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New Intellectual Property Law Issued

06/08/2010 - 212 Lượt xem

1. Objects of copyright include literary, artistic and scientific works; objects of related rights include performances, sound recordings, video recordings; broadcasting programs; satellite signals carrying encrypted program;

2. Objects of industrial property rights include inventions; industrial designs; layout-designs of semi-conductor integrated circuits; trade secrets; trademarks; trade names and geographical indications; and

3. New plant varieties.

The new law also clarifies, and in some cases simplifies, the registration procedures as well as the fees and charges when conducting intellectual property related procedures in accordance with this Law and other provisions of legislation.

The new law involved 6 parts, 18 chapters, 226 Articles. In that, chapter 18th which is about enforcement of intellectual property right by administrative and criminal remedies is overvalued and becomes an important chapter of this law.

According to the new law, the contents, limitations and duration of protection of copyrights, and related rights were provided so clearly. General requirements for patents, industrial designs, trademarks, etc that are eligible for protection are very detailed. They are enumerated in the subject matters, which are not protected as intentions, industrial designs, and the cases in which a mark shall not be considered as a distinctive one. They also provided the scope and limitation of Industrial property rights, of the industrial property representatives, and the most important aspect is the protection of intellectual property right: base oneself on the provision of new law, holders shall have right to apply the following measures to protect their intellectual property rights: Taking technological measures to prevent infringements of intellectual property rights; Requesting organizations, individuals that have committed acts of infringement of intellectual property rights to terminate the infringing acts, apologize, publicly rectify and compensate damages; Requesting the competent state agencies to handle acts of infringement of intellectual property rights in accordance with provisions of this Law and other related laws and regulations; Initiating lawsuits at competent courts or by arbitrators to protect their legitimate rights and interests. Simultaneously, it brings out the enforcement of intellectual property rights with civil remedies, pursue that the court shall take the some civil remedies to handle organizations and individuals that have committed acts of infringement of intellectual property, such as: compelling termination of the infringement of intellectual property rights; compelling public rectification and apology; compelling the performance of civil obligations, compelling compensation for damages, compelling distributions or uses for non-commercial purpose of goods, materials and implements the predominant use of which has been in the creation or trading of intellectual property right infringing goods, provided that such distribution and use does not affect the exploitation of rights by the intellectual property rights holder.

With this new law, Vietnam law system will be sufficient and satisfy the requirements of the integration of commercial world.

Source: www.luatgiapham.com