The 2005 Law on Intellectual Property (IP) was amended and supplemented twice, in 2009 and 2019, to make it more practical and to address new concerns in the area of intellectual property as they arise.

1. What Are New Points of the Law on Intellectual Property
2022
The 2005 Law on Intellectual Property (IP) was amended and supplemented twice, in
2009 and 2019, to make it more practical and to address new concerns in the area of
intellectual property as they arise. However, given the rapid development and
international integration of this field, the requirement for updating this law continues to
be raised so that domestic law is consistent with international law. The National
Assembly, therefore, promulgated the Law amending and supplementing several sections
of the IP Law (referred to as the Law on Amendments and Supplements) on June 16,
2022, which will officially take effect on January 01, 2023. The new law modifies more
than 100 articles of the IP Law and focuses on 7 major policy groups.
What Are New Points of the Law Amending and Supplementing The Law on Intellectual
Property?
First, the IP Law updates, corrects and perfects the interpretation of terms so that they are
coherent and consistent. Any statute will contain provisions defining the technical terms
of the area covered. However, in the process of linking terms and regulations,
inconsistencies or misunderstandings still occur, hence amendments and supplements are
necessary. Specifically, some concepts in Article 4 of the IP Law such as: derivative
works; published work, audio and visual fixation; reproduction; broadcasting; industrial
design; integrated trademarks; well known mark; geographical indication are explained

2. and clarified. The terms can be seen as the basis for defining and applying legal
provisions related to the claims arising around it, such as copyright for derivative works
or industrial property rights for geographical indications. The terms under the Law on
Amendments and Supplements are not completely renewed but simply inherited and
perfected from the old law, then it is reasonably possible to adapt and apply.
Second, the Law on Amendments and Supplements provides more specific provisions
on copyright and related rights in Vietnam; extending the term of protection; at the same
time, there is a change in the assignment or transfer of these rights. In addition to works
that are protected for the life of an author, cinematographic, photographic, theatrical, and
applied art works, anonymous works published for the first time, have their protection
term extended from 50 years to 75 years. It can be remarked that copyright protection in
Vietnam is becoming more and more important and stricter. The biggest change is that
the Law on Amendments and Supplements allows the author to transfer one more moral
right. Pursuant to Article 41 of the 2005 IP Law amended and supplemented in 2009 and
2019, the author may only transfer some or all of the property rights and the only moral
right which is to publish the work. Until the Law on Amendments and Supplements in
2022, Article 19 allows “authors have the right to transfer the right to use the right to
give titles to their works”. Besides, the previous provision in Article 47: ” Authors shall
not be permitted to license the moral rights stipulated in article 19 of this Law, except for
the right of publication…” is amended to “ Authors shall not be permitted to license the
moral rights according to clause 2 and 4, Article 19 of this Law…”. This change means
that the author is allowed to transfer two moral rights: the right to publish the work and
the right to give title the work. From there, the owner who are transferred these rights can
completely name or change the name, which absolutely does not affect the legitimate
rights of the author.
Third, the Law on Amendments and Supplements in 2022 clarifies acts of infringing
upon copyright and related rights. Article 28 stipulates the act of copyright infringement
in Vietnam initially has 16 clauses, then it is condensed and concise into 8 clauses but
still full and covers the content. For example, Clause 1 “appropriating copyright in
literary, artistic or scientific works”, Clause 2 “impersonating an author”, Clause
3 “Publishing and distributing works without the author’s permission”, … are all
included in Clauses 1 and 2 of the new law as “infringement on the moral rights and
property rights of the author”. In addition, the clauses of Article 35 on related rights
infringement are supplemented and explained. Both Article 28 and Article 35 add Clause
11 on the act of “failure to perform or incomplete implementation of regulations to be
exempted from liability of the intermediary service provider”. Technological technology
and the Internet have developed strongly, leading to the formation of intermediary service
providers. The regulations about “enterprise providing intermediary services” have first
appeared in the IP Law, demonstrating the development and completion of the law in
order to promptly adjust new problems. For exceptions that do not infringe copyright,
according to the Law on Amendments and Supplements, when using a published work,

3. one does not have to ask for permission or pay royalties, but he/she must provide
information about the author’s name and the source and origin of the work. This change
is to ensure copyright for that work, to avoid misunderstanding that the user is the author
of the work.
Fourth, the procedure for registration of copyright, related rights and industrial property
rights in Vietnam have become simpler and more streamlined. If the unmodified Law
only stipulates that the application is filed directly or through a legal IP representative in
Vietnam, the application for establishment of rights can be filed in the form of a written
document in paper form (submitted in person) or electronically under the online
application system after the law is amended. The new regulation represents an update in
line with the development of the information technology level of the digital age. This
creates favorable conditions for subjects to easily submit registration IP applications in
Vietnam, especially those with geographical distances without authorizing other
organizations and individuals to apply. At the same time, it also helps reduce the
resources required to receive applications directly.
Fifth, the use of the National Flag, National Emblem and National Anthem is regulated
for the first time in the Intellectual Property Law. Specifically, “Organizations and
individuals exercising intellectual property rights related to the National Flag, National
Emblem and National Anthem of the Socialist Republic of Vietnam must not prevent or
obstruct the dissemination and use of the National flag, National Emblem, National
Anthem” (added to Article 7.2). Thus, the dissemination and use of the National Flag,
National Emblem, and National Anthem is allowed without being prevented or obstructed
by any organization or individual if the purpose of such use does not violate the law and
not against social morality.
In conclusion, the Law amending and supplementing the IP Law 2005 has updated more
than 100 provisions to be consistent with the country’s socio-economic, scientific and
technological development orientations and international treaties to which Vietnam is a
member. For the Law to amend and supplement to achieve good results when it comes to
implementation, competent state agencies should soon issue detailed guiding regulations,
focus on organizing the implementation of the Law and ensuring the following
regulations. the provisions of the Law come to life. The success of the Amended Law of
Intellectual Property Law in Vietnam will make an important contribution to the
sustainable development of the field of intellectual property rights in Vietnam.