Are there any new provisions from the revised Intellectual Property Law that enterprises should be aware of? Let’s deepen the knowledge with SBLAW to ensure the rights for the business.
You are a person who often works in the field of exclusive, creative or composed product business, aren’t you? You want to protect the rights of your own works and trademarks? So, you should know the 4 new provisions of amended Intellectual Property Law as follows:
At the 7th session on 14 June, 2019, the National Assembly of the Socialist Republic of Vietnam Legislature XIV passed the Law on amendments and supplementation to Intellectual Property Law 2005. And, this new revised law takes effect on 1 November 2019. What is the highlight after this renovation? If you’re interested in, please follow along right after this article!
Trademarks not used for 5 years will lapse
After having registered the rights for a label, the owner must constantly use it. Because, according to new regulation from the amended IP Law, if you do not perform this obligation for 5 years, the Certificate of Trademark Registration will be invalidated. Mindfully, the use of a trademark from a transferee under a contract is also considered as trademark owner’s use.
Trademark using contracts do not need to be registered with State agencies
As before, licensing contracts between the parties must be submitted to the State agency. But from January 14, 2019, you don't need to register at the National Office of Intellectual Property anymore. They naturally have legal effect on a third party. This is one of the great benefits for the applicants. However, contracts for the use of industrial property objects established in accordance with the law must still be registered at State agencies on industrial property rights in order to have legal validity for a third party.
The criteria establishing industrial property rights to geographical indications have changed
Accordingly, industrial property rights to the geographical indications from the amended IP Law are established as follows:
- Based on the decision of the competent authority to issue a protection title in accordance with the registration procedures prescribed in the Intellectual Property Law.
- Based on the international treaties in which the Socialist Republic of Vietnam is a member.
The period of filing patent applications that will not be considered as loss of novelty extended from 6 months to 1 year
Specifically, instead of 6 months as before, the new regulation has allowed the filing of a patent application to last up to 1 year and it’s not still considered as losing novelty. At the same time, the scope of applicants is becoming wider than the old rule. In addition, the Intellectual Property Law also emphasizes that these patent applications must be filed in Vietnam and disclosed by:
- People who have the right to register inventions in accordance with the law.
- The person who receives patent information directly or indirectly from the people having right to register above.
There are the new and noteworthy provisions from the revised IP Law that we would like to share to readers. Hopefully, they bring you a lot of great knowledge. If you have any questions, you could contact SBLAW for details! SBLAW is a famous law office in both Hanoi and Ho Chi Minh City, possesses long experience in this field with many talented and professional lawyers. We make sure to give you the clearest, most diverse legal services. Whether it is Intellectual Property or Contract Consulting, Foreign Investment, ... All of them are comprehensive, accurate, fast and affordable. SBLAW - "Beyond Satisfaction", ready to support customers with the most professional and enthusiastic attitude!
