Innovation in thinking and methods of state management of intellectual property activities

Continuing the meeting program, on the afternoon of October 27, the National Assembly listened to the Presentation and Report on the review of the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.

Briefly presenting the draft Law, Minister of Science and Technology Nguyen Manh Hung said that the promulgation of the Law amending and supplementing a number of articles of the Law on Intellectual Property aims to create a solid and favorable legal corridor for intellectual property protection activities, especially in a number of fields where Vietnam has potential and advantages; promote innovation, develop the intellectual property market; create a favorable environment for receiving, absorbing, mastering and applying advanced scientific and technological achievements.

The viewpoint of building the Law is to institutionalize and promptly concretize the Party's policies, ensure the unity and synchronization of the legal system and international commitments; resolve legal gaps in the face of new development trends; identify problems to promptly amend and remove them, creating favorable conditions for the establishment and exploitation of intellectual property rights; innovate thinking and methods of state management of intellectual property activities, and reduce the burden of administrative procedures for relevant organizations and individuals.

The draft Law amending and supplementing the provisions of the Law on Intellectual Property focuses on five main policy groups: Supporting the creation and commercial exploitation of intellectual property objects to promote innovation; simplifying administrative procedures, facilitating the registration and establishment of intellectual property rights; improving the effectiveness of intellectual property protection activities; ensuring full implementation of Vietnam's international commitments on intellectual property protection in the integration process; updating new issues in intellectual property protection in the world in accordance with Vietnam's policies and socio- economic development level.

Notably, the draft Law does not create new administrative procedures and ensures consistency with the Party and State's guidelines and policies and legal regulations on decentralization, decentralization, application and promotion of science and technology development, innovation and digital transformation, ensuring gender equality and ethnic policies.

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung. Photo: Doan Tan/VNA

According to the Report on the review of the draft Law, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung expressed his approval of the necessity and purpose of developing a Law amending and supplementing a number of articles of the Law on Intellectual Property stated in the Government's Submission. The draft Law dossier has been seriously and elaborately prepared by the Government, meeting the provisions of the Law on Promulgation of Legal Documents. The content of the draft Law is consistent with the Party's policies and guidelines; ensures constitutionality, basically ensures the unity of the legal system, and compatibility with relevant international treaties to which Vietnam is a member.

The National Assembly's Committee on Law and Justice basically agreed with the content of the financial policy based on intellectual property rights; at the same time, it requested clarification of the content "not meeting the conditions for recording asset value in accounting books" according to which law and what is the "separate management" mechanism for intellectual property rights to ensure transparency, strictness and feasibility in implementation.

The National Assembly's Committee on Law and Justice requested the drafting agency to continue researching, reviewing and perfecting the provisions of the draft Law related to artificial intelligence to meet the development requirements, protect the rights and legitimate interests of intellectual property rights holders; meet the requirements of innovation in legislative thinking, strengthen decentralization, delegation of power and digital transformation in state management of intellectual property.

Regarding the granting of certificates to collective management organizations of copyright and related rights (amending Article 56 of the Law on Intellectual Property), the National Assembly's Committee on Law and Justice proposed not to stipulate additional content on criteria (Clause 1a) and administrative procedures for "recognition" by competent state agencies (Clause 1b) for collective management organizations of copyright and related rights to avoid duplication and conflict with the provisions of the current Law on Intellectual Property; at the same time, not to create administrative procedures for the establishment of collective management organizations of copyright and related rights.

The draft Law supplements the provision that copyright and related rights representation service organizations are conditional investment and business sectors. The National Assembly's Committee on Law and Justice recommends carefully assessing the policy impact compared to the requirement to reduce investment and business conditions according to Resolution No. 68-NQ/TW dated May 4, 2025 of the Politburo on private economic development. In case the above provision is still added, it is recommended to supplement the transitional content in Article 3 of the draft Law to be appropriate and complete.

In addition, the National Assembly's Committee on Law and Justice proposed adding regulations on the responsibility of intermediary enterprises in providing information to identify and identify subjects infringing intellectual property rights to have a basis for handling violations of the law in this field...

Source: https://baotintuc.vn/thoi-su/doi-moi-tu-duy-va-phuong-thuc-quan-ly-nha-nuoc-ve-hoat-dong-so-huu-tri-tue-20251027145502140.htm