Revised Law on intellectual property discussed at National Assembly

Chairman of National Assembly’s Legal Affairs Committee Hoàng Thanh Tùng (on-screen) at the meeting on the revised Law on Intellectual Property. VNA/VNS Photo Doãn Tuấn

HÀ NỘI – The National Assembly (NA) yesterday confirmed the necessity of completing legal provisions on the dissemination and use of the National Flag, the National Emblem and the National Anthem to meet the requirements and ensure the sanctity of the national symbols.

Continuing the working agenda of the 15th NA’s third session, deputies on May 31 scrutinised reports on revising and supplementing the Law on Intellectual Property (IP).

According to Chairman of the NA’s Legal Affairs Committee Hoàng Thanh Tùng, intellectual property rights relating to the National Flag, National Emblem and National Anthem are stipulated in the IP Law’s Clause 2 of Article 7, which states the dissemination and use of the National Flag, the National Emblem and the National Anthem must be in accordance with the provisions of law. Furthermore, organisations and individuals performing intellectual property rights related to the National Flag, National Emblem and National Anthem must not prevent or obstruct the dissemination and use of the National Flag, National Emblem and National Anthem.

The National Flag, National Emblem, and National Anthem of the Socialist Republic of Việt Nam are stipulated in Article 13 of the 2013 Constitution and Article 351 of the Penal Code.

Article 16 of the Law Cybersecurity has specific regulations on handling crimes, preventing and stopping violations in the dissemination and use of the National Flag, National Emblem and National Anthem.

In the context of Việt Nam’s deep international integration, regular foreign affairs and international cooperation activities, the use of the National Flag, the National Emblem, and the National Anthem at political, economic, cultural, social and sports activities in the country, abroad and cyberspace have become more popular, meaning continuous improvement of the legal regulations on these items are very necessary to ensure the sanctity of the symbols in social life and people’s enjoyment, according to the NA Standing Committee (NASC).

Therefore, to ensure compliance with the governing scope of the Law, as well as the content and scope of Article 7 on limiting intellectual property rights, the National Assembly was requested to amend Clause 2, Article 7 as follows: “The performance of intellectual property rights must not infringe upon the interests of the State, public interests, the legitimate rights and interests of organisations and individuals and other relevant provisions of law.  Organisations and individuals exercising intellectual property rights related to the National Flag, National Emblem and National Anthem of the Socialist Republic of Việt Nam must not prevent or obstruct the dissemination and use of the National Flag, Emblem and Anthem.”

In the morning session, the deputies also discussed the security control of inventions before filing an application for registration abroad under Article 89a which was supplemented according to Clause 41, Article 1 of the Law.

According to the Chairman of the NA Legal Affairs Committee, the security control measure specified in the draft law was a supplement measure, along with provisions on the Law on Protection of State Secrets, in order to control the registration of inventions that are likely to be identified as ‘state’ secret inventions abroad, under the normal patent mechanism.

The scope of security control for inventions needs to be carefully considered to avoid adverse effects on scientific and technological research cooperation activities between foreign organisations or individuals and those in Việt Nam, as well as policies to attract foreign investment in promoting technology transfer into Việt Nam, said the chairman.

Moreover, the determination of the list of technical fields, as well as the criteria for determining the scopes of inventions which were created partly or wholly in Việt Nam and be subjected to security control, should not be fixed in law but should be flexibly adjusted in by-law written documents suitable to the conditions of socio-economic development, he said.

Therefore, the NASC proposed the NA amend the Law in the direction of adjusting Clause 1, Article 89a to define the principles and scopes of security control over inventions, and assign the Government to detail this content.

The processing of registration applications for secret inventions would be carried out in accordance with the Government’s regulations as Clause 3, Article 108, he said.

Also in the morning meeting, the delegates focused on reviewing a number of issues such as the mechanism for granting the right to register inventions, industrial designs, layout designs and plant varieties as a result of scientific and technological research that used the State budget; the narrowing of subjects of sanctioning administrative violations in the field of intellectual property; conditions for industrial property representation service practice; restricting the rights of the plant variety protection certificate holders; and legal responsibility for copyrights and related rights for enterprises providing intermediary services.

In the afternoon session, the legislators discussed the amended Law on Domestic Violence Prevention and Control and the Law on Implementation of Democracy at Grassroots Levels. – VNS