Intellectual Property Rights: Promoting Commercialization in Accordance with International Commitments

Within the framework of the 10th Session of the 15th National Assembly , the Draft Law on amending and supplementing a number of articles of the Law on Intellectual Property was discussed by the National Assembly in Groups to continue perfecting the legal framework to create a solid and favorable corridor for intellectual property protection activities.

Regarding the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property, Dr. Nguyen Huu Can, Acting Director of the National Institute of Intellectual Property, said: The Draft Law on Intellectual Property (amended) 2025, expected to be submitted to the National Assembly for approval at the 10th Session in 2025, has many innovations.

The Draft Law has supported the creation and commercial exploitation of intellectual property objects to promote innovation. It stipulates the determination of value and establishment of a separate list for management of intellectual property rights that do not meet the conditions for recording asset value in accounting books; handling intellectual property conflicts, preventing abuse of intellectual property monopoly; intellectual property registration rights, commercial exploitation of research results using the State budget; capital contribution with intellectual property rights; support for valuation, guidance on applying transfer models, intellectual property rights sharing mechanisms; building a database on intellectual property rights prices.

In particular, the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property also simplifies administrative procedures, facilitating the registration and establishment of intellectual property rights, including regulations on simplifying registration procedures, establishing intellectual property rights, shortening the time limit for processing applications, strengthening post-inspection as well as increasing resources to carry out registration procedures and establishing intellectual property rights.

In addition, the draft Law amending and supplementing a number of articles of the Law on Intellectual Property also ensures full implementation of Vietnam's international commitments on intellectual property protection, including additional provisions on subjects of protection of rights related to copyright, expanding the scope of destruction of goods infringing intellectual property rights, and clarifying regulations on producers of audio and video recordings to ensure implementation of international commitments on intellectual property.

At the same time, the draft Law amending and supplementing a number of articles of the Law on Intellectual Property updates new issues in intellectual property protection, including regulations allowing the use of documents and data that have been legally published and accessible to the public, for the purpose of researching, training and developing artificial intelligence systems; protecting industrial designs for product parts; protecting digital assets; protecting inventions for computer programs, business methods, algorithms if there are specific applications; protecting trademarks containing country names.

The contents added and amended in the draft Law amending and supplementing a number of articles of the Law on Intellectual Property are considered to be the basis for creating a more solid and favorable legal corridor for intellectual property protection activities than before. Thereby, creating an environment to promote innovation and develop the intellectual property market, which has had many bottlenecks in the past, while creating a more favorable environment for receiving, absorbing, mastering and applying scientific and technological achievements, meeting the practical requirements of sustainable socio -economic development of the country in the new era, serving the international integration process of Vietnam.

Ms. Le Thi Thuc, Deputy Director of the Department of Science and Technology of Da Nang, said that there are many new points in the content of the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property in accordance with the Party's guidelines and policies, ensuring the unity and synchronization of the legal system and international commitments on intellectual property.

However, for Clause 3, Article 1, it is necessary to conduct additional research so that the policy of honoring and rewarding organizations and individuals with outstanding achievements in creating, managing and effectively exploiting intellectual property rights is in accordance with the law on emulation and rewards, in order to fully reflect the value chain of intellectual property activities, promote commercialization as well as in the stages from "creating - managing - exploiting intellectual property rights."

In Clause 5, Article 1, the Draft Law on Intellectual Property (amended) 2025 proposes to study and add the phrase "ensuring connection and sharing of databases serving management, statistics and exploitation of intellectual property rights" to emphasize the requirement to connect, exploit and share intellectual property databases to serve socio-economic development, promote information and statistical activities on intellectual property; build, operate and manage a national database system on intellectual property to ensure connection and sharing of databases serving management, statistics and exploitation of intellectual property rights."

The draft Law on Intellectual Property (amended) 2025 is expected to contribute to the comprehensive institutionalization of the Party's policies, ensuring the unity and synchronization of the legal system and international commitments on intellectual property; resolving legal gaps in the face of new development trends; continuing to remove bottlenecks and shortcomings, facilitating intellectual property activities; at the same time clearly demonstrating the spirit of innovation in thinking and state management methods, minimizing the burden of administrative procedures in the field of intellectual property./.

Source: www.vietnamplus.vn

Source: https://phunuvietnam.vn/quyen-so-huu-tri-tue-thuc-day-thuong-mai-hoa-dam-bao-phu-hop-cam-ket-quoc-te-20251105173458943.htm