On June 14, 2019, at the 7th session, the XIV National Assembly passed Law No. 42/2019 / QH14 amending and supplementing a number of articles of the Law on Insurance Business and the Intellectual Property Law. This law takes effect from November 1, 2019, except the following cases take effect from January 14, 2019 (the time before this Law was enacted:
– Application for establishing industrial property rights with the filing date from January 14, 2019;
– Request to cancel the validity of Patents for invention, Patents for utility solutions, Certificates of registration of geographical indications issued on the basis of applications for establishing industrial property rights with the filing date from January 14, 2019;
– The request for invalidation of a trademark registration certificate is made from January 14, 2019;
– The lawsuit against infringement of intellectual property rights is accepted by a competent agency from January 14, 2019; Other requirements for intellectual property protection are carried out from January 14, 2019
Accordingly, Law No. 42/2019 / QH14 has amended and supplemented some following basic provisions of the current Intellectual Property Law:
– First, the legal effect with a third party on the contract of using industrial property rights (licensing contract):
Under the current Intellectual Property Law, the contract of industrial property rights is valid for the third time from the time of registration, including a trademark use contract. However, Law No. 42/2019 / QH14 amended this content in the direction: the contract of use of industrial property rights is valid for the third time from the time of registration unless the right to use the trademark.
– Secondly, on the basis of compensation for material damage:
According to the current Intellectual Property Law, there are two methods, based on the following to determine the material damage caused by infringement of intellectual property rights:
+ Total physical damage in money plus the profit that the defendant has obtained due to an infringement of intellectual property rights, if the plaintiff’s reduced profits have not been included in the total damage material;
+ The transfer price of the right to use the object of intellectual property is assumed to be transferred by the plaintiff to the right to use that object under the contract to use the object of intellectual property within the scope corresponding to the infringement. made;
However, according to Law No. 42/2019 / QH14, intellectual property right holders have the right to devise a calculation method other than the above two methods. This is an important new point, expanding the scope, methods and bases for determining material damage, because when the above mentioned bases cannot be used, the Court will determine the value of damage and value. The damage determined by the Court does not exceed VND 500 million.
– Thirdly, about the plaintiff’s liability for the defendant when the Court determines that the defendant did not commit infringement of the plaintiff’s intellectual property rights:
Law No. 42/2019 / QH14 supplemented and clarified the responsibilities of plaintiffs in case the Court determines that the defendant has no infringement acts as follows: “Organizations and individuals are defendants in the lawsuit violating intellectual property rights, if it is concluded that the Court does not commit infringement, it is entitled to ask the Court to force the plaintiff to pay him reasonable expenses to hire a lawyer or other expenses as prescribed. under the law”
Thus, Law No. 42/2019 / QH14 has amended and supplemented many important provisions of the current Intellectual Property Law, contributing to better protection of the rights of intellectual property rights owners and individuals, another organization, contributing to bringing Vietnam’s intellectual property legal framework closer to international standards and standards, including CPTPP.