadcasting organizations that use published works in making their broadcasts, which are not sponsored, advertised or charged in whatever form, are not required to obtain permission but have to pay royalties or remunerations to copyright holders from the date of use under regulations of the Government.

2. Organizations and individuals that use works under Clause 1 of this Article must neither affect the normal utilization of these works nor prejudice the rights of the authors or copyright holders; and shall indicate the authors’ names, and sources and origins of the works.

3. The use of works in the cases specified in Clause 1 of this Article does not apply to cinematographic works.”

8. To amend and supplement Article 27 as follows:

Article 27. Term of copyright protection

1. The moral rights provided for in Clauses 1, 2 and 4, Article 19 of this Law shall be protected for an indefinite term.

2. The moral rights provided for in Clause 3, Article 19 and the economic rights provided for in Article 20 of this Law enjoy the following term of protection:

a/ Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of seventy five years from the date of first publication. For cinematographic works, photographic works and works of applied art which remain unpublished within twenty five years from the date of fixation, the term of protection is one hundred years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated under Point b of this Clause.

b/ A work not specified at Point a of this Clause is protected for the whole life of the author and for fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author;

c/ The term of protection specified at Points a and b of this Clause expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term.”

9. To amend and supplement Article 30 as follows:

Article 30. Rights of producers of phonograms and video recordings

1. Producers of phonograms and video recordings have the exclusive right to exercise or authorize others to exercise the following rights:

a/ To directly or indirectly reproduce their phonograms and video recordings;

b/ To import and distribute to the public their original phonograms and video recordings and copies thereof by sale, rent or distribution by whatever technical means accessible by the public.

2. Producers of phonograms and video recordings will enjoy material benefits when their phonograms and video recordings are distributed to the public.”

10. To amend and supplement Article 33 as follows:

Article 33.Cases of use of related rights in which permission is not required but payment of royalties or remunerations is required

1. Organizations and individuals that directly or indirectly use phonograms or video recordings already published for commercial purposes in making their broadcasts, which are sponsored, advertised or charged in whatever form, are not required to obtain permission but have to pay agreed royalties or remunerations to authors, copyright holders, performers or producers of phonograms or video recordings, or broadcasting organizations from the date of use. In case no agreement is reached, they shall comply with regulations of the Government or institute lawsuits at court under law.

Organizations and individuals that directly or indirectly use phonograms or video recordings already published for commercial purposes in making their broadcasts, which are not sponsored, advertised or charged in whatever form, are not required to obtain permission but have to pay agreed royalties or remunerations to authors, copyright holders, performers or producers of phonograms or video recordings, or broadcasting organizations from the date of use under regulations of the Government.

2. Organizations and individuals that use phonograms or video recordings already published in their business or commercial activities are not required to obtain permission but have to pay agreed royalties or remunerations to authors, copyright holders, performers or producers of phonograms or video recordings, or broadcasting organizations from the date of use. In case no agreement is reached, they shall comply with regulations of the Government or institute lawsuits at court under law.

3. Organizations and individuals that use the rights provided for in Clauses 1 and 2 of this Article must neither affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor prejudice the rights of performers, producers of phonograms and video recordings, and broadcasting organizations.”

11. To amend and supplement Article 41 as follows:

Article 41.Copyright holders being right assignees

1. Organizations and individuals that are assigned one, several or all of the rights specified in Article 20 and Clause 3, Article 19 of this Law under contracts are copyright holders.

2. Organizations and individuals that are managing anonymous works enjoy rights of owners until the names of authors of these works are identified.”

12. To amend and supplement Article 42 as follows:

Article 42.Copyright holders being the State

1. The State is the holder of copyright to the following works:

a/ Anonymous works, except those specified in Clause 2, Article 41 of this Law;

b/ Works of which terms of protection have not expired but their copyright holders die without heirs, their heirs renounce succession or are deprived of the right to succession.

c/ Works over which the ownership right has been assigned by their copyright holders to the State.

2. The Government shall specify the use of works under state ownership.”

13. To amend and supplement Article 87 as follows:

Article 87.Right to register marks

1. Organizations and individuals may register marks to be used for goods they produce or services they provide.

2. Organizations and individuals that conduct lawful commercial activities may register marks for products they are marketing but produced by others, provided that the producers neither use such marks for their products nor object to such registration.

3. Lawfully established collective organizations may register collective marks to be used by their members under regulations on use of collective marks. For signs indicating geographical origins of goods or services, organizations that may register them are collective organizations of organizations or individuals engaged in production or trading in relevant localities. For other geographical names or signs indicating geographical origins of local specialties of Vietnam, the registration must be permitted by competent state agencies.

4. Organizations with the function of controlling and certifying the quality, properties, origin or other relevant criteria of goods or services may register certification marks, provided that they are not engaged in the production or trading of these goods or services. For other geographical names or signs indicating geographical origins of local specialties of Vietnam, the registration thereof must be permitted by a competent state agency.

5. Two or more organizations or individuals may jointly register a mark in order to become its co-owners on the following conditions:

a/ This mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners;

b/ The use of this mark causes no confusion to consumers as to the origin of goods or services.

6. Persons having the registration right defined in Clauses 1, 2, 3, 4 and 5 of this Article, including those having filed registration applications, may assign the registration right to other organizations or individuals in the form of written contracts, bequeathal or inheritance under law, provided that the assigned organizations or individuals satisfy the relevant conditions on the persons having the registration right.

7. For a mark protected in a country being a contracting party to a treaty which prohibits the representative or agent of a mark owner to register such mark and to which the Socialist Republic of Vietnam is also a contracting party, this representative or agent is not permitted to register the mark unless it is so agreed by the mark owner, unless a justifiable reason is available.”

14. To amend and supplement Article 90 as follows:

Article 90.The first-to-file principle

1. In case many applications are filed for registration of the same invention or similar inventions, or for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.

2. In case there are many applications filed by different persons for registration of identical or confusingly similar marks for identical or similar products or services, or in case there are many applications filed by the same person for registration of identical marks for identical products or services, the protection title may only be granted for the mark in the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.

3. In case there are many registration applications specified in Clauses 1 and 2 of this Article and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.”

15. To amend and supplement Article 119 as follows:

Article 119.Time limit for processing industrial property registration applications

1. An industrial property registration application will have its form examined within one month from the filing date.

2. An industrial property registration application shall be substantively examined within the following time limits:

a/ For an invention, eighteen months from the date of its publication if a request for substantive examination is filed before the date of application publication, or from the date of receipt of a request for substantive examination if such request is filed after the date of application publication;

b/ For a mark, nine months from the date of application publication;

c/ For an industrial design, seven months from the date of application publication;

d/ For a geographical indication, six months from the date of application publication.

3. The time limit for re-examination of an industrial property registration application is equal to two-thirds of the time limit for the initial examination and may, in complicated cases, be prolonged but must not exceed the time limit for the initial examination.

4. The duration for modification or supplementation of applications by applicants will not be counted into the time limit specified in Clause 1, 2 or 3 of this Article. The time limit for processing requests for modification or supplementation of applications must not exceed one-third of the corresponding time limit specified in Clause 1 or 2 of this Article.”

16. To amend and supplement Article 134 as follows:

Article 134.Right of prior use of inventions and industrial designs

1. In case a person has, before the filing date or priority date (if any) of an invention or industrial design registration application, used or prepared necessary conditions for using an invention or industrial design identical with the protected invention or industrial design stated in that registration application but created independently (below referred to as prior use right holder), then after a protection title is granted, he/she may continue using such invention or industrial design within the scope and volume of use or use preparations without having to obtain permission of or paying compensations to the owner of the protected invention or industrial design. The exercise of the right of prior users of inventions or industrial designs is not regarded as an infringement upon the right of invention or industrial design owners.

2. Holders of prior use right to inventions or industrial designs may not assign such right to others, unless that right is assigned together with the transfer of business or production establishments which have used or are prepared to use the inventions or industrial designs. Prior use right holders may not expand the use scope and volume unless it is so permitted by invention or industrial design owners.”

17. To amend and supplement Article 154 as follows:

Article 154.Conditions for industrial property representation service business

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.”

18. To amend and supplement Article 157 as follows:

Article 157. Organizations and individuals that have rights to plant varieties protected

1. Organizations and individuals that have rights to plant varieties protected are those that select and breed or discover and develop plant varieties or invest in the selection and breeding or the discovery and development of plant varieties or are transferred rights to plant varieties.

2. Organizations and individuals defined in Clause 1 of this Article include Vietnamese organizations and individuals; organizations and individuals of foreign countries which have concluded with the Socialist Republic of Vietnam agreements on the protection of plant varieties; foreign organizations and individuals that have permanent offices or residences in Vietnam or have establishments producing or trading in plant varieties in Vietnam; foreign organizations and individuals that have permanent offices or residences or establishments producing or trading in plant varieties in countries which have concluded with the Socialist Republic of Vietnam agreements on the protection of plant varieties.”

19. To amend and supplement Article 160 as follows:

Article 160.Distinctness of plant varieties

1. A plant variety will be considered distinct if it is clearly distinguishable from any other plant variety whose existence is a matter of common knowledge at the time of filing the application or the priority date, as the case may be.

2. Plant varieties whose existence is a matter of common knowledge defined in Clause 1 of this Article are those falling into one of the following cases:

a/ Their reproductive or harvested materials have been widely used in the market of any country at the time of filing of the protection registration application;

b/ They have been protected or registered in the list of plant varieties in any country;

c/ They are subject matters of protection registration applications or applications for registration in the list of plant varieties in any country, provided that these applications are not rejected.”

20. To amend and supplement Article 163 as follows:

Article 163. Denominations of plant varieties

1. The registrant shall designate with the state management agency in charge of rights to plant varieties a proper denomination for a plant variety which must be the same as the denomination already registered for protection in any country which has concluded with the Socialist Republic of Vietnam an agreement on the protection of plant varieties.

2. The denomination of a plant variety shall be considered proper if it is distinguishable from those of other plant varieties of common knowledge in the same or similar species.

3. Denominations of plant varieties shall be considered improper in the following cases:

a/ They consist of numerals only, unless such numerals are relevant to characteristics or the breeding of such varieties;

b/ They violate social ethics;

c/ They may easily cause misleading as to features or characteristics of such varieties;

d/ They may easily cause misleading as to identifications of the breeders;

e/ They are identical or confusingly similar to marks, trade names or geographical indications protected before the date of publication of protection registration applications of such plant varieties;

f/ They affect prior rights of other organizations or individuals.

4. Organizations and individuals that offer for sale or market reproductive materials of plant varieties shall use the denominations of such plant varieties as stated in their protection titles even after the expiration of the term of protection.

5. When denominations of plant varieties are combined with trademarks, trade names or indications similar to denominations of plant varieties already registered for sale offer or marketed, such denominations must still be distinguishable.”

21. To amend and supplement Article 165 as follows:

Article 165. Registration of rights to plant varieties

1. Organizations and individuals defined in Article 157 of this Law may file applications for registration of rights to plant varieties (below referred to as protection registration applications) directly or through their lawful representatives in Vietnam.

2. Organizations that satisfy the following conditions may provide services of representing rights to plant varieties in the capacity as rights-to-plant varieties representation service organizations:

a/ Being Vietnamese law-practicing businesses, cooperatives or organizations, scientific and technological service organizations which are lawfully established and operating, except foreign law-practicing organizations practicing in Vietnam;

b/ Having the function of providing rights-to-plant varieties representation services as stated in their business registration certificates or operation registration certificates (below collectively referred to as business registration certificates);

3. Heads of those organizations or persons authorized by heads of those organizations who satisfy the conditions specified in Clauses 4 and 5 of this Article may provide services of representing rights to plant varieties.

4. Individuals shall be allowed to provide services of representing rights to plant varieties when satisfying the following conditions:

a/ Possessing a rights-to-plant varieties representation service practice certificate;

b/ Working in a rights-to-plant varieties representation service organization.

5. Individuals who satisfy the following conditions will be granted rights-to-plant varieties representation service practice certificates:

a/ Being a Vietnamese citizen and having the full civil act capacity;

b/ Permanently residing in Vietnam;

c/ Possessing a university degree;

d/ Having personally conducted legal activities related to rights to plant varieties for five or more consecutive years, or personally examined various applications for registration of rights to plant varieties in a national or international office for rights to plant varieties for five or more consecutive years, or graduated from a training course on the law on rights to plant varieties as recognized by a competent agency;

e/ Being other than civil servants or public employees currently working in state agencies competent to establish and secure the enforcement of rights to plant varieties;

f/ Having passed an examination of the profession of representing rights to plant varieties, organized by a competent agency.

6. The Government shall specify lawful representatives for filing applications and rights-to-plant varieties representation service organizations.”

22. To amend and supplement Article 186 as follows:

Article 186.Rights of protection certificate holders

1. A protection certificate holder has the right to exercise or authorize others to exercise the following rights to reproductive materials of a protected plant variety:

a/ To conduct production or propagation;

b/ To process them for the purpose of propagation;

c/ To offer them for sale;

d/ To sell them or conduct other marketing activities;

e/ To export them;

f/ To import them;

g/ To store them for conducting acts specified at Points a, b, c, d, e and f of this Clause.

2. Rights of a plant variety protection title holder provided for in Clause 1 of this Article are applicable to materials harvested from the illegal use of reproductive materials of a protected plant variety, unless the protection title holder does not exercise his/her rights to reproductive materials though having an opportunity to do so. 

3. To prevent others from using the plant variety under Article 188 of this Law.

4. To pass by inheritance or bequeath or assign the rights to the plant variety under Chapter XV of this Law.”

23. To amend and supplement Article 187 as follows:

Article 187. Extension of rights of protection certificate holders

Rights of a protection certificate holder may be extended to the following plant varieties:

1. Plant varieties which originate mainly from the protected plant variety, unless such protected plant variety itself originates from another protected plant variety.

A plant variety is considered originating from a protected plant variety if such plant variety still retains the expression of the essential characteristics resulting from the genotype or combination of genotypes of the protected variety, except differences resulting from impacts on the protected variety;

2. Plant varieties which are not definitely distinct from the protected plant variety;

3. Plant varieties the production of which requires the repeated use of the protected plant variety.”

24. To supplement and supplement Article 190 as follows:

Article 190.Limitations on rights of plant variety protection certificate holders

1. The following acts are not regarded as infringements of rights to protected plant varieties:

a/ Using plant varieties for personal and non-commercial purposes;

b/ Using plant varieties for testing purposes;

c/ Using plant varieties to create new plant varieties, except the case specified in Article 187 of this Law;

d/ Using harvested materials of protected plant varieties by individual production households for self-propagation and cultivation in the next season on their own land areas.

2. Rights to plant varieties are not applicable to acts related to materials of protected plant varieties which have been sold or otherwise brought into the Vietnamese or foreign markets by protection certificate holders or their licensees, except the following acts:

a/ Acts relating to further propagation of such plant varieties;

b/ Acts relating to export of reproductive materials of such plant varieties to countries where the genera or species of such plant varieties are not protected, unless such materials are exported for consumption purpose.”

25. To amend and supplement Article 194 as follows:

Article 194. Assignment of rights to plant varieties

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 state management agency in charge of rights to plant varieties according to law-prescribed procedures.

2. In case rights to a plant variety are under joint ownership, the assignment of these rights to another person must be agreed upon by all co-owners.

3. The assignment of rights to a plant variety must be effected in the form of written contract. 

4. The assignment of rights to a plant variety created with state budget funds complies with the Law on Technology Transfer.”

26. To amend and supplement Article 201 as follows:

Article 201. Intellectual property assessment

 1. Intellectual property assessment means the use by organizations or individuals defined in Clauses 2 and 3 of this Article of their professional knowledge and expertise to assess and make conclusion on matters related to intellectual property rights.

2. Businesses, cooperatives, non-business units or law-practicing organizations, except foreign law-practicing organizations practicing in Vietnam which satisfy the following conditions may conduct intellectual property assessment:

a/ Having personnel and physical-technical foundations meeting law-prescribed requirements on assessment operations;

b/ Having the function of conducting intellectual property assessment as stated in their business registration certificates or operation registration certificates;

c/ Their heads or persons authorized by their heads possess intellectual property assessor cards.

3. Individuals who fully satisfy the following conditions may be granted intellectual property assessor cards by competent state agencies:

a/ Being a Vietnamese citizen and having full civil act capacity;

b/ Permanently residing in Vietnam;

c/ Possessing good ethical qualities;

d/ Possessing a university or higher degree in a profession relevant to domains in which an assessor card is applied for, having conducted professional activities in these domains for five or more years and passed a professional assessment examination.

4. State agencies competent to handle acts of infringing upon intellectual property rights may request intellectual property assessment when handling cases or matters they have accepted.

5. Intellectual property right holders and other related organizations and individuals may request intellectual property assessment to protect their legitimate rights and interests.

 6. The Government shall specify intellectual property assessment organization and activities.”

27. To amend and supplement Article 211 as follows:

Article 211. Intellectual property right infringements subject to administrative sanction

1. Organizations and individuals that commit any of the following acts of infringing upon intellectual property rights shall be administratively sanctioned:

a/ Infringing upon intellectual property rights which causes damage to authors, owners, consumers or society;

b/ Producing, importing, transporting or trading in intellectual property counterfeit goods defined in Article 213 of this Law or assigning others to do so;

c/ Producing, importing, transporting, trading in or storing stamps, labels or other articles bearing a counterfeit mark or geographical indication or assigning others to do so.

2. The Government shall specify acts of infringing upon intellectual property rights which shall be administratively sanctioned, sanctioning forms and levels, and sanctioning procedures.

3. Organizations and individuals that commit acts of unfair competition in intellectual property shall be administratively sanctioned under the competition law.”

28. To amend and supplement Article 214 as follows:

“Article 214. Forms ofadministrative sanction and remedies

1. Organizations and individuals that commit acts of infringing upon intellectual property rights defined in Clause 1, Article 211 of this Law shall be compelled to terminate their infringing acts and imposed one of the following principal sanctions:

a/ Caution;

b/ Fine.

2. Depending on the nature and seriousness of their infringements, intellectual property rights-infringing organizations or individuals are also subject to either of the following additional sanctions:

a/ Confiscation of intellectual property counterfeit goods, raw materials, materials and means used mainly for the production or trading of these intellectual property counterfeit goods;

b/ Suspension for a definite time of business activities in domains where infringements have been committed.

