Minister of Science and Technology Huynh Thanh Dat presented a report on the draft Law amending and supplementing a number of articles of the Intellectual Property Law. Photo: Industry and Trade newspaper

This amendment and supplementation of the IP Law is an urgent requirement

Under the authorization of the Prime Minister, presented a report on the draft Law amending and supplementing a number of articles of the Intellectual Property Law on the afternoon of October 21, Minister of Science and Technology Huynh Thanh Dat said. Intellectual property is an important factor for socio-economic development because intellectual property has great value in the knowledge economy, is a resource for business development and a competitive tool of businesses and the economy.

After 16 years of implementation since its promulgation in 2005, the Law on Intellectual Property has played a role in regulating legal relations for this special type of property. “However, the current development landscape has changed a lot compared to 2005. Vietnam is no longer a purely "user of intellectual property" but is shifting sharply to a country that creates these assets for  for the growth model in depth," said Minister Huynh Thanh Dat.

The amendments and supplements to the Law on Intellectual Property in 2009 and 2019 are not significant, have not created a strong motivation for research and innovation, and have not yet ensured an adequate and effective legal framework consequences for the protection, exploitation and protection of intellectual property. Therefore, the amendment and supplementation of this Law on Intellectual Property is an urgent requirement for Vietnam's socio-economic development.

This has been reflected in the guidelines and lines of the Party and the State's policies on perfecting a socialist-oriented market economy, industrialization and modernization to actively participate in the fourth industrial revolution, rapid and sustainable development based mainly on science and technology, innovation and digital transformation.

According to Minister Huynh Thanh Dat, the development of the Law project was carried out in accordance with the order and procedures specified in the Law on Promulgation of Legal Documents, including the following steps: Establishing a Drafting Committee and Editorial Team practice; draft; organize conferences and seminars, send official letters to ask for opinions of relevant agencies and organizations; consult widely with agencies, organizations and individuals; Appraisal of the Law project dossier; submit to the Government for comments on the Law project dossier and complete the dossier for submission to the National Assembly.

Accordingly, the Draft Law amending and supplementing 92 articles (of which 12 articles are added, 80 articles are revised) and 02 articles are annulled, bringing the total number of articles of the Intellectual Property Law after amendment to 232 articles, 7 groups of policies have been approved. Specifically, ensure clear regulations on authors, copyright holders, performers and related rights holders in cases of assignment or transfer of copyright and related rights.

At the same time, to encourage the creation, exploitation and dissemination of inventions, industrial designs and layout designs generated from the State budget; facilitate the process of carrying out procedures for registration of copyright and related rights, and procedures for establishing industrial property rights; ensure an adequate and balanced level of protection of intellectual property rights. Along with that, enhancing the effectiveness of support activities on intellectual property; improve the efficiency of intellectual property rights protection activities; ensure the full and serious implementation of Vietnam's international commitments on intellectual property protection during the integration process.

Presenting the inspection report on the draft Law amending and supplementing a number of articles of the Intellectual Property Law, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that the Law Committee approved the amendment of the Law for the reasons as stated in the Government's Report. The documents in the Law project dossier have met the requirements specified in Article 64 of the Law on Promulgation of Legal Documents and are eligible to be submitted to the National Assembly for consideration and comments at the Second Session.

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