The Law amending and supplementing a number of articles of the Law on Intellectual Property (IP) was passed on June 16, 2022 at the 3rd Session, XV National Assembly. The law takes effect from January 1, 2023, except for the provision on the protection of trademarks as sound signs effective from January 14, 2022, the regulation on the protection of test data used for agricultural products with effect from January 14, 2024. The Law amending and supplementing a number of articles of the IP Law includes 04 articles and is arranged as follows:

– Article 1. Amending and supplementing 102 articles of the IP Law (of which amending and supplementing 88 current articles, adding 14 new articles) and abolishing 02 articles.

– Article 2. Amending and supplementing a number of articles of other relevant laws, specifically: amending the 2014 Customs Law (named Section 8 Chapter III, Clause 2 Article 73); Law on Science and Technology 2013 (Article 41, Article 43); Law on Management and Use of Public Assets 2017 (Clause 4, Article 105); Price Law 2012 (Article 19, Article 22).

– Article 3. Enforceability.

– Article 4. Transitional provisions.

Contents of amending and supplementing fundamentally the copyright and related rights of the Law amending and supplementing a number of articles of the Law on Intellectual Property in 2022 are as follows:

1. To ensure clear regulations on authors, copyright owners, performers and related rights owners in cases of assignment or transfer of copyright or related rights, specifically:

– To amend and supplement a number of clauses of Article 4 (Interpretation of words): To amend the terms “derivative works”, “published works, sound recordings and video recordings”, “reproductions”, “broadcasts”; Add the terms “royalties”, “technological measures to protect rights”, “effective technological measures”, “rights management information” and “communicate to the public”;

– Addition of Article 12a (Authors, co-authors): Legislating regulations on authors, co-authors, cases other than authors or co-authors; supplementing provisions on the exercise of moral and property rights for works co-authored;

– To amend and supplement Article 19 (Moral rights): To amend the provisions on the right to protect the integrity of works from being misrepresented by others; not allow others to modify or mutilate the work in any way that harms the honor and reputation of the author; supplementing regulations stipulating that authors have the right to transfer the right to use the right to name works to organizations or individuals receiving the transfer of property rights to such works;

– To amend and supplement Article 20 (Property rights): Clarify the contents of rights to make derivative works, rights to perform, rights to copy, right to distribute, import for distribution, right to broadcast, communicate to the public, right to rent originals or copies of cinematographic works or computer programs; supplementing regulations on cases in which copyright owners do not have the right to prohibit other organizations or individuals from performing;

– To amend and supplement Article 21 (Copyright in cinematographic and theatrical works): Specifying that each group of creative participants shall enjoy rights corresponding to their contribution to the creation of cinematographic and theatrical works; legislate regulations on agreements on the naming and correction of works; supplementing regulations on copyright in cases where scripts, literary works, musical works in cinematographic or theatrical works are used independently;

– To amend and supplement Clause 1 of Article 22 (Copyright in computer programs and data collection): To meet current technological developments, expand the scope of “computer programs” to equipment operated in programming languages capable of making computers or devices perform tasks or achieve specific results; Legislate regulations on written agreements on the repair and upgrade of computer programs and stipulate cases and conditions under which organizations and individuals may make a backup copy of computer programs;

– To amend and supplement Article 29 (Rights of performers): Similar to Articles 19 and 20, amendments stipulate that performers have moral and property rights to performances; amend regulations on the right to protect the integrity of performance images from others from misrepresenting, not allowing others to modify or mutilate works in any way that harms the honor and prestige of performers; clarify the content of property rights including the right to copy, the right to broadcast, communicate to the public, the right to distribute, import for distribution, the right to commercial leasing; supplementing regulations on cases in which the owner of the right to the performance does not have the right to prohibit other organizations or individuals from performing;

– To amend and supplement Article 30 (Rights of producers of sound and video recordings): Similar to Article 20, clarify the contents of rights of producers of sound recordings and video recordings, including the right to copy, the right to distribute, import for distribution, the right to commercial leasing, the right to broadcast, etc communicate to the public; supplementing regulations on cases in which the owner of the right to a sound or video recording does not have the right to prohibit other organizations or individuals from doing so;

– To amend and supplement Article 31 (Rights of broadcasting organizations): Similar to Article 20, clarify the contents of rights of broadcasting organizations including the right to copy, distribute and import for distribution; supplementing regulations on cases in which the owner of the right to the broadcast program does not have the right to prohibit other organizations or individuals from doing so;

– Technical correction Article 36 (Copyright owners);