3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, intellectual property rights infringers are also subject to either or both of the following consequence remedies:

a/ Compelled destruction or distribution or use for non-commercial purposes of intellectual property counterfeit goods as well as raw materials, materials and means used mainly for the production or trading of these intellectual property counterfeit goods, provided that the destruction, distribution or use does not affect the exploitation of rights by intellectual property right holders;

b/ Compelled transportation out of Vietnamese territory of transit goods infringing upon intellectual property rights or compelled re-export of intellectual property counterfeit goods, as well as imported means, raw materials and materials used mainly for the production or trading of these intellectual property counterfeit goods, after infringing elements are removed from these goods.

4. Administrative sanctions and the competence to administratively sanction infringements upon intellectual property rights comply with the law on handling of administrative violations.”

29. To amend and supplement Article 218 as follows:

Article 218.Procedures for application of the measure of suspension of customs procedures

1. When persons requesting the suspension of customs procedures have fulfilled their obligations specified in Article 217 of this Law, customs offices shall issue decisions on suspension of customs procedures with regard to goods lots in question.

2. The duration of suspension of customs procedures is ten working days after the customs procedure suspension requester receives the customs office’s notice of customs procedures suspension. In case the customs procedure suspension requester has a justifiable reason, this duration may be prolonged but must not exceed twenty working days, provided that the requester deposits a security specified in Clause 2, Article 217 of this Law.

3. Upon the expiration of the duration specified in Clause 2 of this Article, if customs procedure suspension requesters do not institute civil lawsuits and customs offices decide not to accept the cases for handling of administrative violations of goods lot exporters or importers according to administrative procedures, customs offices have the following responsibilities:

a/ To continue carrying out customs procedures for goods lots in question;

b/ To compel customs procedure suspension requesters to compensate all the damage caused to goods lot owners due to their unreasonable requests, and pay expenses for the warehousing and preservation of goods as well as other expenses incurred by customs offices and other related agencies, organizations and individuals under the customs law;

c/ To refund to customs procedure suspension requesters the remaining security amount after the obligation of paying compensations and expenses specified at Point b of this Clause is fulfilled.”

30. To amend and supplement Article 220 as follows:

Article 220.Transitional provisions

1. Copyright and related rights protected under legal documents which took effect before the effective date of this Law continue to be protected under this Law if they remain in the term of protection by that date.

2. Applications for registration of copyright, related rights, inventions, utility solutions, industrial designs, trademarks, appellations of origin of goods, layout-designs or plant varieties, which have been filed with competent agencies before the effective date of this Law, continue to be processed under legal documents effective at the time of their filing.

3. All rights and obligations conferred by protection titles granted under the provisions of law which are effective before the effective date of this Law and procedures for maintenance, renewal, modification, invalidation, licensing, ownership assignment, settlement of disputes relating to these protection titles are governed by this Law, except grounds for invalidation of protection titles which are subject to the provisions of law which are effective at the time of grant of these protection titles. This provision also applies to decisions on registration of appellations of origin of goods issued under the provisions of law which are effective before the effective date of this Law. State management agencies in charge of industrial property rights shall carry out procedures for the grant of geographical indication registration certificates for appellations of origin of goods.

4. Trade secrets and trade names which have been existing and protected under the Government’s Decree No. 54/2000/ND-CP of October 3, 2000, on the protection of industrial property rights to trade secrets, geographical indications, trade names and the protection of the right to repression of industrial property-related unfair competition, continue to be protected under this Law.

5. From the effective date of this Law, geographical indications, including those protected under the Decree mentioned in Clause 4 of this Article, may only be protected after they are registered under this Law.”

Article 2.

To replace the phrase “Ministry of Culture and Information” with the phrase “Ministry of Culture, Sports and Tourism” in Clauses 2, 3 and 5, Article 11; Point a, Clause 2, Article 50; and Clause 4, Article 51 of Law No. 50/2005/QH11 on Intellectual Property.

Article 3.

1. This Law takes effect on January 1, 2010.

2. The Government shall detail and guide the implementation of articles and clauses of this Law assigned to it, and guide other necessary contents of this Law to meet state management requirements.  

This Law was passed on June 19, 2009, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 5th session.

3/4. LAW 42/2019/QH14 (AMENDING LAW 50/2005/QH11 ON INTELLECTUAL PROPERTY)

LAW 42/2019/QH14

June 14, 2019

AMENDMENTS TO SOME ARTICLES OF LAW ON INSURANCE BUSINESS AND LAW ON INTELLECTUAL PROPERTY

Pursuant to Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgated Law on amendments to some articles of Law on Insurance Business No. 24/2000 / QH10 amended to some articles in accordance with Law No. 61/2010 / QH12 and Law on Intellectual Property No. 50/2005 / QH11 amended to some articles in accordance with Law No. 36/2009 / QH12.

Article 1.

[…]

Article 2. Amendments to Law on Intellectual Property

1. Amendments to Point a, Clause 3 of Article 6:

a) Industrial property rights to inventions, industrial designs, layout designs and trademarks shall be established on the basis of decisions of the competent state agency on the grant of a protection title according to the registration procedures stipulated in this Law or the recognition of international registration under treaties to which the Socialist Republic of Vietnam is a contracting party.

For a well-known mark, industrial property rights shall be established on the basis of use process, not subject to any registration procedures.

Industrial property rights to geographical indications shall be established  on the basis of decisions of the competent state agency on the grant of a protection title according to the registration procedures stipulated in this Law or the recognition of international registration under treaties to which the Socialist Republic of Vietnam is a contracting party.

2. Amendments to Clause 3 and addition of Clause 4 after Clause 3 of Article 60:

“3. An invention shall not be considered having lost its novelty if it is published by the person having the right to register specified in Article 86 of this Law or the person who obtained information about the invention directly or indirectly from that person under the condition that the patent application is submitted in Vietnam within 12 months from the date of disclosure.

4. The provisions of Clause 3 of this Article shall also be applied to any invention published in an industrial property application or industrial property certificate published by state management authority on industrial property rights in case the publication is inconsistent with laws and regulations or the application is submitted by a person not having the right to register.

3. Amendments to Article 61:

“Article 61. Inventive step of the invention

1. An invention shall be considered involving an inventive step if, based on technical solutions already publicly disclosed through use or by means of a written description or any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the invention registration application, it constitutes an inventive progress and cannot be easily created by a person with average knowledge in the art.

2. A technical solution which is an invention disclosed in accordance with Clause 3 and 4, Article 60 of this Law which must not be used as a basis for evaluation of the inventive step of the said invention.”

4. Amendments to Article 80:

a) Amendments to Clause 1:

“1. Names and indications that have become generic name of goods according to the perception of relevant consumers in Vietnam;”

b) Amendments to Clause 3:

“3. Geographical indications identical with or similar to a protected mark or to a mark that is the subject of an application with earlier filing date or priority date, where the use of such geographical indications is likely to cause a confusion as to the origin of products ;”

5. Addition of Clause 3 after Clause 2 of Article 89:

“3. Applications for registration of industrial property rights shall be filed in paper form to the state management authority on industrial property rights or electronic form under the online filing system.”

6. Amendments to Section 4 of Chapter VIII:

“Section 4

INTERNATIONAL APPLICATIONS, INTERNATIONAL PROPOSALS AND PROCESSING OF INTERNATIONAL APPLICATIONS, INTERNATIONAL PROPOSALS”

7. Addition of Article 120a after Article 120 in Section 4 of Chapter VIII:

“Article 120a. International proposals and processing of international proposals on geographical indications

1. Proposals for recognition and protection of geographical indications in accordance with international agreement to which the Socialist Republic of Vietnam is negotiating, are referred to as international proposals.

2. The publication of international proposals and handling of third-party opinions, assessment of protection conditions of geographical indications which are the subject matters of  international proposals shall be conducted in compliance with the relevant provisions specified in this Law for geographical indications in geographical indication applications filed to the state management authority on industrial property rights.”

8. Amendments to Clause 2 of Article 136:

“2. Owners of marks are obliged to use such marks continuously.

Trademark use by a licensee under a trademark license agreement is also considered an act of using the trademark by the trademark holder.

Where a mark has not been used for 5 consecutive years or more, the ownership right to such mark shall be invalidated according to the provisions of Article 95 of this Law.”

9. Amendments to Article 148:

“Article 148. Validity of contracts for transfer of industrial property rights

1. For the industrial property rights established on the basis of registration according to the provisions of Point a, Clause 3, Article 6 of this Law, an industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights.

2. For the industrial property rights established on the basis of registration according to the provisions of Point a, Clause 3, Article 6 of this Law, an industrial property object license contract shall be valid as agreed upon by the involved parties.

3. Industrial property rights license agreements specified in Clause 2 of this Article, except for trademark license agreements, shall be registered with a state management authority on industrial property rights in order to be legally effective to third parties.

4. Validity of an industrial property object license contract shall be terminated ex-officio upon the termination of licensor’s industrial property rights.”

10. Addition of Clauses 4 and 5 after Clause 3 of Article 198:

“4. The defendant, including organization or individual, in a lawsuit over the infringement of intellectual property rights who is concluded by the court not to infringe a right by the Court is entitled to request the Court to order the plaintiff to award payment of reasonable costs of hiring attorneys or other expenses as provided for under related law.

5. In case an organization or individual abuses the procedures for enforcement of intellectual property right  that causes damage to another organization or individual, the organization and individual suffering from damage is entitled to request the Court to force the abusing party to compensate for the damages caused by the abuse, including reasonable costs of hiring attorneys. Acts of abusing intellectual property right enforcement  procedures include acts of intentionally exceeding the scope or objective of theses procedures.”

11. Amendments to Clause 1 of Article 205:

“1. Where the plaintiff can prove that an act of infringing upon intellectual property rights has caused material damage to him/her, he/she shall have the right to request the court to decide on the compensation level on one of the following bases:

a) Total material damage calculated in an amount of money plus profit gained by the defendant as a result of an act of infringing upon intellectual property rights where the reduced profit amount of the plaintiff has not yet been calculated into such total material damage;

b) The price of the licensing of an intellectual property object with the presumption that the defendant has been licensed by the plaintiff to use that object under a license contract within a scope corresponding to the committed infringing act;

c) Material damages valued by other legitimate measures submitted by the intellectual property right holder.

d) Where it is impossible to determine the level of compensation for material damage on the bases specified at Points a, b and c of this Clause, such compensation level shall be set by the court, depending on the damage extent, but shall not exceed VND 500 million.”

12. Amendments to Clause 1 of Article 218:

“1. When persons requesting the suspension of customs procedures have fulfilled their obligations specified in Article 217 of this Law, customs offices shall issue decisions on suspension.

 The customs authority shall inform the intellectual property rights holder with the name and address of shipper; exporter, consignee or importer; description of goods; quantity of goods; the country of origin of goods (if known), within 30 days of the issuance of decision to take administrative measures to handle counterfeit trademark goods and pirated copyright goods in accordance with Clause 4, Article 216 of this Law.”

Article 3. Effect

1. This Law takes effect from November 1, 2019, except for the case specified in Clause 4 of this Article.

2. Addition of section 32a after section 32, Appendix 4, List of Sectors and Trades Subject to Conditional Business Investment of the Law on Investment No. 67/2014 / QH13, which was amended in accordance with Law No. 90/2015 / QH13, Law No. 03/2016 / QH14, Law No. 04/2017 / QH14 and Law No. 28/2018 / QH14 as follows:

“32a. Insurance auxiliary services include insurance consulting, insurance risk assessment, actuarial analysis, insurance loss assessment and insurance claim assistance.

3. Insurance auxiliary services arising from insurance business activities shall be regulated by the Government and approved by the Standing Committee of the National Assembly before issuance.

4. Provisions on intellectual property rights in this Law take effect from January 14, 2019, applying to the followings:

a) Applications for industrial property rights submitted from January 14, 2019;

b) Requests for invalidation of patent, utility solution, geographical indication registration certificates granted on the basis of applications for industrial property rights submitted from January 14, 2019;

c) Requests for termination of trademark registration certificates submitted from January 14, 2019;

d) Lawsuits over infringement of intellectual property rights accepted by competent authorities from January 14, 2019; other requests relevant to intellectual property protection carried out from January 14, 2019.

Article 4. Transitional provisions

1. Within 01 year from the effective date of this Law, individuals and organizations that have been providing insurance auxiliary services before the effective date of this Law shall meet conditions on providing insurance auxiliary services according to regulations of this Law. Otherwise, they shall not continue to provide insurance auxiliary services until the conditions are fully met.

2. Patents and geographical indications applications submitted before January 14, 2019 continue to be processed in accordance with Law on Intellectual Property No. 50/2005/QH11, amended and supplemented by Law No. 36/2009/QH12.

3. Trademark license agreements signed between the parties but not yet being registered with state management authority on industrial property rights before January 14, 2019 are only valid for third party from January 14, 2019.

4. Unsolved lawsuits over infringement of intellectual property rights accepted by competent authorities before January 14, 2019 continue to be settled in accordance with Law on Intellectual Property No. 50/2005/QH11, amended and supplemented by Law No. 36/2009/QH12.

This Law was passed by the 14th National Assembly of the Socialist Republic of Vietnam at 7th session on June 14, 2019.

4/4. LAW 07/2022/QH15 (AMENDING LAW 50/2005/QH11 ON INTELLECTUAL PROPERTY)

LAW 07/2022/QH15

June 16, 2022

AMENDING AND SUPPLEMENTING A NUMBER OF THE LAW ON INTELLECTUAL PROPERTY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Amending and Supplementing a Number of the Law on Intellectual Property No. 50/2005/QH11, which had a number of articles amended and supplemented under the Law No. 36/2019/QH12 and the Law No. 42/2019/QH14.

Article 1. Amending and supplementing a number of articles of the Law on Intellectual Property

1. To amend and supplement number of Clauses of Article 4 as follows:

a) To amend and supplement Clauses 8, 9 and 10; add Clauses 10a, 10b, 10c and 10d after Clause 10; amend and supplement Clause 11 and add Clause 11a after Clause 11 as follows:

“8. Derivative work means a work created on the basis of one or more existing works through translation from one language into another, adaptation, compilation, annotation, selection, modification, transformation of music and other transformation.

9. Published work, phonogram or video recording means a work, phonogram or video recording which has been made available to the public with the permission of the copyright holder or related right holder in any form in a reasonable amount of copies.

10. Reproduction means the making of copies of the whole or part of a work or a phonogram or video recording by whatever mode or in whatever form.

10a. Royalties mean payments made for the creation or transfer of copyright or related rights over works, performances, phonograms, video recordings and broadcasts, including author payments and remunerations.

10b. Technological measure to protect rights means a measure to use any technique, technology, equipment or component during normal operation with the main function to protect copyright and related rights for acts without the permission of the copyright holders or related right holders.

10c. Effective technological measure means a technological measure to protect the rights in which the holders of copyright and related rights control the use of works, performances, phonograms, video recordings, broadcasts, encrypted program-carrying satellite signals through access control applications, protection procedures or copy control mechanisms.

10d. Right management information means identifying information about works, performances, phonograms, video recordings, broadcasts, encrypted program-carrying satellite signals; about authors, performers, copyright holders, related right holders and conditions for exploitation and use; numbers and codes showing the above information. Right management information shall be attached to a copy or appear concurrently with a work, performance, phonogram, video recording, or broadcast when the work, performance, phonogram, video recording, or broadcast is transmitted to the public.

11. Broadcasting means the transmission to the public by wireless means of sound or images or both sounds and images or sound or image reproductions or both audio and image reproductions of works, performances, phonograms, video recordings, broadcasts. Broadcasting includes satellite transmissions, transmission of encrypted signals where decryption devices are made available to the public by broadcasting organizations or provided with the consent of broadcasting organizations.

11a. Communication to the public means the transmission to the public of works; sounds and images of performances; sounds, images or the reproduction of sounds and images fixed in phonograms or video recordings by any means other than broadcasting.”;

b) To add Clause 12a after Clause 12, and amend and supplement Clause 13 as follows:

“12a. Confidential invention means an invention identified as a State secret by competent agencies or organizations in accordance with the law on protection of State secrets.

13. Industrial design means a specific appearance of a product or part for assembly into a complex product embodied by three-dimensional configurations, lines, colors, or a combination of these elements and visible in the process of exploiting the use of a product or a complex product.”;

c) To amend and supplement Clause 20 as follows:

“20. Well-known trademark means a mark widely known by the relevant public throughout the Vietnamese territory.”;

d) To amend and supplement Clause 22 and add Clause 22a after Clause 22 as follows:

“22. Geographical indication means a sign which identifies the geographical origin of a product from a specific region, locality, territory or country.

22a. Homonymous geographical indications mean those indications that sound, spell or read alike.”.

2. To amend and supplement Clause 2 Article 7 as follows:

“2. The exercise of intellectual property rights must neither be prejudicial to the State’s interests, public interests, legitimate rights and interests of organizations and individuals, nor violate other relevant provisions of law. Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam must not prevent or obstruct the dissemination and use of the National Flag, National Emblem and National Anthem.”.

3. To amend and supplement Clauses 2 and 3 Article 8 as follows:

“2. To encourage and promote the activities of innovation and exploitation of intellectual assets through financial support, tax incentives, credit and other support and investment incentives in accordance with the provisions of law in order to contribute to socio-economic development and improve the people’s material and spiritual life.

 3. To provide financial supports for the creation, receipt and exploitation of assigned intellectual property rights for public interests; to encourage organizations and individuals at home or abroad to provide financial aids for innovation activities and the protection of intellectual property rights.”.

4. To add Article 12a above Article 13 of Section 1 Chapter I Part two as follows:

“Article 12a. Authors and co-authors

1. An author is a person who directly creates a work. Where two or more people directly co-create a work with the intention that their contributions are combined into a complete whole, those persons are co-authors.

2. A person who supports, gives suggestions or provides materials for another person to create a work is not the author or co-author.

3. The exercise of moral rights and economic rights for a work with co-authors must be agreed upon by the co-authors, unless the work has a separate part that can be separated for independent use without prejudice to the work of other co-authors or otherwise provided by other laws.”.

