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IP Law needs more revision
Vietnam’s Intellectual Property Law needs to ensure its consistency, transparency and feasibility as well as to match real situations and international norms, experts said at a workshop on September 22.

Vietnam’s Intellectual Property Law needs to ensure its consistency, transparency and feasibility as well as to match real situations and international norms, experts said at a workshop on September 22.

Pham Associates lawyer Duong Tu Giang said the law covered too many fields while law enforcement and public awareness about intellectual property rights were still limited.

He recommended that a court specializing in intellectual property should be set up and different fee levels should be imposed for Vietnamese and foreign applicants, depending on the foreign company’s scale or the production of its country.

He also proposed to omit the regulation which said foreign lawyers could not provide an industrial ownership-representing service in Vietnam because the country was committed to the principle of national treatment by joining the WTO.

Nguyen Ngoc Anh from Investip Company said the law did not mention intangible assets, such as smell, taste or celebrities’ names, nicknames and fame. The regulated time for enterprises to submit their complaints was not consistent, three months and 90 days were not the same, he added.

Doan Hong Son, director of IP-MAX Law Ltd. Co., suggested a mechanism for the sake of both holders and subjects under which the subjects wishing to use a product had to ask for a favor from the holder(s) and the holder(s) had an obligation to facilitate the access.-

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