– To amend and supplement Article 41 (The owner of the author’s book is the person to whom the rights are assigned): Legislating regulations on anonymous works, rights and obligations related to anonymous works when the identity of the author or co-author is determined;

– Amending and supplementing Article 42 (including amending the name of Article 42 to “Copyright owner, related rights being the State”): Legislate, specifying cases in which the State is the owner of copyright and related rights; supplementing regulations on cases where the State represents the management of copyright and related rights; supplementing regulations on State representative entities exercising the rights of copyright owners;

– To amend and supplement Article 43 (including amending the name of Article 43 to “Works, performances, sound recordings, video recordings and broadcasts belonging to the public”): To specify cases where performances, sound recordings, video recordings or broadcasts belong to the public;

– To amend and supplement Article 44 (Owners of related rights): To supplement regulations on cases where the owner of the relevant right is an organization that assigns tasks to organizations or individuals belonging to their organizations, enters into contracts with other organizations or individuals, inherits related rights, be transferred one, some or all of the rights agreed upon in the contract to comply with the regulations on copyright owners;

– Supplementing Article 44a (Principles for determining and distributing royalties): Supplementing regulations on cases where co-owners of rights agree on the rate of distribution of royalties, cases of distribution of royalties to copyright owners, performers, owners of relevant rights to sound recordings, etc video recording, prescribing the grounds for determining royalties;

– Amending and supplementing Clauses 1 and 2, Article 47 (General provisions on transfer of rights to use copyrights and related rights): To amend the provisions on the transfer of the right to use moral rights specified in Clause 1, Article 19.

2. To facilitate the process of carrying out procedures for registration of copyright and related rights, specifically:

– To amend and supplement Article 49 (Registration of copyrights and related rights registration): Replace the phrase “application and accompanying dossier (hereinafter collectively referred to as application)” and the phrase “application” with the phrase “dossier”; supplementing general regulations on fees and charges when carrying out procedures for copyright registration and related rights registration and assigning the Government to detail conditions, order and procedures for issuance of copyright registration certificates and related rights registration certificates;

– Amending and supplementing Article 50 (Dossiers of copyright registration, related rights registration): Supplementing the form of online submission; supplementing information on completion time, copyright owner, information on re-issuance or exchange (if any) in the declaration or declaration signed or pointed by the author, copyright owner, relevant right owner, except in cases of physical inability to sign or point;

– Amending and supplementing Article 52 (Time limit for issuance of copyright registration certificates and related rights registration certificates): Supplementing regulations that in case of refusal to grant, a written notice clearly stating the reasons therefor must be given;

– Amending and supplementing Article 55 (Re-issuance, renewal and invalidation of copyright registration certificates and related rights registration certificates): Legislating stipulations that the time limit for re-issuance is 7 days and renewal is 12 days; supplementing regulations in case of refusal to re-grant or re-grant certificates; legislate and clearly stipulate the case of issuing a decision to invalidate the Copyright Registration Certificate or the relevant Rights Registration Certificate.

4. To ensure an adequate and balanced level of protection in the protection of copyright and related rights, specifically:

– Amending and supplementing Article 7 (Limitation of intellectual property rights): Supplementing regulations on the exercise of intellectual property rights related to the National Flag, Coat of Arms and National Anthem;

– Amending and supplementing Article 8 (State policy on intellectual property): Clarifying the State’s policy to provide financial support, tax incentives, credits and investment to encourage and promote activities of innovation, creativity and exploitation of intellectual property;

– Amending and supplementing Article 25 (including amending the name of Article 25 to “Exceptions for non-infringement of copyright”): Amending and supplementing a number of regulations on the use of published works without permission, without paying royalties in scientific research activities, study, teaching, press information, civil service activities, in the library etc .;

– Addition of Article 25a (Non-infringement exceptions for persons with disabilities): Prepare for Viet Nam’s accession to the Marrakesh Treaty on enabling visually impaired, visually disabled and other persons with reading disabilities to access published works, supplementing copyright exceptions for persons with disabilities, nurturers and caregivers of persons with disabilities and organizations meeting the conditions prescribed by the Government may copy, distribute, perform and communicate works across borders in accessible copy formats;

– Amending and supplementing Article 26 (including amending the name of Article 26 to “Copyright limitation”): Transfer current regulations on the use of works shaped on published sound and video recordings for commercial purposes in business and commercial activities in Clause 2, Article 33 to Point b, Clause 1, Article 22; supplementing the case of preferential treatment for the right to translate or copy works in accordance with the Berne Convention Annex; additional cases of exploitation and use of works that cannot be found or the rights owner cannot be identified;

– Amending and supplementing Article 32 (including amending the name of Article 32 to “Exceptions that do not infringe relevant rights”): Similar to Article 25, amending and supplementing a number of regulations on the use of performances, sound recordings, video recordings and broadcasts announced without permission, not having to pay royalties in teaching, news reporting, etc. activities that are not for commercial purposes;

– Amending and supplementing Article 33 (including amending the name of Article 33 to “Limitation of related rights”): Similar to Article 26, transferring existing regulations on the use of works shaped on published sound and video recordings for commercial purposes in business activities, trade in Clause 2, Article 33 on Point b, Clause 1, Article 26; additional cases of exploitation and use of sound or video recordings that cannot be found or the right owner cannot be identified.