5. To amend and supplement Articles 19, 20 and 21 as follows:

“Article 19. Moral rights

Moral rights include:

1. Titling their works.

Authors may transfer the right to use the right to title their works to organizations or individuals that receive the transfer of economic rights as specified in Clause 1 Article 20 of this Law;

2. Attaching their real names or pseudonyms to their works; having their real names or pseudonyms acknowledged when their works are published or used;

3. Publishing their works or authorizing other persons to publish their works;

4. Protecting the integrity of their works, and preventing other persons from modifying, mutilating or distorting their works in whatever form prejudicial to their honor and reputation.

Article 20. Economic rights

1. Economic rights include:

a) To make derivative works;

b) To display directly or indirectly their works to the public through phonograms, video recordings or any other technical means at a place accessible to the public but the public cannot freely choose the time and part of the works;

c) To reproduce directly or indirectly all or part of their works by any means or forms, except for the cases specified at Point a Clause 3 of this Article;

d) To distribute or import for distribution to the public through sale or other forms of ownership transfer with respect to original works or copies thereof in tangible form, except for the cases specified at Point b Clause 3 of this Article;

dd) To broadcast or communicate works to the public by wire or wireless means, electronic information networks or any other technical means, including making the works available to the public in a way accessible to the public at a place and time of their choosing;

e) To lease original cinematographic works and computer programs or copies thereof, unless computer program is not the main object of the lease.

2. The rights specified in Clause 1 of this Article shall be exclusively exercised by authors or copyright holders, or granted by authors or copyright holders to other organizations and individuals for exercise under the provisions of this Law.

Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 1 of this Article and Clause 3 Article 19 of this Law, shall have to ask for permission from the copyright holders and pay royalties and other material benefits (if any) to copyright holders, except for the cases specified in Clause 3 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law. In case of making a derivative work that affects the moral rights specified in Clause 4 Article 19 of this Law, the author’s written consent shall be required.

3. Copyright holders are not allowed to prevent other organizations or individuals from performing the following acts:

a) To reproduce works to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of works, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;

b) To distribute for the next time, import for distribution of the original, copies of works that have been performed or authorized by copyright holders to be distributed.

Article 21. Copyright to cinematographic works and dramatic works

1. Copyright to cinematographic works shall be regulated as follows:

a) Playwrights and directors shall be entitled to the rights specified in Clauses 1, 2 and 4 Article 19 of this Law;

b) Cameraman, montage-makers, music composers, art designers, studio sound, lighting designers, technical-effect designers, actors, actresses, and persons engaged in other creative jobs in the making of cinematographic works, shall be entitled to the rights specified in Clause 2 Article 19 of this Law;

c) Organizations and individuals that invest their finance and material-technical facilities in the production of cinematographic works shall be holders of the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law, unless otherwise agreed in writing. The organizations and individuals shall be obliged to pay royalties and other material benefits (if any) as agreed upon with the persons defined at Points a and b of this Clause;

d) Organizations and individuals that invest their finance and material-technical facilities in the production of cinematographic works may reach an agreement with the persons specified at Point a of this Clause to title and modify works;

dd) In case scripts or musical works in cinematographic works are used independently, the authors or copyright holders of the scripts or musical works shall enjoy copyright independently of such scripts or musical works, unless otherwise agreed in writing.

2. Copyright to dramatic works shall be regulated as follows:

a) Authors of dramatic scripts shall enjoy the rights specified in Clauses 1, 2 and 4 Article 19 of this Law;

b) Authors of literary and musical works, dramatic directors, music conductors, choreographers, stage and costume designers, and persons engaged in other creative jobs in the making of dramatic works, shall enjoy the rights specified in Clause 2, Article 19 of this Law;

c) Organizations and individuals that invest their finance and material-technical facilities in the production of dramatic works shall be holders of the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law, unless otherwise agreed in writing. The organizations and individuals shall be obliged to pay royalties and other material benefits (if any) as agreed upon with the persons defined at Points a and b of this Clause;

d) Organizations and individuals that invest their finance and material-technical facilities in the production of dramatic works may reach an agreement with the persons specified at Point a of this Clause to title and modify works;

dd) In case literary and musical works in dramatic works are used independently, the authors or copyright holders of the literary or musical works shall enjoy copyright independently of such literary and musical works unless otherwise agreed in writing.”.

6. To amend and supplement Clause 1 Article 22 as follows:

“1. A computer program means a set of instructions which is expressed in form of commands, codes, diagrams or other forms and, when incorporated in a mean or device operating in a computer programming language, capable of enabling such computers to perform a job or achieve a designated result. Computer programs shall be protected like literary works, irrespective of whether they are expressed in form of source codes or machine codes.

Authors and copyright holders of a computer program may reach an agreement in writing with each other on the repair and upgrade of the computer program. Organizations and individuals that have the legal right to use a copy of a computer program may make a backup copy for replacement when that copy is deleted, damaged or cannot be used but is not transferred to the organization, other individuals”.

7. To amend and supplement Article 25 and add Article 25a after Article 25; amend and supplement Article 26 as follows:

“Article 25. Exceptions where copyrights are not infringed

1. Cases of use of published works where permission and payment of royalties are not required, but information about the authors’ name and the work origin is required include:

a) Duplication of works by authors for scientific research or teaching purposes and for non-commercial purposes. This provision does not apply in the case of duplication by copying devices;

b) Reasonable duplication of a part of works by copying devices for scientific research or teaching purposes and for non-commercial purposes;

c) Reasonable use of works for illustration in lectures, publications, performances, phonograms, video recordings, broadcasts for teaching purposes. This use may include the provision on the internal computer network provided that technical measures are taken to ensure that only students and lecturers in the session may access to this work;

d) Use of works in official activities of State agencies;

dd) Reasonable recitation of works without misrepresenting the authors’ views for commentary, introduction, or illustrative purposes; or in articles published in newspapers or periodicals, in broadcasts, or in documentaries;

e) Use of works in non-commercial library activities, including reproduction of works stored in the library for preservation, provided that the copies are marked as archival copies with limited objects of access in accordance with the law on libraries and archives. Reasonable reproduction of a part of works by copying devices for scientific research or teaching purposes of other people. Reproduction or transmission of works stored for inter-library use over a computer network provided that the number of readers at the same time does not exceed the number of copies of the works held by the libraries, unless for the cases of obtaining the permission from the right holders and shall not apply in case the works have been made available on the market in digital form;

g) Performance of dramatic works, music, dance or other performing-art works in mass cultural, communication or mobilization activities for non-commercial purposes;

h) Photographing or televising of fine art, architectural, photographic, applied-art works displayed at public places for purpose of presenting images of such works for non-commercial purposes;

i) Importation of copies of others’ works for personal use and non-commercial purposes;

k) Reproduction by republishing in newspapers, periodicals, broadcasting or other forms of communication to the public of lectures, speeches and other speeches presented to the public to the extent appropriate for current news purposes, except where the author claims to hold copyright;

l) Photographing, audiovisual recording or broadcasting of events for the purpose of reporting current events, including using works heard or seen in such events;

m) People with visual impairments, people with disabilities who cannot read print and other disabled people who cannot access works to read in the usual way (hereinafter referred to as people with disabilities), people who nurture and care for people with disabilities, organizations that meet the conditions prescribed by the Government to use works as prescribed in Article 25a of this Law.

2. The use of works specified in Clause 1 of this Article must not contradict the normal exploitation of works and unreasonably cause damage to the legitimate interests of authors or the copyright holders.

3. The reproduction of works specified in Clause 1 of this Article shall not be applied to architectural works, art works or computer programs; the making of anthologies and anthology of works.

4. The Government shall detail this Article.

Article 25a. Exceptions where copyrights for people with disabilities are not infringed

1. People with disabilities, people who nurture and care for people with disabilities may reproduce, perform, communicate copies in an accessible format of works when having the legal right to access the originals or copies of the works. A copy in an accessible format means a copy of a work rendered in an alternative format or other format for persons with disabilities; may only be used for personal use by persons with disabilities and may be subject to appropriate technical adjustments necessary for the persons with disabilities to access works.

2. Organizations that meet the conditions prescribed by the Government may reproduce, distribute, perform and communicate copies in an accessible format of works when having legal right to access the originals or copies of works and operating for non-profit purposes.

3. Organizations that meet the conditions prescribed by the Government may distribute or communicate copies in a format accessible to the respective organization in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party without the permission from the copyright holders.

4. Organizations that meet the conditions prescribed by the Government may distribute or communicate copies in a format accessible to people with disabilities in other countries according to treaties to which the Socialist Republic of Vietnam is a contracting party without the permission from the copyright holders, provided that, prior to distribution or transmission, the organizations do not know or have no grounds to know that copies in accessible format shall be used by anyone other than persons with disabilities.

5. People with disabilities, people who nurture and care for people with disabilities or organizations that meet the conditions prescribed by the Government may import copies in an accessible format of works from the respective organizations according to treaties to which the Socialist Republic of Vietnam is a contracting party without the permission from the copyright holders.

6. The Government shall detail this Article.

Article 26. Limitations of copyright

1. Cases of using published works where permission is not required or but the payment of royalties is required, and the information about the authors’ names, and sources and origins of the works is required include:

a) Broadcasting organizations that use published works or works permitted by the copyright holders to be fixed on phonograms and video recordings for commercial purposes, which are sponsored, advertised or charged in whatever form, shall not have to obtain permission but have to pay royalties to copyright holders from the time of use. Royalties and payment methods shall be agreed upon by the parties; in case no agreement is reached, the Government’s regulations shall prevail.

Broadcasting organizations that use published works or works permitted by the copyright holders to be fixed on phonograms and video recordings for commercial purposes, without sponsorship, advertisement or charge in any form, shall not have to obtain permission but have to pay royalties to copyright holders from the time of use in accordance with the Government’s regulations;

b) Organizations and individuals which use works permitted by copyright holders to be fixed on phonograms and video recordings for commercial purposes, in business and commerce, shall not have to obtain permission but have to pay royalties to copyright holders as agreed from the time of use. In case no agreement is reached, the Government’s regulations shall prevail. The Government shall detail the business and commercial activities specified at this Point.

2. The use of works specified in Clause 1 of this Article must not contradict the normal exploitation of works and unreasonably cause damage to the legitimate interests of authors or the copyright holders.

3. The use of works in the cases specified in Clause 1 of this Article shall not apply to cinematographic works.

4. Vietnamese organizations and individuals enjoy the privileges accorded to developing countries for the right to translate works from foreign languages into Vietnamese and the right to reproduce for teaching and research for non-commercial purposes in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party shall comply with the Government’s regulations.

5. Organizations and individuals wishing to exploit and use published works of Vietnamese organizations or individuals but impossible to find or identify the copyright holders shall comply with the Government’s regulations.”.

8. To amend and supplement Article 28 as follows:

“Article 28.Acts of infringing upon copyright

1. Infringing the moral rights specified in Article 19 of this Law.

2. Infringing the economic rights specified in Article 20 of this Law.

3. Failing to conduct or incompletely conducting the obligations specified in Articles 25, 25a and 26 of this Law.

4. Intentionally canceling or deactivating effective technological solutions applied by authors or copyright holders to protect copyright over their works in order to commit acts specified in this Article and Article 35 of this Law.

5. Manufacturing, distributing, importing, offering, selling, promoting, advertising, marketing, leasing or storing equipment, products or components for commercial purposes, recommending or providing services when knowing or having grounds to know that such equipment, products or components are manufactured or used to deactivate effective technological solutions to protect copyright.

6. Intentionally deleting, removing or modifying right management information without the permission of authors, copyright holders when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon copyright as prescribed by law.

7. Intentionally distributing, importing for distribution, broadcasting, communicating or otherwise making available to the public copies of works when knowing or having grounds to know that right management information has been deleted, removed, or modified without permission from the copyright holders; when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon copyright as prescribed by law.

8. Failing to perform or unfully performing the provisions to be exempted from legal liability of enterprises providing intermediary services specified in Clause 3 Article 198b of this Law.”.

9. To amend and supplement Articles 29, 30, 31, 32 and 33 as follows:

“Article 29. Rights of performers

1. Performers shall have moral rights and economic rights to the performance in accordance with this Law.

Where performers are not concurrently the holders of the right toward the performance, performers shall enjoy the moral rights specified in Clause 2 of this Article, whereas the holders of the right toward the performance enjoy the economic rights specified in Clause 3 of this Article.

2. Moral rights include:

a) To be acknowledged when performing or distributing phonograms, video recordings, or broadcasting performances;

b) To protect the integrity of performed figures, prevent others from distorting, modifying or mutilating works in whatever form prejudicial to the honor and reputation of performers.

3. Economic rights include exclusive rights to exercise or authorize other organizations or individuals to exercise the following rights:

a) To fix their live performances on phonograms or video recordings;

b) To directly or indirectly reproduce all or part of their performances which have been fixed on phonograms or video recordings by any means or forms, except for the case specified at Point a Clause 5 of this Article;

c) To broadcast or communicate to the public their unfixed performances in a way accessible by the public, except where such performances are intended for broadcasting;

d) To distribute or import for distribution to the public by sale or other form of ownership transfer to the original or copy of their fixed performance in tangible form, except for the case specified at Point b Clause 5 of this Article;

dd) To commercially lease to the public the originals or copies of their performances which have been fixed on phonograms or video recordings, even after they are distributed by performers or with their permission;

e) To broadcast or communicate to the public their performances which have been fixed, including making it available to the public in a way accessible at the specific place and time indicated by them.

4. Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 3 of this Article, shall have to ask for permission from the right holders and pay royalties and other material benefits (if any) to the right holders as prescribed by law or as agreed upon in cases where the law does not provide for it, except for the cases specified in Clause 5 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law.

5. Holders of the right toward the performances are not allowed to prevent other organizations or individuals from performing the following acts:

a) To reproduce performances to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of their fixed performance on phonograms, video recordings, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;

b) To distribute for the next time, import for distribution of the original, copies of performances which have been fixed and performed or authorized the distribution by the copyright holders.

Article 30. Rights of producers of phonograms and video recordings

1. Producers of phonograms and video recordings shall have the exclusive right to exercise or authorize other organizations or individuals to exercise the following rights:

a) To directly or indirectly reproduce all or part of their phonograms and video recordings by any means or forms, except for the cases specified at Point a Clause 3 of this Article;

b) To distribute or import for distribution to the public through sale or other forms of ownership transfer for their original phonograms and video recordings and copies thereof in tangible form, except for the cases specified at Point b Clause 3 of this Article;

c) To conduct the commercial rental of their original phonograms and video recordings and copies thereof to the public, even after distribution by producers or with the producers’ permission;

d) To broadcast and communicate their original phonograms and video recordings and copies thereof to the public, including making it available to the public in a way accessible at the place and time specified by their choice.

2. Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 1 of this Article, shall have to ask for permission from the holders of the right toward the phonograms or video recordings and pay royalties and other material benefits (if any) to such right holders as prescribed by law or as agreed upon in cases where the law does not provide for it, except for the cases specified in Clause 3 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law.

3. Holders of the right toward the phonograms or video recordings are not allowed to prevent other organizations or individuals from performing the following acts:

a) To reproduce the phonograms or video recordings to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of the phonograms or video recordings, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;

b) To distribute for the next time, import for distribution of the original, copies of the phonograms or video recordings which have been performed or authorized the distribution by the copyright holders.

Article 31. Rights of broadcasting organizations

1. Broadcasting organizations shall have the exclusive right to exercise or authorize other organizations or individuals to exercise the following rights:

a) To broadcast or rebroadcast their broadcasts;

b) To directly or indirectly reproduce all or part of their fixed broadcasts by any means or forms, except for the cases specified at Point a Clause 3 of this Article;

c) To fix their broadcasts;

d) To distribute or import for distribution to the public by through sale or other forms of ownership transfer of their fixed broadcasts in tangible form, except for the cases specified at Point b Clause 3 of this Article.

2. Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 1 of this Article, shall have to ask for permission from the right holders of the broadcasts and pay royalties and other material benefits (if any) to such right holders as prescribed by law or as agreed upon in cases where the law does not provide for it, except for the cases specified in Clause 3 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law.

3. Holders of the right toward the broadcasts are not allowed to prevent other organizations or individuals from performing the following acts:

a) To reproduce broadcasts to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of broadcasts, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;

b) To distribute for the next time, import for distribution of the original, copies of fixed broadcasts that have been performed or authorized by copyright holders to be distributed.

Article 32. Exceptions where related rights are not infringed

1. Cases of using published performances, phonograms, video recordings, broadcasts where neither permission nor royalty payment is required, but information about the performances, phonograms, video recordings and broadcasts must be informed, include:

a) Directly audiovisual recording of part of a performance for purpose of reporting current events, or for non-commercial teaching purposes;

b) Self-reproduction or support for people with disabilities to reproduce part of performances, phonograms, video recordings, broadcasts for scientific research or non-commercial teaching purposes;

c) Reasonable reproduction of part of performances, phonograms, video recordings, broadcasts for personal teaching without commercial purposes, except for the cases where the performances, phonograms, or video recordings have been published for teaching purposes;

d) Reasonable recitation for for the purpose of reporting current events;

dd) Making of provisional copies of works by broadcasting organizations themselves for broadcasting purpose when they enjoy the broadcasting right.

2. The use of performances, phonograms, video recordings or broadcasts specified in Clause 1 of this Article must not contradict the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any unreasonable damage to the legitimate interests of performers, producers of phonograms and video recordings, and broadcasting organizations.

3. The Government shall detail this Article.

Article 33. Limitations of related rights

1. Cases of using published phonograms or video recordings, where permission is not required, but both royalty payment and information about the performances, phonograms, video recordings and broadcasts are required, include:

a) Organizations and individuals using published phonograms or video recordings for commercial purposes, which are sponsored, advertised or charged in whatever form shall not have to obtain permission but have to pay royalties to performers, producers of phonograms or video recordings, and broadcasting organizations from the time of use. Royalties and payment methods shall be agreed upon by the parties; in case no agreement is reached, the Government’s regulations shall prevail.

Organizations and individuals using published phonograms or video recordings for commercial purposes, without sponsorship, advertising or charge in whatever form shall not have to obtain permission but have to pay royalties to performers, producers of phonograms or video recordings, and broadcasting organizations from the time of use in accordance with the Government’s regulations;

b) Organizations and individuals using published phonograms or video recordings for commercial purposes, in business and commerce shall not have to obtain permission but have to pay royalties to performers, producers of phonograms or video recordings, and broadcasting organizations from the time of use. In case no agreement is reached, the Government’s regulations shall prevail. The Government shall detail the business and commercial activities specified at this Point.

