New Decree Guiding Intellectual Property Law in Vietnam

New Decree Guiding Intellectual Property Law in Vietnam

On August 23, 2023, the Government issued Decree No. 65/2023/ND-CP detailing a number of articles and measures to implement the Intellectual Property Law on industrial property, protecting intellectual property rights, rights to plant varieties, and State management of intellectual property.

Accordingly, Decree 65/2023 details and measures to implement the provisions of the Intellectual Property Law in Vietnam on:

  • The establishment, content, subject, limitation of industrial property rights, transfer of industrial property rights, industrial property representation, and measures to promote industrial property activities.
  • The determination of the infringement acts, the nature, and extent of the infringement of industrial property rights, the handling of the infringement of the industrial property rights, the determination of damage, the request and settlement of the request for handling the infringement, rights to plant varieties, rights to plant varieties, etc.

Regarding the basis for establishing industrial property rights:

  • Industrial property rights to inventions, industrial designs, trademarks, and geographical indications are established on the basis of decisions of the state management agency in charge of industrial property rights to grant protection titles to industrial property rights. the applicant registers such objects.
  • Industrial property rights to marks internationally registered under the Madrid Agreement and the Madrid Protocol are established on the basis of acceptance of protection by the state management agency in charge of industrial property rights for international registration.
  • Industrial property rights to industrial designs internationally registered under the Hague Agreement are established on the basis of acceptance of protection by the state management agency in charge of industrial property rights for such international registration.

Decree 65/2023/ND-CP takes effect from August 23, 2023.

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