5. To enhance the effectiveness of support activities on copyright and related rights, specifically:

– To amend and supplement Article 56 (Collective representative organization of copyright and related rights): Regulations clarifying principles of organization, operation, rights and obligations of collective representative organizations of copyright and related rights in accordance with international practices such as formulating lists of works, authors…, formulating schedules and methods of royalty payment, collection and distribution of royalties, reporting activities, international cooperation, establishment of organizational structure, etc.; Legislating provides for an agreement for an organization to negotiate a license to use, collect and distribute royalties on its behalf; supplementing provisions in case the author or right owner has authorized to distribute royalties after the prescribed search period;

– Amending and supplementing Article 201 (IP assessment): Adding text to clarify the distinction between judicial assessment of IP (according to the law on judicial assessment) and IP assessment; amend regulations on conditions for assessment activities that only at least 01 individual must have an assessor’s card (no need to be the head or authorized by the head); supplementing the principles of assessment implementation and the legal validity of assessment conclusions.

6. To improve the effectiveness of the enforcement and protection of copyright and related rights, specifically:

– Amending and supplementing Article 28 (Acts of copyright infringement): Amending and supplementing regulations on infringement under rights specified in Articles 19, 20, 25, 26 of this Law and other infringements related to technological measures to protect rights and rights management information, responsibilities of enterprises providing intermediary services;

– To amend and supplement Article 35 (Infringement of related rights): Similar to Article 28, amendments and supplements stipulate acts of infringement under related rights specified in Articles 29, 30, 31, 32, 33 of this Law and other infringements related to technological measures to protect rights, rights management information rights management information and responsibilities of intermediary service providers;

– Amending and supplementing a number of points and clauses of Article 198 (Right to self-protection): Supplementing regulations on contents related to technological measures to protect rights and rights management information, requesting removal and deletion of infringing contents in the telecommunications network environment and the Internet; legislate provisions on authorization to apply self-protection measures; supplementing regulations on the right to request handling of acts of infringement on personal rights of organizations and individuals inheriting copyright and rights of performers;

– Amending and supplementing Article 212 (Infringement of IP rights subject to criminal penalties): Supplementing the provision that commercial legal entities may also be subject to criminal penalties to conform to the Penal Code;

– Amending and supplementing Article 214 (Penalties for administrative violations and remedies): Remove provisions for reference to the law on handling administrative violations, retaining only specific remedies in the field of IP (distribution for non-commercial purposes);

– Repeal Article 215 (Measures to prevent and ensure administrative sanctions) as these measures are already stipulated in the law on sanctioning administrative violations.

7. To ensure the full and serious implementation of Vietnam’s international commitments on the enforcement and protection of copyright and related rights in the integration process, specifically:

– Supplementing Article 198a (Assumption on copyright and related rights): specifying cases to be considered rights holders for works, performances, sound recordings, video recordings or broadcasting organizations; legislate regulations clarifying naming in the usual way to be consistent with commitments in Article 18.72 of the CPTPP Agreement and Article 12.54 of the EVFTA Agreement;

– Supplementing Article 198b (Liability for copyright and related rights for enterprises providing intermediary services): Supplementing regulations explaining intermediary service providers, specifying cases of exemption from liability for copyright infringement, related rights; stipulate the responsibilities of this enterprise in implementing measures to protect copyright and related rights in accordance with the commitments in Article 12.55 of the EVFTA Agreement;

– To amend and supplement Article 216 (Control measures for imported and exported goods related to IP): Supplementing regulations on customs authorities to proactively suspend customs procedures if during the process of carrying out inspection, supervision and control detect clear grounds for suspicion of exported goods, imports are counterfeit IP goods to comply with commitments in Article 18.76.5 of the CPTPP Agreement;

– Amending and supplementing Article 218 (Procedures for applying measures to suspend customs procedures): Additional responsibilities of customs authorities if they actively suspend customs procedures to comply with commitments in Article 18.76.5 of the CPTPP Agreement./.