2. The use of phonograms or video recordings specified in Clause 1 of this Article must not contradict the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any unreasonable damage to the legitimate interests of performers, producers of phonograms or video recordings, and broadcasting organizations.

3. Organizations and individuals wishing to exploit and use published phonograms or video recordings of Vietnamese organizations or individuals but impossible to find or identify the related right holders shall comply with the Government’s regulations.”.

10. To amend and supplement Article 35 as follows:

“Article 35. Acts of infringing upon related rights

1. Infringing the performers’ rights specified in Article 29 of this Law.

2. Infringing the rights of producers of phonograms or video recordings specified in Article 30 of this Law.

3. Infringing the rights of broadcasting organizations specified in Article 31 of this Law.

4. Failing to perform or unfully performing the obligations specified in Articles 32 and 33 of this Law.

5. Intentionally canceling or deactivating effective technological solutions applied by related right holders to protect their rights in order to commit acts specified in this Article and Article 28 of this Law.

6. Manufacturing, distributing, importing, offering, selling, promoting, advertising, marketing, leasing or storing equipment, products or components for commercial purposes, recommending or providing services when knowing or having grounds to know that such equipment, products or components are manufactured or used to deactivate effective technological solutions to protect related rights.

7. Intentionally deleting, removing or modifying right management information without the permission of related right holders when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon related rights as prescribed by law.

8. Intentionally distributing, importing for distribution, broadcasting, communicating or otherwise making available to the public performances, fixed copies of performances or phonograms, video recordings, or broadcasts when knowing or having grounds to know that right management information has been deleted, removed, or modified without permission of related right holders; when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon related rights as prescribed by law.

9. Manufacturing, assembling, transforming, distributing, importing, exporting, offering, selling or leasing equipment, systems when knowing or having grounds to know that such equipment, systems help illegally decode or essential to help illegally decode an encrypted program-carrying satellite signal.

10. Intentionally receiving or relaying an encrypted program-carrying satellite signal when such signal has been encoded without permission of the legal distributor.

11. Failing to perform or unfully performing the provisions to be exempted from legal liability of enterprises providing intermediary services specified in Clause 3 Article 198b of this Law.”.

11. To amend and supplement Article 36 as follows:

“Article 36. Copyright holders

Copyright holders mean organizations and individuals that hold one, several or all the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law.”.

12. To amend and supplement Articles 41, 42, 43 and 44, and add Article 44a after Article 44 of Chapter III Part two as follows:

“Article 41. Copyright holders being right assignees

1. Organizations and individuals that are assigned one, several or all of the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law under contracts shall be copyright holders.

2. Organizations and individuals that are managing or receiving rights toward anonymous works shall enjoy rights of owners until the names of authors or co-authors of these works are identified. When the name of authors or co-authors is identified, the holders of copyright toward such works, the rights and obligations related to the copyright of organizations or individuals, that are managing or receiving the right assignment, shall be determined in accordance with this Law and other relevant laws.

Article 42. Copyright and related right holders being the State

1. The State is the representative of copyright and related right holders in the following cases:

a) Works, performances, phonograms, video recordings and broadcasts created under the order, task assignment or bidding of agencies using the State budget;

b) Works, performances, phonograms, video recordings and broadcasts that are transferred by copyright holders, related rights holders, co-holders of the copyright or related rights to the State;

c) Works, performances, phonograms, video recordings and broadcasts during the term of protection in which copyright holders, related right holders, co-holders of the copyright or related rights die without an heir or the heir refuses to receive the heritage or has no right to inherit the heritage.

2. The State shall represent to manage copyright and related rights in the following cases:

a) Works, performances, phonograms, video recordings, broadcasts of which the copyright holders, related right holders, co-holders of copyright or related rights cannot be found or identified according to this Law;

b) Works that are anonymous until the name of authors, co-authors, copyright holders or co-holders of the copyright is identified, except for the cases specified in Clause 2 Article 41 of this Law.

3. Agencies that use the State budget to place orders, assign tasks, and bid for the creation of works, performances, phonograms, video recordings or broadcasts are representatives of the State in exercising the rights of holders of the copyright and related rights in the cases specified at Point a Clause 1 of this Article.

The State management agencies in charge of copyright and related rights shall be representatives of the State in exercising the rights of copyright and related right holders in the cases specified at Points b and c Clause 1 and Clause 2 of this Article.

4. The Government shall detail Clauses 1 and 2 of this Article; prescribe the tariff and method of royalty payment in the cases specified in Clauses 1 and 2 of this Article.

Article 43. Works, performances, phonograms, video recordings and broadcasts belong to the public

1. Works of which the terms of protection have expired under Clause 2 Article 27 of this Law, and performances, phonograms, video recordings or broadcasts of which the terms of protection have expired under Article 34 of this Law shall belong to the public.

2. All organizations and individuals shall be entitled to use works, performances, phonograms, video recordings and broadcasts defined in Clause 1 of this Article but must respect the moral rights of the authors and performers specified in this Law and relevant laws.

3. The Government shall detail the use of works, performances, phonograms, video recordings and broadcasts belong to the public.

Article 44. Related right holders

1. Related right holders include:

a) Performers that use their time and invest their finance and material- technical foundations in making performances shall be right holders of such performances, unless otherwise agreed with the concerned parties;

b) Producers of phonograms and video recordings that use their time and invest their finance and material- technical foundations in producing phonograms and/or video recordings shall be right holders of such phonograms and/or video recordings, unless otherwise agreed with the concerned parties;

c) Broadcasting organizations shall be right holders of their broadcasts, unless otherwise agreed with concerned parties.

2. Related right holders that are organizations assigning tasks to their affiliated organizations or individuals to perform performances, phonograms, video recordings or broadcasts, shall be holders of the respective rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law, unless otherwise agreed.

3. Related right holders that are organizations or individuals entering into contracts with other organizations, individuals to perform performances, phonograms, video recordings or broadcasts, shall be holders of the respective rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law, unless otherwise agreed.

4. Organizations and individuals that inherit the related right according to the law on inheritance shall be holders of the rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law.

5. Organizations and individuals that are transferred one, several or all of the rights as agreed in contracts shall be the holders of one, several or all of the respective rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law.

Article 44a. Principles of determination and division of royalties

1. Co-holders of the copyright or related rights shall reach an agreement on the rate of royalty division according to the creative participation for the entire works, performances, phonograms, video recordings, broadcasts, capital contributions according to the modes of exploitation and use.

2. The distribution rate of royalties when phonograms or video recordings are used under Clause 1 Article 26 and Clause 1 Article 33 of this Law shall comply with the agreement of copyright holders, performers and related right holders to such phonograms or video recordings. In case no agreement is reached, the Government’s regulations shall prevail.

3. Royalties shall be determined according to a frame and tariff based on the type, form, quality, quantity or frequency of exploitation and use; harmonizing the interests of creators, institutional or individual exploiters or users, and the public in accordance with the socio-economic conditions according to the time and place where the acts of exploitation and use take place.”.

13. To amend and supplement Clauses 1 and 2 Article 47 as follows:

“1. Licensing of copyright and related rights means the permission by copyright holders or related right holders for other organizations and individuals to use for a definite term one, several or all the rights specified in Clauses 1 and 3 Article 19, Clause 1 Article 20, Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law.

2. Authors may not transfer the right to use moral rights specified in Clauses 2 and 4 Article 19 of this Law. Performers may not transfer the right to use moral rights specified in Clause 2 Article 29 of this Law.”.

14. To amend and supplement Article 49 and Article 50 as follows:

“Article 49. Registration of copyright or related rights

1. The registration of copyright and related rights means the submission of dossiers by authors, copyright holders or related right holders to the competent State agencies for recording of information on authors, works, copyright holders and related right holders.

2. The submission of dossiers for grant of certificates of registered copyright or certificates of registered related rights is not a compulsory formality for enjoyment of copyright or related rights according to the provisions of this Law.

3. Organizations and individuals that are granted certificates of registered copyright or certificates of registered related rights shall not have to bear the burden of proof of such copyright and related rights upon disputes, unless rebutting proofs are adduced.

4. Organizations and individuals shall pay fees and charges when carrying out procedures for registration of copyrights and related rights in terms of grant, re-grant, renewal or invalidation of certificates of registered copyright or registered related rights.

5. The Government shall detail the conditions, order and procedures for grant of certificates of registered copyright or registered related rights.

Article 50. Dossiers for registration of copyright or related rights

1. Authors, copyright holders and related rights holders may directly or authorize other organizations or individuals to submit dossiers for registration of copyright or related rights in person, by postal service or via the online public service portal to the State management agencies in charge of copyright and related rights.

2. A dossier for registration of copyright or related rights comprises:

a) A written declaration for registration of copyright or related rights.

A written declaration must be made in Vietnamese, fully stating the information on the applicant, author, copyright holder or related rights holder; completion time; summarized content of the work, performance, phonogram, video recording or broadcast; the name of the author or copyright holder, the title of the work used to make derivative work in cases where the to be-registered work is a derivative work; the date, place and form of publication; information about re-grant or renewal (if any), the guaranteed responsibility for information stated in the written declaration. A written declaration must be signed or fingerprinted by the author, copyright holder or related right holder, except for the cases of physical incapacity to sign or fingerprint.

The Minister of Culture, Sports and Tourism shall set the form of written declarations for copyright or related right registration;

b) Two copies of the work subject to application for copyright registration, or two copies of the fixed object subject to the related right registration;

c) A power of attorney, if the person submitting dossiers for registration of copyright or related rights is an authorized person;

d) Documents proving the ownership of the right due to the creation or assignment of creation tasks, conclusion of creation contract, inheritance or transfer of right;

dd) Written consent of co-authors, for works under joint authorship;

e) Written consent of co-owners if the copyright or related rights are under joint ownership.

3. The documents specified at Point c, d, dd and e Clause 2 of this Article must be made in Vietnamese. Documents in other languages must be translated into Vietnamese.”.

15. To amend and supplement Article 52 as follows:

“Article 52. Time limit for granting registered copyright certificates or registered related right certificates

Within fifteen working days after the receipt of a valid dossier, the State management agency in charge of copyright and related rights shall have to grant a registered copyright certificate or registered related right certificate to the applicant. In case of refusal to grant registered copyright certificates or registered related right certificates, the state management agency in charge of copyright and related rights must notify and clearly state the reasons in writing to the applicants.”.

16. To amend and supplement Article 55 as follows:

“Article 55. Re-grant, renewal and invalidation of registered copyright certificates and registered related right certificates

1. Where a registered copyright certificate or registered related right certificate is lost or damaged, competent State agencies defined in Clause 2 Article 51 of this Law shall re-grant such registered copyright certificate or registered related right certificate within seven working days from the date of receipt of a valid dossier. In case of requesting for change of copyright or related right holder; information about the work, the author, the copyright holder; information about the subject matters of related rights and the holder of related rights, competent State agencies defined in Clause 2 Article 51 of this Law shall renew such registered copyright certificate or registered related right certificate within twelve working days from the date of receipt of a valid dossier.

In case of refusal to re-grant or renew the registered copyright certificate or registered related right certificate, the State management agency in charge of copyright and related rights must notify and clearly state the reasons in writing to the applicant.

2. Where a registered copyright certificate or registered related right certificate grantee is not the author, copyright holder or related right holder, or where the registered work, phonogram, video recording or broadcast is ineligible for protection, the competent State agency defined in Clause 2 Article 51 of this Law shall invalidate such registered copyright certificate or registered related right certificate.

3. Organizations and individuals that detect that the grant of registered copyright certificates and/or registered related right certificates is contrary to the provisions of this Law are entitled to request the State management agency in charge of copyright and related rights to invalidate such registered copyright certificates and registered related right certificates.

4. Within fifteen working days from the date of receipt of one of the following documents, competent State agencies shall issue a decision on invalidation of a registered copyright certificate or registered related right certificate:

a) An effective judgment or decision of a court or a decision of competent State agencies to handle acts of infringing upon intellectual property rights specified in Article 200 of this Law on invalidation of registered copyright certificates and registered related right certificates;

b) A written request from the organization or individual that has been granted a registered copyright certificate or registered related right certificate to invalidate the registered copyright certificate or registered related right certificate.

5. The Government shall detail this Article.”.

17. To amend and supplement the title of Chapter VI Part two as follows:

Chapter VI

COPYRIGHT AND RELATED RIGHTS COLLECTIVE REPRESENTATION,

CONSULTANCY AND SERVICE ORGANIZATIONS”.

18. To amend and supplement Article 56 as follows:

“Article 56. Organizations acting as collective representatives of copyright and related rights

1. Organizations acting as collective representatives of copyright and related rights are voluntary, self-funding and not-for-profit organizations established under agreements among authors, copyright holders and/or related right holders and operating according to the provisions of law for performing the authorization of copyright and related rights. The organizations are subject to the State management of the Ministry of Culture, Sports and Tourism in terms of collective representation of copyright and related rights.

2. Organizations acting as collective representatives of copyright and/or related rights shall conduct the following activities under written authorization by authors, copyright holders and/or related light holders:

a) Performing the management of copyright and/or related rights; conducting negotiations for licensing, collection and division of royalties and other material benefits from the exercise of authorized rights;

b) Protecting legitimate rights and interests of their members; organizing conciliations upon occurrence of disputes.

3. Organizations acting as collective representatives of copyright and/or related rights shall have the following rights and obligations:

a) To ensure publicity and transparency in management and administration activities of organizations acting as collective representatives of copyright and related rights with competent State agencies; authorizing authors, copyright holders, or related rights holders; institutional or individual exploiters or users;

b) To develop the list of authorizing authors, copyright and related rights holders; works, performances, phonograms, video recordings and broadcasts that are being managed by organizations acting as collective representatives of copyright and related rights; scope of authorization; the validity of authorization contracts; plans and results of the collection and division of royalties;

c) To develop the tariff and method of royalty payment and submit to the Minister of Culture, Sports and Tourism for approval. The Minister of Culture, Sports and Tourism shall approve the tariff and method of royalty payment based on the principles specified in Clause 3 Article 44a of this Law;

d) To collect and divide royalties according to the provisions of the organization’s charter and power of attorney of authors, copyright holders, related right holders with an agreement on the rate or percentage, method and time of the royalty division, according to the principles of publicity and transparency as prescribed by law.

The collection and division of royalties from respective foreign or international organizations shall comply with the law on foreign exchange management;

dd) To retain an amount of the total royalties collected to pay for the performance of the organization’s tasks on the basis of the agreement of authorizing authors, copyright or related right holders. The retained amount shall be adjusted on the basis of the agreement of authorizing authors, copyright or related right holders and may be determined as a percentage of the total royalties collected;

e) To divide royalties collected from the licensing of exploitation and use to authors, copyright or related rights holders after deducting the expenses specified at Point dd of this Clause;

g) To submit annually and irregular reports on collective representation activities to competent State agencies; be subject to inspection and examination by competent State agencies;

h) To conduct activities to support cultural development, creation-promoting activities and other social activities;

i) To cooperate, or sign reciprocal representation agreements with their counterparts in international and national organizations on the protection of copyright and related rights;

k) To set up the organizational structure of organizations acting as collective representatives of copyright and related rights, ensuring that the authorizing authors, copyright and related rights holders may stand for election to leadership, management and control positions of the organizations.

4. In case works, phonograms, video recordings or broadcasts are related to the rights and interests of many authorized organizations acting as collective representatives of copyright and related rights, the organizations may agree to have an organization to act on behalf of them to negotiate the licensing for use, collection and division of royalties according to the its charter and power of attorney.

5. After five years of searching for division of the collected royalties, if organizations acting as collective representatives of copyright and related rights have not yet found or contacted the authorizing authors, co-authors, copyright holders, related rights holders, co-holders of copyrights or related rights, the royalties, such amount shall be handed over to competent State agencies for management after deducting management and search expenses in accordance with this Law and relevant laws.

After receiving royalties, competent State agencies shall continue to notify the search for a period of five years. At the end of this period, if the competent State agencies still cannot find or contact authors, co-authors, copyright holders, related rights holders, co-holders of copyrights or related rights, and persons with related rights and obligations as prescribed by law, such amount shall be used for activities encouraging the creativity, propaganda and promotion of the enforcement of copyright and related right protection. Within the above-mentioned period, if authors, co-authors, copyright holders, related rights holders, co-holders of copyrights or related rights, and persons with related rights and obligations are found or contacted, the money amount, after deducting search and management expenses, shall be paid to the above-mentioned persons in accordance with the law.

6. The Government shall detail this Article.”.

19. To amend and supplement Clause 1 Article 60 as follows:

“1. An invention shall be considered novel if it does not fall into one of the following cases:

a) Being publicly disclosed through use or by means of a written description or any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the invention registration application.

b) Being disclosed in another invention registration application with an earlier filing date or priority date but published on or after the filing date or priority date of the invention registration application.”.

20. To amend and supplement Clause 1 Article 72 as follows:

“1. Being a visible sign in the form of letters, words, drawings or images, holograms, or a combination thereof, represented in one or more colors, or a sound mark represented graphically;”.

