The Vietnam Confederation of Commerce and Industry (VCCI) proposed that the addition of regulations related to digital transformation content includes a number of procedures that need to be done online.
including provisions on digital transformation in the draft amendments to the Law on Intellectual Property in Vietnam
Commenting on the Draft Law amending and supplementing a number of articles of the
Vietnam Intellectual Property Law, the Vietnam Confederation of Commerce and Industry (VCCI) proposes to the Drafting Board the bill to consider and add to the law provisions related to digital transformation content.
Digital transformation is becoming a global trend and an inevitable trend in Vietnam; especially in the process of implementing administrative procedures or those directly serving business activities of enterprises, meeting the requirements of international economic integration.
Digital transformation is becoming a global trend and an inevitable trend in Vietnam; especially in the process of implementing administrative procedures or those directly serving business activities of enterprises, meeting the requirements of international economic integration.
The Law on
Vietnam Intellectual Property was promulgated in 2005 and has been amended and supplemented in 2009, and 2019. However, up to now, the reality is posing many problems that need the addition and adjustment of the law to meet the new development requirements of the country, institutionalize the guidelines of the Party and State; overcome the inadequacies of the current law, especially in the context that the Fourth Industrial Revolution is taking place widely and strongly. This amendment also aims to meet the requirements of international commitments related to intellectual property rights and also to ensure uniformity and consistency in the Vietnamese legal system.
The representative of the voice of the business community, the Vietnam Confederation of Commerce and Industry (VCCI) proposed that the addition of regulations related to digital transformation content into the law includes a number of procedures that need to be done online, such as online registration and establishment of industrial property rights.
Currently, the draft law only provides for the submission of copyright and related rights registration dossiers through the online public service portal; look up the possibility of protection online; look up the database on trademarks and industrial designs while these data are still incomplete and updated stably and timely on the database system of the National Office of Intellectual Property.
In addition, according to VCCI, Vietnam’s intellectual property law has recognized and protected many types of intellectual property such as copyright and related rights in the work, software, information systems, or industrial property with respect to trade secrets. However, some issues have not been clarified, causing many difficulties in practical implementation.
Specifically, the concept of trade secrets in the Intellectual Property Law is still very general and confusing.
The Intellectual Property Law only stipulates that the trade secrets are the information obtained from financial and intellectual investment activities, which has not been disclosed and is capable of being used in business.
It is the relatively general and unclear regulations on business secrets that make the application of this regulation in each case depend on the understanding of state agencies.
Data is a relatively new field, leading to the state that state agencies are still hesitant to apply this regulation.
This leads to debates about what data should be considered a trade secret and what protection mechanism should be in place. In fact, there has been a situation of data theft, but state agencies are still hesitant to consider this as a type of intellectual property that needs to be protected.
The Law on Intellectual Property also has not defined the concept of “intellectual property”, so at present, there is confusion in defining a contract with an object of intellectual property.
If in many other economic sectors, the largest asset value for an enterprise is a factory, equipment, construction, etc., in the digital economy, the most valuable asset is software, data, information system, copyright of books, music, movies, entertainment programs, art, etc., These are all property objects protected under the law on intellectual property.
According to VCCI, intellectual property protection for digital economy development (recognition of digital assets, protection of digital assets in civil and labor contracts, protection of digital assets by criminal law, protection of property ownership rights of individuals, assurance of contracts, etc.) is an important solution to promote investment of enterprises in the fields of industry, high-tech agriculture, with added value. increase or attract good quality foreign investment projects.
Therefore, it is necessary to consider adding to the Law on Intellectual Property the institutions that recognize and protect all kinds of intellectual property in the digital environment, in the direction of protecting personal property rights, personal property rights with data, secure and promoting contracts.
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