Provincial National Assembly delegation collects comments on the Draft Law on Intellectual Property (amended)

On the morning of October 12, the Provincial National Assembly Delegation held a Conference to collect comments on the Draft Law amending and supplementing a number of articles of the Law on Intellectual Property. Comrade Thai Thi An Chung - Member of the Provincial Party Executive Committee, Deputy Head of the Provincial National Assembly Delegation chaired the conference. Photo: Mai Hoa

LawIntellectual Propertywas issued in 2005. Up to now, the law has been amended and supplemented twice, but now it continues to pose inadequacies, difficulties and problems, so this draft proposes to amend and supplement 93 articles and abolish 3 articles.

From the practical application of the current Intellectual Property Law and on the basis of studying the Draft Law amending and supplementing a number of articles of the Intellectual Property Law, many delegates attending the conference contributed many profound opinions and added some specific contents.

Mr. Tran Nhat Minh - Member of the National Assembly's Law Committee, full-time National Assembly delegate raised a number of suggestive issues for delegates attending the workshop to discuss. Photo: Mai Hoa

The issue that many delegates are interested in mentioning is the need to specifically regulate the time for granting Industrial Property Certificates (patents, trademarks, industrial designs, geographical indications), and Registration Certificates.copyright…, ensuring to shorten the time in the spirit of administrative procedure reform, while ensuring the rights of organizations and individuals, avoiding the time for receiving and processing dossiers by competent authorities being too long; at the same time, it is necessary to separate the time for processing dossiers from the time limit of the granted Patent.

Because in reality, there are inventions that are granted a Patent after 7 years from the date of application, while the Patent is only valid for 20 years, meaning that the invention only has an actual term of 13 years.

National Assembly Delegate Thai Van Thanh - Director of the Department of Education and Training suggested that it is necessary to clarify some concepts of intellectual property rights, famous, typical, outstanding trademarks... Photo: Mai Hoa

Some opinions also pointed out some shortcomings in the draft related to the level of creativity and protection conditions that need to be studied and regulated more strictly.

There are also opinions reflecting that in practice, there are many cases of intellectual property rights conflicts or certificates being granted incorrectly due to the fault of the competent authority granting the certificate, but when handling responsibilities, there are no regulations, so it is necessary to add this regulation to the draft law.

Representatives of the Department of Science and Technology gave their opinions at the conference. Photo: Mai Hoa

There are opinions suggesting that the draft law should add provisions on the national database on intellectual property to serve the people and the integration process; more clearly define illegal acts, infringement of intellectual property rights; and counterfeit trademark goods.

Many opinions also suggested that the draft law should clarify the concepts and terminology of intellectual property rights; famous, typical, outstanding trademarks, etc.; and at the same time add the concept of "sound trademark".

Based on the comments of the delegates at the conference, the DelegationNational AssemblyThe province will fully synthesize and send a report to the National Assembly Standing Committee, and will directly participate in the opinion-gathering sessions at the National Assembly sessions.

Comrade Thai Thi An Chung - Member of the Provincial Party Committee, Deputy Head of the Provincial National Assembly Delegation affirmed that she will fully synthesize the opinions of the delegates and report to the National Assembly Standing Committee for research, adjustment and supplementation to the draft law, meeting practical requirements. Photo: Mai Hoa