21. To amend and supplement number of Clauses of Article 73 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Signs identical with or confusingly similar to National Flags or National Emblems, Anthems of the Socialist Republic of Vietnam and other countries, Internationale;”;

b) To add Clauses 6 and 7 after Clause 5 Article 73 as follows:

“6. Signs are the inherent shape of the goods or are required by the technical characteristics of the goods;

7. Signs contain copies of works, except for the cases obtaining the permission from the owners.”.

22. To amend and supplement a number of Points of Clause 2 Article 74 as follows:

a) To amend and supplement Points a, b and c as follows:

“a) Simple shapes and geometric figures, numerals, letters or scripts of uncommon languages, except where such signs have been widely used and recognized as a mark before the date of filing of applications;

b) Conventional signs or symbols, pictures or common names in any language, the usual shape of the goods or part of the goods, the usual shape of the package or container that have been widely and regularly used and known to many people before the date of filing of applications;

c) Signs indicating time, place and method of production, category, quantity, quality, properties, ingredients, intended utility, value or other characteristics, which is descriptive of goods or services or signs substantially increasing value to the good, except where such signs have acquired distinctiveness through use before the date filing of applications;”;

b) To amend and supplement Points dd and e as follows:

“dd) Signs indicating the geographical origin of goods or services, except where such signs have been widely used and recognized as a trademark before the date of filing of applications or registered as collective trademarks or certification trademarks as provided for in this Law;

e) Signs identical with or confusingly similar to trademarks of other organizations or individuals that are protected for identical or similar goods or services on the basis of the application with an earlier filing date or priority date in case the application enjoys priority, including trademark registration applications filed under treaties to which the Socialist Republic of Vietnam is a contracting party, except such trademark registration has it validity terminated under Point d Clause 1 Article 1 of Article 95 or is invalidated under Article 96 according to the procedures specified at Point b Clause 3 Article 117 of this Law;”;

c) To amend and supplement Points dd and i as follows:

“h) Signs identical with or confusingly similar to trademark of other organizations or individuals which has been protected for identical or similar goods or services, the registration certificate of which has been invalidated for no more than 3 years, except where such trademark registration is terminated according to the provisions of Point d, Clause 1 Article 95 according to the procedures specified at Point b Clause 3 Article 117 of this Law;

i) Signs identical with or confusingly similar to another person’s trademark recognized as a well-known one before the date of filing a registration application for goods or services which are identical with or similar to those bearing such well-known trademark, or for dissimilar goods or services if the use of such trademark may affect the distinctiveness of the well-known trademark or the trademark registration is aimed at taking advantage of the reputation of the well-known mark;”;

d) To amend and supplement Point n and add Points o and p after Point n as follows:

“n) Signs identical with or insignificantly different from another person’s industrial design which has been or are being protected on the basis of an industrial design registration application with the filing date or priority date earlier than that of the trademark registration application;

o) Signs identical with or confusingly similar to names of plant varieties which has been or are being protected in Vietnam if such signs are registered for the goods being plant varieties of the same or similar species or goods harvested from plant varieties;

p) Signs identical with or confusingly similar to names and images of characters or images in works subject to the copyright protection of others that were widely known prior to the filing date, except for the cases of obtaining permission from owners of the works.”.

23. To amend and supplement the first paragraph of Article 75 as follows:

“The consideration and assessment of a trademark as well-known is selected from some or all of the following criteria:”.

24. To amend and supplement Article 79 as follows:

“Article 79. General conditions for geographical indications eligible for protection

1. A geographical indication shall be protected when it satisfies the following conditions:

a) The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication;

b) The product bearing the geographical indication has a reputation, quality or characteristics mainly attributable to geographical conditions of the area, locality, territory or country corresponding to such geographical indication.

2. A homonymous geographical indication satisfying the conditions specified in Clause 1 of this Article shall be protected if such geographical indication is actually used in a way that does not mislead consumers as to the geographical origin of a product bearing the geographical indication and ensures the principle of fair treatment between organizations, individuals producing products bearing such geographical indication.”.

25. To amend and supplement Article 86 and add Article 86a after Article 86 as follows:

“Article 86. The right to register inventions, industrial designs and layout-designs

1. The following organizations and individuals shall have the right to register inventions, industrial designs and layout-designs:

a) Authors who have created inventions, industrial designs or layout-designs with their own efforts and expenses;

b) Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring, organizations and individuals assigned to manage genetic resources provide genetic resources and traditional knowledge about genetic resources under contracts to access genetic resources and benefit sharing, unless otherwise agreed by the parties or in the case specified in Article 86a of this Law.

2. Where more than one organization or individual have jointly created or invested in the creation of an invention, industrial design or layout-design, these organizations or individuals shall all have the registration right, which shall only be exercised with their consensus.

3. An organization or person who has the registration right as provided in this Article may assign that right to other organizations or individuals in the form of a written contract, bequeathal or inheritance in according to the provisions of law, even where a registration application has been filed.

Article 86a. The right to register inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks

1. For inventions, industrial designs and layout designs that are the result of scientific and technological tasks wholly funded by the State budget, the right to register inventions, industrial designs and layout-designs shall be automatically assigned to the presiding organization without reimbursement, except for the cases specified in Clause 3 of this Article.

2. For inventions, industrial designs and layout-designs that are the result of scientific and technological tasks funded with several capital sources, including the State budget, the part of the right to register inventions, industrial designs and layout-designs corresponding to the proportion of the State budget shall be automatically assigned to the presiding organization without reimbursement, except for the cases specified in Clause 3 of this Article.

3. The right to register inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks in the field of national defense and security shall be implemented as follows:

a) For scientific and technological tasks wholly funded by the State budget, the right to register inventions, industrial designs and layout-designs shall belong to the State;

b) For scientific and technological tasks funded with several sources of capital, including the State budget, the part of the right to register inventions, industrial designs and layout-designs corresponding to the proportion of the State budget shall belong to the State;

c) The State owner’s representative shall exercise the registration rights specified at Points a and b of this Clause.

4. The Government shall detail this Article.”.

26. To amend and supplement Article 88 as follows:

“Article 88. Right to register geographical indications

1. The right to register Vietnamese geographical indications belongs to the State. The State allows organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations or individuals or administrative management agencies of localities to which such geographical indications pertain to exercise the right to register such geographical indications. Organizations and individuals who exercise the right to register geographical indications shall not become owners of such geographical indications.

2. Foreign organizations and individuals who are right holders toward geographical indications under the law of the country of origin shall have the right to register such geographical indications in Vietnam.”.

27. To add Article 89a after Article 89 as follows:

“Article 89a. Security control of inventions before filing registration applications in other countries

1. Inventions in the technical fields affecting national defense and security, that are created in Vietnam and under the right of registration of individuals being Vietnamese citizens and permanently residing in Vietnam or of organizations established under Vietnamese law may only file an invention registration application in other countries if the invention registration applications have been submitted in Vietnam to carry out security control procedures.

2. The Government shall detail Clause 1 of this Article.”.

28. To amend and supplement Clause 2 Article 92 as follows:

“2. Protection titles of geographical indications shall record organizations managing geographical indications, protected geographical indications, particular characteristics of products bearing such geographical indications, particular characteristics of geographical conditions and geographical areas bearing such geographical indications.”.

29. To add Clauses 8 and 9 after Clause 7 Article 93 as follows:

“8. International registration of trademarks under the Madrid Protocol and Agreement on international registration of trademarks with the designation of Vietnam shall take effect from the date on which the State management agencies in charge of industrial property rights issue a decision on accepting protection for trademarks in that international registration or from the day following the date of expiration of a twelve-month period counting from the date the International Bureau issues the notice of international registration of the trademarks with the designation of Vietnam, whichever is earlier. The validity period of international registration of trademarks shall be calculated according to the provisions of the Madrid Protocol and Agreement.

9. International registration of industrial designs under the Hague Agreement on international registration of industrial designs with the designation of Vietnam shall take effect from the date on which the State management agencies in charge of industrial property rights issue a decision on accepting protection for industrial designs in that international registration or from the day following the date of expiration of the six-month period counting from the date the International Bureau issues the notice of international registration of the industrial designs, whichever is earlier. The validity period of international registration of industrial designs shall be calculated according to the provisions of the Hague Agreement.”.

30. To amend and supplement Article 95 and Article 96 as follows:

“Article 95. Termination of validity of protection titles

1. The validity of a protection title shall be wholly or partially terminated in the following cases:

a) Its owner fails to pay the validity maintenance or prolongation fee or charge as prescribed;

b) Its owner declares to relinquish the industrial property rights;

c) Its owner no longer exists or the owner of a certificate of registered trademark is no longer engaged in business activities without any lawful heir;

d) The trademark has not been used by its owner or his/her licensee without justifiable reasons for 5 consecutive years prior to a request for termination of validity, except where the use is commenced or resumed at least 3 months before the request for termination;

e) The owner of a certificate of registered collective trademark fails to supervise or ineffectively supervises the implementation of the regulation on use of collective trademarks;

f) The owner of a certificate of registered certification trademark violates the regulation on use of certification trademarks or fails to supervise or ineffectively supervises the implementation of such regulation;

g) The geographical conditions decisive to reputation, quality or special characteristics of products bearing a geographical indication have changed resulting in the loss of such reputation, quality or characteristics of products;

h) The use of protected trademarks for goods or services by trademark owners of a person authorized by the trademark owners causes consumers to misunderstand the nature, quality or geographical origin of such goods or services;

i) The protected trademark becomes the common name of goods or services registered for that trademark;

k) The geographical indication of a foreign country is no longer protected in the country of origin.

2. Where the owner of a patent or utility solution patent fails to pay the validity maintenance fee or charge before the set time limit, the validity of such patent shall, upon the expiration of such time limit, automatically terminate as from the first day of the first valid year for which the validity maintenance fee or charge has not been paid.

Where the owner of a patent or utility solution patent fails to pay the validity maintenance fee or charge before the set time limit, the validity of such patent shall, upon the expiration of such time limit, automatically terminate as from the first day of the following valid period for which the validity maintenance fee or charge has not been paid.

The State management agency in charge of industrial property rights shall record such termination in the National Register of Industrial Property and publish it in the Official Gazette of Industrial Property.

3. Where the owner of a protection title declares to relinquish industrial property rights provided for at Point b Clause 1 of this Article, the State management agency in charge of industrial property rights shall consider and decide to terminate the validity of such protection title;

4. Organizations and individuals shall have the right to request the state management agency in charge of industrial property rights to terminate the validity of protection titles in cases specified at Points c, d, dd, e, g, h, i and k Clause 1 of this Article, provided that they have paid fees and charges.

5. Based on the result of the examination of requests for termination of validity of protection titles for the cases specified in Clauses 3 and 4 of this Article and involved parties’ opinions, the State management agency in charge of industrial property rights shall notify the refusal to terminate the validity of protection titles or issue decisions on termination of part or all validity of protection titles.

6. For the cases specified at Points c, d, dd, e, g, h and i Clause 1 of this Article, the validity of protection titles shall be terminated from the date the State management agency in charge of industrial property rights issues a decision on invalidation of the protection titles.

For the cases specified at Point k Clause 1 of this Article, the validity of protection titles shall be terminated from the date the geographical indication is no longer protected in the country of origin.

In case the State management agency in charge of industrial property rights issues a decision to terminate the validity of protection titles as prescribed in Clause 3 of this Article, the validity of protection titles shall be terminated from the date the State management agency in charge of industrial property rights receives a written declaration from protection title holders.

7. The provisions of Clauses 1, 2, 3, 4, 5 and 6 of this Article shall also apply to the termination of validity of international registrations of trademarks and industrial designs.

Article 96. Invalidation of protection titles

1. A protection title shall be entirely invalidated in the following cases:

a) Applicants for registration of trademarks with malicious intent;

b) Invention registration applications are filed contrary to the regulations on security control of inventions specified in Article 89a of this Law;

c) Invention registration applications for inventions which are directly created based on genetic resources or traditional knowledge about genetic resources but fail to disclose or incorrectly disclose the origin of genetic resources or traditional knowledge about genetic resources in the applications.

2. A protection title shall be wholly or partly invalidated if the entire or part of such protection title fails to satisfy the provisions of this Law on registration rights, protection conditions, amendments and supplements to the application, invention disclosure, initial filing principle in the following cases:

a) The registration applicant has neither had nor been assigned the right by persons with the right to registration to register an invention, industrial design, layout-design or trademark;

b) The subject matter of industrial property fails to satisfy the protection conditions specified in Articles 8 and Chapter VII of this Law;

c) Any amendment or supplement to an industrial property registration application expands the scope of the subject matter already disclosed or stated in such application or changes the nature of the subject matter subject to registration stated in the application and must ensure the uniformity of the application;

d) The invention must not fully and clearly disclose its nature to the extent that such invention may be realized by a person with average knowledge in the art;

dd) Inventions with protection title in exceed of the scope of disclosure in the initial description of invention registration applications;

e) Inventions fail to satisfy the initial application filing principle specified in Article 90 of this Law.

3. A protection title shall be wholly or partly invalidated specified in Clauses 1 and 2 of this Article, the entire or a part of such invalidation shall not take effect from the time the protection title is granted.

4. Organizations and individuals may request the State management agency in charge of industrial property rights to invalidate protection titles in the cases specified in Clauses 1 and 2 of this Article, provided that they pay fees and charges.

The statute of limitations for exercising the right to request invalidation of protection titles shall be the entire protection duration. For the case of request for invalidation of protection titles for trademarks for the reasons specified in Clause 2 of this Article, the statute of limitations shall be five years from the date of grant of the protection titles or from the effective date of the international registration of the trademarks in Vietnam.

5. Based on the result of the examination of request for invalidation of a protection title and involved parties’ opinions, the State management agency in charge of industrial property rights shall issue a decision on invalidation of the protection title or notify the refusal to invalidate it.

6. The provisions of Clauses 1, 2, 3, 4 and 5 of this Article shall also apply to the invalidation of international registrations of trademarks and industrial designs.

7. The Minister of Science and Technology shall detail Clause 1 and Clause 2 of this Article.”.

31. To amend and supplement Clauses 1 and 2 Article 97 as follows:

“1. The owner of a protection title, organizations and individuals performing the right to register geographical indications specified in Article 88 of this Law may request the State management agency in charge of industrial property rights to make amendments to the following information in such protection title, provided that the prescribed fees and charge are paid:

a) Modifications, error corrections in relation to the name and nationality of the author, the name and address of the protection title owner or the organization managing the geographical indications;

b) Amendments to the description of particular characteristics, quality or geographical area bearing a geographical indication; amendments to the regulation on use of collective trademarks or the regulation on use of a certification mark.

2. At the request of the owner of a protection title, organization or individual performing the right to register geographical indications, the State management agency in charge of industrial property rights shall have to correct errors caused at its fault in such protection title. In this case, the owner of a protection title, organization odd individual performing the right to register geographical indications shall not be required to pay fees and charges.”.

32. To add Point dd1 after Point dd Clause 1 Article 100 as follows:

“dd1) Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in a invention registration application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources;”.

33. To amend and supplement Article 103 as follows:

“Article 103. Requirements on industrial design registration applications

1. Documents identifying an industrial design registered for protection in an industrial design registration application comprise a set of photos, drawings of such industrial design and a description of industrial design shown in the set of photos, drawings.

2. A set of photos, drawings of industrial design must fully disclose all features of the industrial design claimed for protection to the extent that based on that, a person with average knowledge of the respective field can identify that industrial design.

3. A description of industrial design shown in the set of photos, drawings must list the order of the photos and drawings in the set of photos, drawings and features of the industrial design.

34. To amend and supplement Clause 2 Article 105 as follows:

“2. The sample of the trademark must be described in order to clarify elements of the trademark and the comprehensive meaning of the trademark, if any; where the trademark consists of words or phrases of hieroglyphic languages, such words or phrases must be transcribed; where the trademark consists of words or phrases in languages other than Vietnamese, such words or phrases must be translated into Vietnamese; where the trademark consists of sounds, the sample of the trademark must be sound and a graphical representation of the sound.”.

35. To add Point e after Point dd Clause 1 Article 106 as follows:

“e) For homonymous geographical indications, documents explaining the conditions for use and manner of presenting the geographical indications to ensure the distinction between geographical indications.”.

36. To add Clause 3 after Clause 2 Article 108 as follows:

“3. Applications for registration of confidential inventions shall be made in accordance with the Government’s regulations”

37. To amend and supplement Point dd, and add Point e after Point dd Clause 2 Article 109 as follows:

“dd) Applicants fail to fully pay the prescribed fees and charges;

 e) Invention registration applications are filed contrary to the regulations on security control of inventions specified in Article 89a of this Law.”.

38. To amend and supplement the title of Article 110 and a number of Clauses of Article 110 as follows:

a) To amend and supplement the title as follows:

“Article 110. Publication of trademark registration applications and industrial property registration applications”;

b) To add Clause 1a before Clause 1 as follows:

“1a. A trademark registration application that has not been duly accepted by State management agencies in charge of industrial property rights shall be made public immediately upon receipt.”;

c) To amend and supplement Clause 3 as follows:

“3. An industrial design registration application, a trademark registration application or a geographical indication registration application shall be published within 2 months as from the date such application is accepted as being valid. An industrial design registration application may be published at a later date at the request of the applicant at the time of filing but not later than seven months from the filing date.”.

39. To amend and supplement Article 112 and add Article 112a after Article 112 as follows:

“Article 112. Third party’s opinions on the grant of protection titles

As from the date an industrial property registration application is published in the Official Gazette of Industrial Property till prior to the date of issuance of a decision on grant of a protection title, any third party shall have the right to express opinions to the concerned state management agency in charge of industrial property rights on the grant or refusal to grant a protection title in respect of such application. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.

The written opinion of third parties shall be considered as a source of reference information for the processing of industrial property applications.

Article 112a. Objections of industrial property registration applications

1. Before the date of issuance of the decision to grant a protection title, within the following time limits, any third party may object to the grant of the protection title:

a) 9 months from the date the registration application for inventions is published;

b) 4 months from the date the registration application for industrial designs is published;

c) 5 months from the date the registration application for trademarks is published;

d) 3 months from the date the registration application for geographical indication is published.

2. Objections specified in Clause 1 of this Article must be made in writing, enclosed with documents or cited as sources of information for proof, and must pay fees and charges.

3. State management agencies in charge of industrial property rights shall handle objections specified in Clause 2 of this Article according to the order and procedures prescribed by the Minister of Science and Technology.”.

40. To add Clauses 3 and 4 after Clause 2 Article 114 as follows:

3. State management agencies in charge of industrial property rights may use appraisal results of the invention registration application that is identical with the claimed invention conducted by a foreign patent office during the patentability assessment.

4. The Minister of Science and Technology shall detail the use of appraisal results of the invention registration application specified in Clause 3 of this Article.”.

41. To amend and supplement Clause 2 Article 116 as follows:

“2. As from the time the applicant declares the withdrawal of the application, all further procedures related to such application shall be stopped.”.

42. To amend and supplement number of Clauses of Article 117 as follows:

a) To amend and supplement Clause 1 and add Clause 1a after Clause 1 as follows:

“1. The grant of a protection title for an invention, industrial design, trademark or geographical indication registration application shall be refused in the following cases:

a) There are grounds to affirm that the subject matter stated in the application does not fully satisfy the protection conditions;

b) There are grounds to affirm that the applicant does not have the right to register subject matters of industrial property rights or register trademarks with malicious intent;

c) The application satisfies the conditions for the grant of a protection title but is not with the earliest filing date or priority date as in the case specified in Clause 1 and Clause 2 Article 90 of this Law;

d) The application falls into a case specified in Clause 3 Article 90 of this Law but fails to get the consensus of all applicants;

dd) Any amendment or supplement to an application expands the scope of the subject matter already disclosed or stated in such application or changes the nature of the subject matter subject to registration stated in the application and must ensure the uniformity of the application.

1a. Except for the cases specified in Clause 1 of this Article, an invention registration application shall be refused to grant a protection title in the following cases:

a) The invention claims protection in exceed of the scope of disclosure in the original description of the invention registration application;

b) The invention is not fully and clearly disclosed in its description to the extent that such invention may be realized by a person with average knowledge in the art;

c) For inventions which are directly created based on genetic resources or traditional knowledge about genetic resources, the invention registration application fails to disclose or incorrectly discloses the origin of genetic resources or traditional knowledge about genetic resources;

d) An invention registration application is filed contrary to the regulations on security control for inventions specified in Article 89a of this Law.”;

b) To amend and supplement Clause 3 as follows:

“3. Where an industrial property registration application falls into the cases specified in Clauses 1, 1a and 2 of this Article, the concerned State management agency in charge of industrial property rights shall carry out the following procedures:

a) Notifying the appraisal results, clearly stating the intention to refuse for grant of the protection title, the reason and setting a time limit for the applicant to object to the intended refusal;

b) Suspending the appraisal process of the application if the applicant submits a request to suspend the appraisal of the application and requests the termination of validity or invalidation of the certificates of registered trademark specified at Points e and h Clause 2 Article 74 of this Law. Based on the results of settlement of a request for termination of validity or invalidation of the certificates of registered trademark, the State management agency in charge of industrial property rights shall continue the appraisal process of the application;

c) Suspending the appraisal process of the application if receiving a copy of the notice of acceptance of the case by the competent court about the lawsuit filed by a third party related to the right to register subject matters of industrial property rights or a registered trademark with malicious intent. Based on the court’s settlement results, the State management agency in charge of industrial property rights shall continue the appraisal process of the application;

d) Deciding to refuse to grant a protection title if the applicant makes no objection or makes unjustifiable objection to such intended refusal mentioned at Point a of this Clause.”.

43. To amend and supplement Article 118 as follows:

“Article 118. Grant of protection titles, entry into the register

1. Where an industrial property registration application does not fall into the cases of refusal to grant protection titles specified in Clauses 1, 1a and 2, Point b Clause 3 Article 117 of this Law or the applicant has a reasonable objection to the intended refusal specified at Point a Clause 3 Article 117 of this Law, the State management agency in charge of industrial property rights shall perform the following tasks:

a) Notifying the appraisal results, clearly stating the intention to grant a protection title for the entire or part satisfying the protection conditions and setting a time limit for the applicant to pay fees or charges or objections to the results of content appraisal;

b) Deciding to grant a protection title and recording it in the National Register of Industrial Property if the applicant pays fees and charges.

2. Where there appears an objection to the appraisal results, the relevant industrial property registration application shall be re-examined with regard to the matters against which the objection is made.”.

44. To add Article 119a after Article 119 of Section 3 Chapter VIII as follows:

“Article 119a. Complaints and settlement of complaints related to industrial property procedures

1. Applicants and organizations and individuals with rights and interests directly involved in decisions or notices, relating to the processing of registration applications for establishment of rights, maintenance, extension, amendment, termination and cancellation of the validity of industrial property protection titles, registration for industrial property right transfer contracts promulgated by the State management agencies in charge of industrial property rights, are entitled to complain to State management agencies in charge of industrial property rights or initiate a lawsuit at the court in accordance with this Law and relevant laws.

2. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam and foreign organizations or individuals having production or business establishments in Vietnam shall submit the written complaints either directly or through their lawful representatives in Vietnam. Foreign individuals not permanently residing in Vietnam, foreign organizations or individuals having no production or business establishments in Vietnam shall submit the written complaints through their lawful representatives in Vietnam.

3. Complaint contents must be presented in writing, clearly stating the full name and address of the complainant; official number, signing date, contents of the decision or notification on complaint; complaint contents, argument and proof of the complaint; specific request for the amendment or cancellation of relevant decisions or notices. The submitted complaint must be made in writing or electronic form according to the online application submission system.

4. In case where the complaint related to the registered right or other contents that must be re-appraised, the complainant must re-pay appraisal charge.

5. The time limit for settlement of complaints must comply with the law on complaints. In case where the State management agencies in charge of industrial property rights re-appraise the cases mentioned in Clause 4 of this Article or the complainant amends or supplements the complaint dossier, the duration for re-appraisal and amendment and supplementation of such dossier shall not be included in the period for settlement of complaints in accordance with the law on complaints.

The time limit for re-appraisal shall comply with Clause 3 Article 119 of this Law.

6. The complaint and settlement of complaints that are not mentioned in this Article must comply with the law on complaints.”.

45. To amend and supplement number of Clauses of Article 121 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Owners of inventions or layout-designs mean organizations or individuals that are granted by the competent agency protection titles for respective industrial property objects.

Owners of industrial designs mean organizations or individuals that are granted by the competent agency industrial design protection titles or those who have internationally-registered industrial designs recognized by competent agencies.

Owners of trademarks mean organizations or individuals that are granted by the competent agency protection titles for such marks or have internationally registered marks as recognized by the competent agency or have well-known marks.”;

b) To amend and supplement Clause 4 as follows:

“4. The owner of Vietnam’s geographical indications is the State.

The State shall grant the right to use geographical indications to organizations or individuals that turn out products bearing such geographical indications in relevant localities and put such products on the market. The State shall directly exercise the right to manage geographical indications or grant that right to organizations representing the interests of all organizations or individuals granted with the right to use geographical indications.

The Government shall specify the performance of geographical indication management right.”.

46. To amend and supplement Clause 2 Article 123 as follows:

“2. Organizations or individuals granted with the right to manage geographical indications under Clause 4 Article 121 of this Law or under the law of the country where the geographical indications originate may ban others from use such geographical indications in accordance with Point b Clause 1 of this Article.”.

47. To amend and supplement Point b Clause 5 Article 124 as follows:

“b) Selling, offering, advertising for sale, displaying for sale, stocking for sale or transporting goods bearing the protected trademark; “.

48. To amend and supplement Point b Clause 2 Article 125 as follows:

“b) Circulating, importing, exploiting utilities of products used by owners or right transferees, including transferring the right under compulsory decisions, persons with the prior use right of industrial property objects under this Law, that have been lawfully put on the market, including overseas markets; “.

49. To amend and supplement Article 128 as follows:

“Article 128. Obligation to keep secret test data

1. Where the law requires applicants for licenses for circulating pharmaceuticals or agro-chemical products to supply test results or any other data being business secrets obtained by investment of considerable efforts, and where applicants request such data to be kept secret, the competent licensing agency shall be obliged to apply necessary measures so that such data are neither used for unhealthy commercial purposes nor disclosed, except where the disclosure is necessary to protect the public.

2. Regarding pharmaceuticals, from the submission of secret data in applications to the competent agency mentioned in Clause 1 of this Article to the end of a 5-year period as from the date the applicants are granted licenses, such agency must not grant licenses to any subsequent applicants in whose applications the said secret` data are used without the consent of submitters of such data, except for the cases specified at Point d, Clause 3, Article 125 of this Law.

3. In case where the agency competent to grant licenses for circulation of pharmaceuticals allows the applicant to lately submit application, based on the fact that one pharmaceutical has been granted circulation license or based on the data proving the safety and efficiency of one pharmaceutical already been granted circulation license for application of license for circulating another pharmaceutical, such competent agency must announce on its e-portal or website information on the lately-submitted application within 5 months before the pharmaceutical mentioned in the application is granted circulation license, except for the cases where the circulation license must be granted earlier in accordance with relevant laws.

4. Regarding agro-chemical products, from the submission of secret data in applications to the competent agency mentioned in Clause 1 of this Article to the end of a 10-year period as from the date the applicants are granted licenses, such agency must not grant licenses to any subsequent applicants in whose applications the said secret data are used, or based on the fact that the applicants of the above-mentioned secret data are granted circulation licenses without the consent of submitters of such data, except for the cases specified at Point d Clause 3 Article 125 of this Law, or the license grant is necessary to protect national defense, security, and nutrition for the citizens, or to meet other social essential needs.”.

50. To amend and supplement Point d Clause 1 Article 130 as follows:

“d) Possessing or using domain names identical with, or confusingly similar to, protected trade names or trademarks of others, or geographical indications without having the right to use, for bad purposes, or for the purpose of taking advantage of the reputation of the corresponding trademarks, trade names or geographical indications for illegal profits.”.

51. To add Article 131a after Article 131 of Section 1 Chapter IX Part three as follows:

“Article 131a. Compensation for owners of inventions due to delay in grant licenses for pharmaceutical circulation

“1. When carrying out procedures for maintaining the validity of the patents, the patent owner is not required to pay charges for use of protection titles for duration when the procedures for initial circulation registration of pharmaceuticals manufactured according to such patents in Vietnam are delayed.

2. Procedures for registration for circulation of pharmaceuticals shall be considered delayed if past the period of 2 years, from the date of receiving complete dossiers for circulation registration, but the agency competent to grant licenses for pharmaceutical circulation fails to issue the initial response in writing for such dossiers. The delayed period shall be counted from the first day after ending the period of 2 years from the agency competent to grant licenses for pharmaceutical circulation receives complete dossiers until the first response is issued.

3. The delayed period due to the applicants’ mistakes or reasons beyond the control of the competent State agency shall not be included in the period prescribed in Clause 2 of this Article.

4. In case the patent owner has paid charges for use of protection titles for the period considered delayed, the paid amount shall be deducted to the next period of maintaining validity or refunded.

5. To be exempted from charges for use of protection titles as prescribed in Clause 1 of this Article, within 12 months from the date pharmaceuticals are granted licenses for circulation, the patent owners must submit the certification of the delay in procedures for pharmaceutical circulation registration of the agency competent to grant licenses for pharmaceutical circulation to the State management agency in charge of industrial property rights.

6. The Government shall detail this Article.”.

52. To add Article 133a after Article 133 as follows:

“Article 133a. Rights of the State toward inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks

1. The State owner representative shall publicly notify within 90 days to transfer the right to register inventions, industrial designs and layout-designs that are results of State budget-funded scientific and technological tasks to organizations or individuals in need in the following cases:

a) Organizations presiding the scientific and technological tasks fail to perform the notification obligation in accordance with Clause 1 Article 136a of this Law;

b) Organizations presiding the scientific and technological tasks send a report to the State owner representative of the fact that there is no demand for registration;

c) Organizations presiding the scientific and technological tasks fail to submit an invention, industrial design or layout-design registration application within the period prescribed in Clause 2 Article 136a of this Law.

2. In case of failing to transfer the registration right to an organization or individual in need under Clause 1 of this Article, the State owner representative shall publicly announce contents of an invention, industrial design or layout-design being results of a State budget-funded scientific and technological task on the e-portal or website of the organization managing the scientific and technological task.

3. The competent State agencies may permit other organizations and individuals using inventions, industrial designs and layout-designs which are results of State budget-funded scientific and technological tasks without permission from the exclusive right holders in the following cases:

a) The exclusive right holders fail to take effective measures in an appropriate period in order to use inventions, industrial designs or layout-designs that are results of scientific and technological tasks of which more than 30% of the total capital is sponsored by the State;

b) Where the use is for public and non-commercial purposes or in service of national defense, security, disease prevention and treatment and nutrition assurance for people or other urgent needs of the society.

4. The payment of compensation for the exclusive right holders when the competent State agency permits other organizations or individuals to use inventions, industrial designs or layout-designs under Clause 3 of this Article shall be carried out as follows:

a) For an invention, industrial design or layout-design that is result of a scientific and technological task wholly funded by the State budget, organizations or individuals permitted to use such invention, industrial design or layout-design are not required to pay compensation;

b) For an invention, industrial design or layout-design that is result of a scientific and technological task funded by different capital sources, including the State budget, organizations or individuals permitted to use such invention, industrial design or layout-design are not required to pay compensation for the use right portion corresponding to the portion invested by the State budget, but must pay compensation for the use right portion corresponding to the remaining investment. The compensation paid to the exclusive right holder shall be determined in accordance with Point d Clause 1 Article 146 of this Law.

5. The Government shall detail this Article.”.

53. To amend and supplement Article 135 as follows:

“Article 135. Obligation to pay remunerations to authors of inventions, industrial designs or layout-designs

1. Except for the cases specified in Clause 2 of this Article, owners of inventions, industrial designs or layout-designs are obligated to pay remunerations to their authors as agreed. In case of absence of agreement, the remuneration payable to an author shall be as follows:

a) 10% of the pre-tax profit amount gained by the owner from the use of an invention, industrial design or layout-design;

b) 15% of total amount received by the owner in each payment for transferring the right to use an invention, industrial design or layout-design before paying tax as prescribed.

2. For an invention, industrial design or layout-design that is result of a State budget-funded scientific and technological task, the remuneration payable by an owner to the author is provided as follows:

a) From 10% to 15% of the pre-tax profit amount gained by the owner from the use of an invention, industrial design or layout-design;

b) From 15% to 20% of total amount received by the owner in each payment for transferring the right to use an invention, industrial design or layout-design before paying tax as prescribed.

3. For an invention, industrial design or layout-design under joint authorship, the remuneration prescribed in Clauses 1 and 2 of this Article is the one applicable to co-authors. Co-authors shall reach an agreement on distributing the remuneration payable by the owner.

4. The obligation to pay remunerations to authors of inventions, industrial designs or layout-designs shall exist throughout the term of protection of such inventions, industrial designs or layout-designs.”.

54. To add Article 136a after Article 136 as follows:

“Article 136a. Obligations of presiding organizations toward inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks

1. Notifying the State owner representatives within 30 days, from the date on which the inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks are created.

2. Submitting registration applications for establishment of rights over inventions, industrial designs and layout-designs that are results of State budget-funded scientific and technological tasks in Vietnam within 6 months, from the date of sending notification to the State owner representatives.

3. Paying remunerations to authors of inventions, industrial designs and layout-designs as provided for in Article 135 of this Law.

4. For a scientific and technological task of which up to 30% of the total capital is sponsored by the State, the after-tax profits, that are gained from the use, transfer or licensing of rights, or capital contribution by patents, industrial designs or layout-designs corresponding to the State’s capital contribution portion after paying remunerations to authors, shall be used according to the financial management regulations of the managing organization.

5. For a scientific and technological task of which more than 30% of the total capital is sponsored by the State, the distribution of after-tax profits, that are gained from the use, transfer or licensing of rights, or capital contribution by patents, industrial designs or layout-designs being results of State budget-funded scientific and technological tasks after paying remunerations to authors, shall be used as follows:

a) To pay an amount not exceeding 10% of the remaining profits to the broker (if any) in accordance with the brokerage contract;

b) In case the scientific and technological tasks are wholly funded by the State budget, at least 50% of the remaining profits shall be used as an investment in science and technology activities; the rest shall be used in accordance with the financial management regulations of the managing organization;

c) In case the scientific and technological tasks are funded by different sources, the remaining profits shall be distributed to parties in corresponding to the capital portion contributed to such scientific and technological tasks. The profits corresponding to the State’s capital contribution portion shall be used by the presiding organization under Point b of this Clause.

6. The presiding organizations granted patents or protection titles for industrial designs or layout-designs that are entitled to register in accordance with Clauses 1 and 2 Article 86a of this Law are obligated to perform industrial property rights as prescribed, take protection measures and submit annual reports on the performance of rights, application of protection measures and profit distribution to the agencies managing scientific and technological tasks.

7. The Government shall detail this Article.”.

55. To add Clause 6 after Clause 5, Article 139 as follows:

“6. The rights to inventions, industrial designs and layout-designs that are results of scientific and technological tasks funded by the State budget may only be transferred to organizations established under Vietnamese law, individuals being Vietnamese citizens and permanently residing in Vietnam. Organizations and individuals that receive the transfer of the ownership must perform the respective obligations of the presiding organizations in accordance with this Law.”.

56. To add Point dd after Point d, Clause 1, Article 145 as follows:

“dd) Where the use of inventions for the needs of pharmaceuticals for disease prevention and treatment of other countries that are eligible for import under treaties to which the Socialist Republic of Vietnam is a contracting party.”.

57. To amend and supplement a number of points of Clause 1, Article 146 as follows:

a) To amend and supplement Point b as follows:

“b) Such transferred use right is only limited to a scope and duration so that it is sufficient to achieve the transferring objectives, except for cases specified at Point d, Clause 1, Article 145 of this Law. For an invention in semi-conductor technology, the transfer of the use of invention shall be only for public and non-commercial purposes or for handling of anti-competition practices according to the law regulations on competition;”;

b) To amend and supplement Point d and add Point dd after Point d as follows:

“d) The transferee shall have to pay the holder of exclusive right to use the invention a compensation under the agreement, or in accordance with the Government’s regulations in cases of failing to reach an agreement; except for cases where the right to use the invention is transferred under a compulsory decision to import pharmaceuticals under the mechanism of a treaty to which the Socialist Republic of Vietnam is a contracting party, and the compensation for the use of the invention transferred under a compulsory decision has been paid in the exporting country;

dd) Such transferred use right is mainly to supply the domestic market, except for the cases specified at Points d and dd, Clause 1, Article 145 of this Law.”.

58. To amend and supplement Clause 1, Article 147 as follows:

“1. The Ministry of Science and Technology shall issue decisions on transfer of the right to use inventions based on the consideration of requests for transferring the use right in the cases specified at Points b, c and d, Clause 1, Article 145 of this Law.

Ministries and ministerial-level agencies shall issue decisions on transfer of the right to use inventions in domains under their respective management in the cases specified at Points a and dd, Clause 1, Article 145 of this Law after consulting opinions of the Ministry of Science and Technology.”.

59. To amend and supplement Clause 1, Article 153 as follows:

“1. Industrial property representatives shall have the following responsibilities:

a) To notify fee and charge amounts and rates, which are related to procedures for establishment and protection of industrial property rights of clients;

b) To keep confidential information and documents related to cases of their representation;

c) To truthfully and adequately inform notices and requests of the State agency competent to establish and protect industrial property rights; to deliver on time protection titles and other decisions to the represented parties;

d) To promptly carry out requests of the State agency competent to establish and protect industrial property rights in favor of the represented parties to protect their rights and lawful interests;

dd) To notify the State agency competent to establish and protect industrial property rights of changes in the names, addresses of and other information on the represented parties when necessary.”.

60. To amend and supplement Article 154 as follows:

Article 154. Conditions for industrial property representation service business

1. Law-practicing organizations, cooperatives or enterprises, or scientific and technological service organizations that are established and operating in accordance with law regulations and have at least an individual possessing an industrial property representation service-practicing certificate shall be allowed to conduct the industrial property representation service business as industrial property representation service organizations, except for cases specified in Clause 2 of this Article.

2. Foreign law-practicing organizations that practice law in Vietnam must not conduct the industrial property representation service business.”.

61. To amend and supplement Clause 2, to add Clause 2a after Clause 2, Article 155 as follows:

“2. Individuals who satisfy the following conditions shall be granted industrial property representation service-practicing certificates, except for cases specified in Clause 2a of this Article:

a) Being Vietnamese citizens with full capacity for civil acts;

b) Residing permanently in Vietnam;

c) Possessing a bachelor’s degree or the equivalent for cases practicing in the domains of trademarks, geographical indications, trade names, repression of unfair competition, trade secrets; holding a bachelor’s degree or the equivalent in a natural science or technical science, for cases practicing in the domains of inventions, industrial designs, layout-designs;

d) Having personally conducted legal activities related to industrial property for 5 years or more, or personally appraised various applications for registration of industrial property at a national or international industrial property office for 5 years or more, or graduated from a training course on the law of industrial property as recognized by a competent agency;

dd) Being other than civil servants, public employees or employees currently working in State agencies competent to establish and protect industrial property rights;

e) Having passed an examination of the profession of representing industrial property rights, organized by a competent agency.

2a. Vietnamese citizens being lawyers that are permitted to practice in accordance with the Law on Lawyers and reside permanently in Vietnam shall be granted an industrial property representation service-practicing certificate in the domains of trademarks, geographical indications, trade names, repression of unfair competition, trade secrets if having graduated from training courses on industrial property law recognized by competent agencies.”.

62. To amend and supplement Clause 2, Article 156 as follows:

“2. In case an industrial property representative no longer satisfies the business or practice conditions specified in Articles 154 and 155 of this Law, the State management agency in charge of industrial property rights shall revoke the industrial property representation service-practicing certificate, the delete the name of such industrial property representative in the national register of industrial property and publish such deletion in the Official Gazette of Industrial Property.”.

63. To amend and supplement Clause 2, Article 157 as follows:

“2. Organizations and individuals defined in Clause 1 of this Article include Vietnamese organizations and individuals; organizations and individuals of foreign countries which are member countries of the International Union for the Protection of New Varieties of Plants or have concluded with the Socialist Republic of Vietnam agreements on the protection of plant varieties; foreign individuals that have permanent residence addresses in Vietnam or have establishments producing or trading in plant varieties in Vietnam; foreign organizations that have establishments producing or trading in plant varieties in Vietnam; organizations and individuals that have permanent residence addresses or have establishments producing or trading in plant varieties in the territory of member countries of the International Union for the Protection of New Varieties of Plants.”.

64. To amend and supplement Article 158 as follows:

Article 158. General conditions for plant varieties eligible for protection

Plant varieties eligible for protection mean those which have been selected and bred or discovered and developed, and are new, distinct, uniform, stable and designated by proper denominations.”.

65. To amend and supplement a number of points and clauses of Article 163 as follows:

a) To amend and supplement Clause 1 as follows:

“1. An organization or individual registering rights to plant varieties must designate with the State management agency in charge of rights to plant varieties a proper denomination for a plant variety which must be the same as the denomination already registered for protection in any member country of the International Union for the Protection of New Varieties of Plants and in any country which has concluded with the Socialist Republic of Vietnam an agreement on the protection of plant varieties.”;

b) To amend and supplement Point a, Clause 3 as follows:

“a) They consist of numerals only, unless such numerals are relevant to characteristics or the breeding of such varieties or include the name of the species of such varieties;”

c) To amend and supplement Point c, Clause 3 as follows:

“c) They may easily cause misleading as to features, characteristics or value of such varieties;”;

d) To add Clause 6 after Clause 5 as follows:

“6. In case the denomination for a plant variety registered for protection does not satisfy the requirements specified in Clauses 2 and 3 of this Article, the State management agency in charge of rights to plant varieties shall refuse such denomination and request the registrant to propose another denomination within thirty days from the date of issuing the notice. The State management agency in charge of rights to plant varieties shall record the official name of the plant variety from the time of granting the plant variety protection title.”.

66. To amend and supplement Article 164 and Article 165 as follows:

Article 164. Registration of rights to plant varieties

1. To obtain protection of rights to plant varieties, organizations and individuals must submit their applications for protection registration to the State management agency in charge of rights to plant varieties.

2. Organizations and individuals having the right to register plant variety protection (hereinafter referred to as registrants) include:

a) Breeders who have personally selected and bred or discovered and developed the plant varieties with their own efforts and expenses;

b) Organizations and individuals that fund breeders to select and breed or discover and develop plant varieties in form of job assignment or hiring, unless otherwise agreed upon, or except cases specified in Clauses 3 and 4 of this Article;

c) Organizations and individuals that are transferred or inherit the right to register for protection of plant varieties.

3. For the selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks wholly funded by the State budget, the right to register for such plant varieties shall be assigned to the organizations presiding over such tasks automatically and without compensation.

4. For the selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks funded by different capital sources, including the State budget, portion of the right to register for such plant varieties corresponding to the portion invested by the State budget shall be assigned to the presiding organizations automatically and without compensation.

Article 165. Rights-to-plant varieties representation

1. Vietnamese organizations and individuals; foreign organizations and individuals permanently residing in Vietnam or having establishments producing or trading in plant varieties in Vietnam shall submit their applications for registration of rights to plant varieties directly or through rights-to-plant varieties representation service organizations; other organizations and individuals specified in Article 157 of this Law shall submit their applications via rights-to-plant varieties representation service organizations.

2. Organizations that satisfy the following conditions may provide services of representing rights to plant varieties as rights-to-plant varieties representation service organizations:

a) Being Vietnamese law-practicing organizations, cooperatives or enterprises, or scientific and technological service organizations that are established and operating in accordance with law regulations, except for foreign law-practicing organizations that practice law in Vietnam;

b) Having at least an individual possessing a rights-to-plant varieties representation service practice certificate.

3. Rights-to-plant varieties representation services include: represent organizations and individuals before competent State agencies to establish and protect rights to plant varieties; provide the advice on procedures for establishing and protecting rights to plant varieties; provide other services related to the procedures for establishing and protecting rights to plant varieties.

4. Rights-to-plant varieties representatives shall be responsible for:

a) Notifying fee and charge amounts and rates, which are related to procedures for establishment and protection of rights to plant varieties of clients;

b) Keeping confidential information and documents related to cases of their representation;

c) Truthfully and adequately informing notices and requests of the State agency competent to establish and protect rights to plant varieties; delivering on time plant variety protection titles and other decisions to the represented parties;

d) Promptly carrying out requests of the State agency competent to establish and protect rights to plant varieties in favor of the represented parties to protect their rights and lawful interests;

dd) Notifying the State agency competent to establish and protect rights to plant varieties of changes in the names, addresses of and other information on the represented parties; changes in the names, addresses and representatives of the representing parties;

e) Rights-to-plant varieties representation service organizations must bear civil liabilities toward persons performing the rights-to-plant varieties representation on their behalf.

5. Individuals shall be allowed to provide services of representing rights to plant varieties when satisfying the following conditions:

a) Possessing a rights-to-plant varieties representation service practice certificate;

b) Working in a rights-to-plant varieties representation service organization.

6. Individuals who satisfy the following conditions will be granted rights-to-plant varieties representation service practice certificates:

a) Being Vietnamese citizens with full capacity for civil acts;

b) Residing permanently in Vietnam;

c) Possessing a bachelor’s degree or the equivalent;

d) Having personally conducted legal activities related to rights to plant varieties for five years or more, or personally appraised various applications for registration of rights to plant varieties in a national or international office for rights to plant varieties for five years or more, or graduated from a training course on the law on rights to plant varieties as recognized by a competent agency;

dd) Being other than civil servants, public employees or employees currently working in State agencies competent to establish and protect rights to plant varieties;

e) Having passed an examination of the profession of representing rights to plant varieties, organized by a competent agency.

7. The Government shall detail the training program of the law on rights to plant varieties, examination of the profession of representing rights to plant varieties, and grant of rights-to-plant varieties representation service practice certificates.”.

67. To add Clause 6 after Clause 5, Article 170 as follows:

“6. The Government shall detail the order and procedures for termination, restoration and invalidation of plant variety protection titles.”.

68. To amend and supplement Point a, Clause 1, Article 171 as follows:

“a) The plant variety protection registration application is registered by a person who does not have the registration right;”.

69. To add Clause 3 after Clause 2, Article 172 as follows:

“3. The Government shall detail the order and procedures for amendment and re-grant of plant variety protection titles.”.

70. To amend and supplement Point d, Clause 3, Article 176 as follows:

“d) Notifying the acceptance of the application in cases such application is valid or the registrant has properly corrected the errors or made a justifiable opposition to the notice as specified at Point b of this Clause, in which requesting the registrant to supply samples of the variety to the testing institution for performance of technical tests within thirty days before the first growing season from the date the notice of acceptance of plant variety protection registration application is issued, except for cases where the plant variety is tested by the registrant himself as specified in Clause 2, Article 178 of this Law.”.

71. To amend and supplement Clause 2, Article 180 as follows:

“2. From the moment the registrant withdraws the protection registration application, all subsequent procedures related to such application shall be terminated.”.

72. To amend and supplement Article 183 as follows:

“Article 183. Grant of plant variety protection titles

In cases a protection registration application is not rejected as specified in Article 182 of this Law and the registrant pays the fee, the State management agency in charge of rights to plant varieties shall decide to grant a plant variety protection title and record it in the national register of protected plant varieties.

A person who register the rights to plant varieties as prescribed in Article 164 of this Law and is granted a plant variety protection title by the competent State agency shall be the holder of rights to plant varieties.”.

73. To amend and supplement Clause 2, Article 189 as follows:

“2. In cases the registrant is aware of the fact that another person commits the acts prescribing in Articles 186 and 187 of this Law for the plant variety registered for protection, from the time the acceptance of validity of the registration application for protection of the plant variety is published, the plant variety protection registrant may notify in writing that user of the fact that a registration application for protection of the plant variety has been submitted, clearly specifying the submitting date and the date of acceptance of validity of such protection registration application, so that the latter shall stop or continue using the plant variety.”.

74. To amend and supplement Article 191 and add Articles 191a and 191b after Article 191 in Section 2, Chapter XIV, Part Four as follows:

“Article 191. Obligations of plant variety protection title holders

1. Except for the cases specified in Clause 2 of this Article, a plant variety protection title holder has the obligation of paying remunerations to the breeder of plant variety as agreed upon; in the absence of such agreement, the remuneration level payable to the breeder shall be as follows:

a) 10% of pre-tax profit earned by the plant variety protection title holder from the use of the protected plant variety for production and business;

b) 15% of the total amount received by the plant variety protection title holder in each payment due to the transfer of the right to use the plant variety before the payment of tax as prescribed;

c) 35% of the total amount received by the plant variety protection title holder for the first transfer of the rights to the plant variety before the payment of tax as prescribed and be not entitled to remuneration for the next transfer and remunerations as prescribed at Points a and b of this Clause.

2. For a plant variety that is the result of a scientific and technological task funded by the State budget, the plant variety protection title holder shall pay remuneration to the breeder in accordance with the following regulations:

a) Between 10% and 15% of pre-tax profit earned by the plant variety protection title holder from the use of the protected plant variety for production and business;

b) Between 15% and 20% of the total amount received by the plant variety protection title holder in each payment due to the transfer of the right to use the plant variety before the payment of tax as prescribed;

c) Between 20% and 35% of the total amount received by the plant variety protection title holder for the first transfer of the rights to the plant variety before the payment of tax as prescribed and be not entitled to remuneration for the next transfer and remunerations as prescribed at Points a and b of this Clause.

3. For cases of a plant variety of co-authors, the remuneration levels specified in Clauses 1 and 2 of this Article are those for co-authors; the co-authors shall themselves agree on the distribution of the remuneration paid by the plant variety protection title holder.

4. The obligation to pay remuneration to the breeders shall exist throughout the term of protection of the plant varieties.

5. To pay the validity maintenance fee of the plant variety protection titles to the plant variety protection agency within three months after the date of grant of plant variety protection titles, for the first valid year and within the first month of the next valid years, for the following valid years.

6. To preserve protected plant varieties, supply reproductive materials and information of protected plant varieties at the request of plant variety protection agency; and maintain the stability of protected plant varieties according to the traits described at the time of grant of the plant variety protection titles.

Article 191a. Obligations of presiding organizations for selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks funded by the State budget

1. To submit the application for registration of rights to a plant variety within 12 months from the date of pre-acceptance test of the scientific and technological task.

2. To pay remuneration to the breeders of plant varieties in accordance with Article 191 of this Article.

3. For a scientific and technological task of which up to 30% of the total capital is funded by the State, the after-tax profits earned from the use, transfer of use right, assignment of rights or contribution as capital of the plant variety that are corresponding to the State’s capital contribution ratio, after the remuneration of the breeder has already paid, shall be used according to the presiding organization’s financial management regulations.

4. For a scientific and technological task of which more than 30% of the total capital is funded by the State, the distribution of after-tax profits earned from the use, transfer of use right, assignment of rights or contribution as capital of the selected and bred or discovered and developed plant variety that is the result of the scientific and technological task funded by the State budget, after the remuneration of the breeder has already paid, shall comply with the following regulations:

a) In case a scientific and technological task is wholly funded by the State budget, at least 50% of the remaining profits shall be used to invest in scientific and technological activities; the remainder shall be used according to the presiding organization’s financial management regulations;

a) In case a scientific and technological task is funded by different capital sources, the remaining profits shall be distributed to the parties in proportion to their capital contribution to such scientific and technological task. The portion of profits corresponding to the State’s capital contribution ratio shall be used by the presiding organization in accordance with Point a of this Clause.

5. The presiding organization granted the plant variety protection title, which has the registration right as specified Clauses 3 and 4, Article 164 of this Law, has the obligations to exercise the rights to the plant variety in accordance with regulations, take protection measures, and submit annual reports on the exercise of rights, protection measures and the distribution of profits to the agency managing the scientific and technological task.

6. The Government shall detail this Article.”.

Article 191b. Rights of the State towards selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks funded by the State budget

1. The representative of State owner shall publicly notify within 90 days to transfer the right to register selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks funded by the State budget to organizations or individuals in need in the following cases:

a) Organizations presiding the scientific and technological tasks fail to perform the obligation specified in Clause 1 Article 191a of this Law;

b) Organizations presiding the scientific and technological tasks send a report to the representative of State owner on the fact that there is no demand for registration.

2. In case of failing to transfer the registration right to an organization or individual in need under Clause 1 of this Article, the representative of State owner shall publicly announce contents of a selected and bred or discovered and developed plant variety being the result of a scientific and technological task funded by the State budget on the portal or website of the organization managing the scientific and technological task.

3. The competent State agencies may permit other organizations and individuals to use the selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks funded by the State budget without permission from the exclusive right holders in the following cases:

a) The exclusive right holders fail to take effective measures in an appropriate period in order to use selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks of which more than 30% of the total capital is funded by the State;

b) Where the use is for public and non-commercial purposes or in service of national defense, security, disease prevention and treatment, and nutrition assurance for people or other urgent needs of the society.

4. The payment of compensation for the exclusive right holder when the competent State agency permits other organizations or individuals to use a plant variety under Clause 3 of this Article shall be carried out as follows:

a) For a selected and bred or discovered and developed plant variety that is the result of a scientific and technological task wholly funded by the State budget, organizations or individuals permitted to use the plant variety are not required to pay compensation.

b) For a selected and bred or discovered and developed plant variety that is the result of a scientific and technological task funded by different capital sources, including the State budget, organizations or individuals permitted to use such plant variety are not required to pay compensation for the use right portion corresponding to the capital portion invested by the State budget, but must pay compensation for the use right portion corresponding to the remaining investment capital. The compensation paid to the exclusive right holder shall be determined in accordance with Point d Clause 3 Article 195 of this Law.

5. The Government shall detail this Article.”.

75. To amend and supplement Clause 4, and add Clause 5 after Clause 4, Article 194 as follows:

“4. The rights to selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks funded by the State budget may only be transferred to organizations established under Vietnamese law, individuals being Vietnamese citizens and permanently residing in Vietnam. Organizations and individuals that receive the transfer of the ownership must perform the respective obligations of the presiding organizations in accordance with this Law.

5. The Government shall detail this Article.”.

76. To amend and supplement a number of clauses of Article 198 as follows:

a) To amend and supplement Points a and b, Clause 1 as follows:

“a) Applying technological measures to protect rights, publish right management information or applying other technological measures to prevent acts of infringing upon intellectual property rights;

b) Requesting organizations or individuals that commit acts of infringing upon intellectual property rights to terminate their infringing acts, remove and delete violating contents in the Internet and telecommunications network environment, make public apologies or rectifications and pay damages;”;

b) To add Clause 1a after Clause 1, to amend and supplement Clauses 2 and 3 as follows:

“1a. Intellectual property right holders may authorize other organizations or individuals to apply the measures specified in Clause 1 of this Article to protect their intellectual property rights.

2. Organizations and individuals that suffer from damage caused by acts of infringing upon intellectual property rights or discover acts of infringing upon intellectual property rights which cause damage to consumers or the society shall have the right to request competent State agencies to handle such acts in accordance with this Law and other relevant law regulations.

Organizations and individuals that inherit the copyright, rights of performers shall have the right to request competent State agencies to handle acts of infringing upon the rights specified in Clause 4 Article 19 and Point b Clause 2 Article 29 of this Law.

3. Organizations and individuals that suffer from damage or are likely to suffer from damage caused by acts of unfair competition shall have the right to request competent State agencies to apply the civil remedies provided for in Article 202 of this Law.”.

77. To add Article 198a and Article 198b after Article 198 as follows:

“Article 198a. Presumption of copyright and related rights

In civil, administrative and criminal legal proceedings on copyright and related rights, if there is no evidence to the contrary, in the absence of evidence to the contrary, copyright and related rights shall be assumed as follows:

1. Individuals and organization to be commonly named as authors, performers, producers of phonograms and/or video recordings, broadcasting organizations, producers of cinematographic works, publishing houses shall be considered as the holders of rights to such works, performances, phonograms, video recordings or broadcasts;

2. To be commonly named as specified in Clause 1 of this Article means to be named in the original of a work, first fixed copy of a performance, phonogram, video recording or broadcast and relevant documents (if any) or in the corresponding copy that are legally published in case the original of the work, first fixed copy of the performance, phonogram, video recording or broadcast and relevant documents no longer exist;

3. Individuals and organizations specified in Clause 1 of this Article are entitled to copyright and related rights.

Article 198b. Legal liability related to copyright and related rights of enterprises providing intermediary services

1. An intermediary service provider means an enterprise that provides technical means for organizations and individuals to use the service of putting digital information contents in the Internet and telecommunications network environment; provides online connectivity for the public to access and use digital information contents in the Internet and telecommunications network environment.

2. Enterprises providing intermediary services shall be responsible for implement technical measures, coordinate with competent State agencies and rights holders in performing measures to protect copyright and related rights in the Internet and telecommunications network environment.

3. Enterprises providing intermediary services shall be exempted from legal liability for the acts of infringing upon copyright and related rights in the Internet and telecommunications network environment related to the provision or use of their services in the following cases:

a) They only carry out the transmission of digital information contents or provide the access to digital information contents;

b) When performing the function of buffer storage in the process of information transmission, the enterprises providing intermediary services must perform it automatically and temporarily for the purpose of transferring information and making the transmission of information more effective, under the following conditions: transform information only for technological reasons; comply with the conditions of access to and use of digital information contents; comply with rules for updating digital information contents that are specified in detail according to a method widely recognized and used in the industry; do not prevent the lawful use of technology that is widely recognized in the industry to obtain data on the use of digital information contents; remove the digital information contents or deny the access to the digital information contents when learning that such digital information contents have been removed at their originating source or their originating source has canceled the access to such digital information contents;

c) Store digital information contents of service users at the request of the service users but: do not know that such digital information contents infringe upon copyright and related rights; quickly remove or prevent access to such digital information contents upon learning that such digital information contents infringe upon copyright or related rights;

d) Other cases as prescribed by the Government.

4. Enterprises providing intermediary services that are exempted from legal liability as specified in Clause 3 of this Article must not monitor its own service or proactively seek evidence of acts of infringement.

5. Digital information contents specified in this Article are works and subject matters of related rights protected under this Law that are expressed in digital form.

6. The Government shall detail this Article.”.

78. To amend and supplement a number of clauses of Article 201 as follows:

a) To amend and supplement Clause 1 and add Clause 1a after Clause 1; amend and supplement Clause 2 and add Clause 2a after Clause 2 as follows:

“1. Intellectual property assessment means the use by organizations or individuals defined in Clauses 2 and 3 of this Article of their professional knowledge and expertise to assess and make conclusion on matters related to intellectual property rights. The judicial assessment of intellectual property shall comply with law regulations on judicial assessment.

1a. Intellectual property assessment includes:

a) Assessment of copyright and copyright-related rights;

b) Assessment of industrial property rights;

c) Assessment of rights to plant varieties.

2. Enterprises, cooperatives, non-business units or law-practicing organizations, which are established and operate in accordance with law regulations and have at least an individual possessing an intellectual property assessor card, may perform the intellectual property assessment, except for cases specified in Clause 2a of this Article.

2a. Foreign law-practicing organizations that practice law in Vietnam must not conduct the intellectual property assessment service business.”;

b) To amend and supplement Clauses 4 and 5 as follows:

“4. Principles of assessment include:

a) Comply with the law, follow the order and procedures of assessment;

b) Truthfulness, accuracy, objectiveness, impartiality and timeliness;

c) Making of professional conclusions only on matters within the requested scope;

d) Responsibility before law for assessment conclusions;

dd) Assessment charge shall be agreed upon by the assessment requesters and organizations or individuals performing the assessment.

5. Assessment conclusions shall be one of the sources of evidence for the competent agencies to settle the cases. Assessment conclusions do not conclude the infringement of intellectual property rights or conclude the dispute.”.

79. To amend and supplement Articles 212, 213 and 214 as follows:

“Article 212. Acts of infringing upon industrial property rights which shall be criminally handled

Individuals or commercial legal persons that commit acts of infringing upon intellectual property rights involving elements which constitute a crime shall be examined for penal liability.

Article 213. Intellectual property counterfeit goods

1. Intellectual property counterfeit goods referred to in this Law include goods bearing counterfeit trademarks and goods bearing counterfeit geographical indications and pirated goods defined in Clauses 2, 3 and 4 of this Article.

2. Goods bearing counterfeit trademarks means are goods or their packages bearing trademarks or signs or stamps, labels with signs identical with, or similar signs indistinguishable from, trademarks currently protected for those very goods without permission of mark owners.

3. Goods bearing counterfeit geographical indications are goods or their packages bearing signs or stamps, labels with signs identical with, or similar signs indistinguishable from, geographical indications currently protected for those very goods and such bearing is carried out by organizations or individuals that do not have the right to use such geographical indications as specified in Clause 4, Article 121 of this Law or the law of the countries of original of such geographical indications.

4. Pirated goods are copies made without the permission of the copyright holder or related right holder.

Article 214. Forms of administrative sanction and remedial measures

1. Organizations and individuals that commit acts of infringing upon intellectual property rights defined in Clause 1, Article 211 of this Law shall be imposed sanctions and remedial measures in accordance with law regulations on handling of administrative violations.

2. In addition to the sanctions and remedial measures prescribed by law regulations on handling of administrative violations, organizations and individuals infringing upon intellectual property rights are also subject to the remedial measure of forcible distribution or use for non-commercial purposes of intellectual property counterfeit goods as well as raw materials, materials and means used mainly for the production or trading of these intellectual property counterfeit goods, provided that the distribution or use does not affect the exploitation of rights by intellectual property right holders and meets other conditions as specified by the Government.

3. Administrative sanctioning levels and the competence to sanction administrative violations for infringements upon intellectual property rights shall comply with law regulations on handling of administrative violations.”.

80. To amend and supplement a number of clauses of Article 216 as follows:

a) To amend and supplement Clause 2 as follows:

“2. Suspension of customs procedures for goods suspected of infringing upon intellectual property rights means a measure taken in the following cases:

a) At the request of intellectual property right holders in order to collect information and evidence on goods lots in question so that the intellectual property right holders can exercise the right to request the handling of infringing acts and request the application of provisional urgent measures or preventive measures to secure the administrative sanctioning;

b) Customs offices shall proactively apply the suspension if during the process of inspection, supervision and control, there are evident grounds to suspect that imported or exported goods are intellectual property counterfeit goods.”;

b) To add Clause 5 after Clause 4 as follows:

“5. The Government shall detail Point b, Clause 2 of this Article.”.

81. To add Clause 4 after Clause 3, Article 218 as follows:

“4. In the event that a customs office proactively suspends the customs procedures, the customs office must immediately notify such suspension to the intellectual property right holder if the contact information is available and to the importer or exporter.

Within ten working days from the date of notification, if the intellectual property right holder does not initiate civil lawsuit and the customs office does not decide to accept the case for handling of administrative violations, the customs office shall be responsible for continuing to carry out customs procedures for the goods lot.”.

82. To replace or remove words or phrases in a number of articles as follows:

a) To replace the phrase “plastic-art works” with the phrase “art works” at Point g Clause 1 Article 14;

b) To replace the phrase “performances” with the phrase
“related rights” and remove the phrase “Clause 1” in Clause 2, Article 16;

c) To replace the phrase “Article 86” with the phrase “Article 86, Article 86a” in Clause 3 Article 60, Clause 4 Article 65 and Clause 2 Article 71;

d) To replace the phrase “the validity maintenance fee” with the phrase “the validity maintenance charge or fee” in Clause 1 Article 94;

dd) To replace the phrase “the validity prolongation fee” with the phrase “the validity prolongation charge or fee” in Clause 2 Article 94;

e) To replace the word “fees” with the phrase “charges and fees” in Clause 3 Article 94;

g) To replace the phrase “submitting fee” with the phrase “charge and fee” at Point c Clause 1 Article 108;

h) To replace the phrase “enforcement” with the word “protection” at Point a Clause 1 Article 151;

i) To replace the word “enforcement” with the word “protection” at Points b and c Clause 1 Article 151;

k) To replace the word “vines” with the phrase “woody vines” in Article 159 and Clause 2 Article 169;

l) Remove the phrase “Point b and” at Point a Clause 3 Article 176;

m) Remove the phrase “Point a Clause 1” in Clause 2 Article 185;

n) Remove the phrase “in Article 79” in Clause 1 Article 203;

o) Remove the phrase “in Clause 1 Article 122” in Clause 1 Article 209;

p) Remove the phrase “in Chapter VIII, Part One” in Article 210;

q) Remove the phrase “and Article 215” in Clause 4 Article 216 and Article 219.

83. To repeal Clause 19 Article 4, Article 5, Clause 3 Article 51, Clause 4 Article 117, Point b Clause 2 Article 176 and Article 215.

Article 2. Amending and supplementing a number of articles of other relevant laws

1. To amend and supplement a number of articles of the Law No. 54/2014/QH13 on Customs that is amended and supplemented by the Law No. 71/2014/QH13 and Law No. 35/2018/QH14 as follows:

a) To amend and supplement the title of Section 8, Chapter III as follows:

“Section 8

INSPECTION, SUPERVISION, SUSPENSION OF THE PERFORMANCE OF CUSTOMS PROCEDURES FOR EXPORTED AND IMPORTED GOODS RELATED TO THE INTELLECTUAL PROPERTY RIGHTS”;

b) To amend and supplement Clause 2, Article 73 as follows:

“2. Customs offices may decide to temporarily stop carrying out customs procedures for imported or exported goods when intellectual property rights holders or legally authorized persons make written requests and show evidence of their lawful holding of intellectual property rights and evidence of infringements thereupon and have paid a deposit or produced documents on guarantee by credit institutions as security for payment of damage compensation and expenses as prescribed by law regulations which may arise due to wrong requests for suspension of the performance of customs procedures. Customs offices shall proactively suspend the performance of customs procedures if during the process of inspection, supervision and control, there are evident grounds to suspect that imported or exported goods are intellectual property counterfeit goods.”.

2. To amend and supplement a number of articles of the Law No. 29/2013/QH13 on Science and Technology that is amended and supplemented by the Law No. 28/2018/QH14 as follows:

a) To amend and supplement Article 41 as follows:

“Article 41. Right to own or use scientific research and technological development results

1. Organizations or individuals investing money and physical-technical foundations in the performance of scientific and technological tasks are owners of scientific research and technological development results, unless otherwise agreed by parties in scientific research and technological development contracts.

2. Representatives of the State owner of results of scientific research and technological development funded with the State budget are as follows:

a) The Minister of Science and Technology acts as the representative of the owner of national scientific and technological task performance results;

b) Ministers, heads of ministerial-level agencies, government-attached agencies, other central State agencies or chairpersons of provincial-level People’s Committees act as representatives of the owner of performance results of ministerial- or provincial-level or grassroots scientific and technological tasks they have approved;

c) Heads of agencies or organizations not mentioned at Points a and b of this Clause act as representatives of the owner of performance results of scientific and technological tasks they have approved.

3. Representatives of the State owner mentioned in Clause 2 of this Article may consider assigning the whole or part of the right to own or use results of scientific research and technological development funded by the State budget under the Government’s regulations to organizations assuming the prime responsibility for performing scientific and technological tasks, or to other organizations or individuals that wish to use or exploit such results of scientific research and technological development, except for cases specified in Clause 4 of this Article.

4. In cases inventions, industrial designs, layout-designs or plant varieties are results of scientific and technological tasks funded by the State budget, the rights to register such inventions, industrial designs, layout-designs or plant varieties shall be automatically assigned to the presiding organizations and without compensation, or shall be assigned to other organizations or individuals as defined by the Law on Intellectual Property. When being granted protection titles, the presiding organizations shall be the owners of the corresponding inventions, industrial designs, layout-designs or plant varieties.

5. The Government shall detail the rights to own and use scientific research and technological development results specified in this Article.”;

b) To amend and supplement Article 43 as follows:

“Article 43. Division of profits upon use, transfer of use right, assignment or contribution as capital of results of scientific research and technological development funded by the State budget

1. At least 30% of the profit earned from the use, transfer of use right, assignment or contribution as capital of a result of scientific research and technological development funded by the State budget shall be divided to the author. The remainder will be divided among the owner, managing agency and broker in accordance with the Government’s regulations, except for cases prescribed in Clause 2 of this Article.

2. Division of profits earned from the use, transfer of use right, assignment of rights or contribution as capital of inventions, industrial designs, layout-designs and plant varieties being results of scientific and technological tasks funded by the State budget of which intellectual property rights are protected shall comply with the Law on Intellectual Property.”.

3. To amend and supplement Point a, Clause 4, Article 105 of the Law No. 15/2017/QH14 on Management and Use of Public Property that is amended and supplemented by the Law No. 64/2020/QH14 as follows:

“a) Transferring the right to use the property or the property ownership to the organizations presiding the implementation of the tasks to promote the results of tasks or using the property to commercialize results of scientific research and technological development; except for cases of results of scientific and technological tasks being inventions, industrial designs, layout-designs and plant varieties in which the transfer of rights shall comply with the Law on Intellectual Property;”.

4. To amend and supplement a number of articles of the Law 11/2012/QH13 on Price that is amended and supplemented by the Law No. 61/2014/QH13 and Law No. 64/2020/QH14 as follows:

a) To add Point d after Point c, Clause 1, Article 19 as follows:

“d) Works, phonograms and video recordings in cases of limitation of copyright, limitation of related rights as specified by the Law on Intellectual Property.”;

b) To amend and supplement Point c, Clause 3, Article 19 as follows:

c) Setting price frameworks and specific prices or charge/rent rates for:

– Land, water surface, ground water and forests under the entire people’s ownership represented by the State, and clean water for domestic use;

– Rent, lease-purchase of social houses and official-duty houses built with State budget funds; sale prices or rental rates of State-owned houses;

– Medical examination and treatment, and education and training services provided at the State’s medical examination and treatment establishments and education and training institutions;

– Royalties upon exploitation or use of works, phonograms or video recordings in cases of limitation of copyright, limitation of related rights as specified by the Law on Intellectual Property;”;

c) To add Point d after Point c, Clause 1, Article 22 as follows:

“d) Frameworks and specific rates of royalties upon exploitation or use of works, phonograms and video recordings in cases of limitation of copyright, limitation of related rights as specified by the Law on Intellectual Property.”.

Article 3. Effect

1. This Law takes effect on January 01, 2023, except for the cases specified in Clauses 2 and 3 of this Article.

2. Regulations on protection of sound trademarks take effect on January 14, 2022.

3. Regulations on protection of test data for agro-chemical products take effect on January 14, 2024.

Article 4. Transitional provisions

1. Copyright and related rights protected before the effective date of this Law shall continue to be protected under this Law if they remain in term of protection.

2. Applications for registration of copyright and related rights, which have been submitted to competent agencies before the effective date of this Law, shall continue to be handled in accordance with law regulations effective at the time of submitting such applications.

3. Applications for registration of inventions, industrial designs, trademarks and geographical indications, which have been submitted to State management agencies in charge of industrial property rights before the effective date of this Law, shall continue to be handled in accordance with law regulations effective at the time of submitting such applications, except for the following cases:

a) The provisions in Clause 13 Article 4 of the Law on Intellectual Property that are amended and supplemented under Point b Clause 1 Article 1 of this Law apply to industrial design registration applications submitted from August 01, 2020 but there is no decision on grant of, or refusal to grant a protection title before the effective date of this Law;

b) The provisions at Points e and h Clause 2 Article 74, Point e Clause 1 Article 106, Point b Clause 3 Article 117 of the Law on Intellectual Property that are amended and supplemented by Points b and c Clause 22, Clause 35 and Point b Clause 42 Article 1 of this Law apply to industrial property registration applications without any decision on grant of, or refusal to grant a protection title issued before the effective date of this Law;

c) Security control for inventions in invention registration applications for which a decision to grant or refuse to grant a protection title has not been granted before the effective date of this Law shall comply with Article 89a that is added according to Clause 27 Article 1 of this Law;

d) The provisions in Article 118 of the Law on Intellectual Property that are amended and supplemented under Clause 43 Article 1 of this Law apply to industrial property registration applications without any notice on results of content appraisal issued before the effective date of this Law.

4. The provisions in Articles 86, 86a, 133a, 135, 136a, 139, 164, 191, 191a, 191b and 194 of the Law on Intellectual Property that are amended and added according to Clauses 25, 52, 53, 54, 55, 66, 74 and 75 Article 1 of this Law, applicable to inventions, industrial designs, layout-designs and plant varieties that are results of scientific and technological tasks funded by the State budget shall apply to scientific and technological tasks assigned from the effective date of this Law.

5. Rights and obligations to an industrial design that is a part of a product for assembly into a complex product under a protection title granted on the basis of an application before August 1, 2020 shall be applied in accordance with law regulations in force before the effective date of this Law.

Grounds for invalidation of protection titles shall comply with law regulations that is applied to the consideration of grant of such protection titles.

6. Individuals granted industrial property representation service-practicing certificates before the effective date of this Law may continue to practice under their granted certificates. Individuals passing examinations on industrial property representation profession organized by competent agencies before the effective date of this Law shall be granted industrial property representation service-practicing certificates in accordance with the Law on Intellectual Property that is amended and supplemented by the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14.

7. Registration applications for protection of rights to plant varieties, which have been submitted to competent agencies before the effective date of this Law, shall continue to be handled in accordance with law regulations in force at the time of submitting such applications. Individuals granted rights-to-plant varieties representation service practice certificates before the effective date of this Law may continue to practice under their granted certificates.

8. Lawsuits over intellectual property right infringement which have been accepted by competent agencies before the effective date of this Law, but not yet settled, shall be continued processed in accordance with the Law No. 50/2005/QH11 on Intellectual Property which is amended and supplemented under the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14.

This Law was adopted on June 16, 2022, by the XVth National Assembly of the Socialist Republic of Vietnam at its 3th session.