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| Phu Quoc fish sauce was the first product of Vietnam to be protected with geographical indications in 28 European Union countries__Photo: VNA |
With 125 articles, Decree 65 dated August 23 introduces a series of guiding texts for the 2005 Law on Intellectual Property, which was revised in 2009, 2019 and most recently 2022.
Specifically, the new Decree modifies the current registration forms for marks, inventions, industrial designs, and layout designs.
Notably, it adds two forms, namely the “Application for confirmation of delay in registration procedures for initial circulation of pharmaceuticals” and “Declaration requesting compensation due to delay in licensing the initial circulation of pharmaceuticals manufactured under patents”.
With these new forms, patent holders may request competent authorities to compensate when their delayed the grant of free-sale licenses for pharmaceuticals is detected.
In addition, the application form for mark registration adds one type of protected mark called “sound mark”, a non-traditional form of mark protection, first recognized and protected in Vietnam under the 2022 Law.
The new Decree also tightens security control for inventions. Article 14 of and Appendix VII to it provide specific procedures and the scope of security control for inventions in Vietnam, particularly technical patents that are likely to affect national defense and security.
The Ministry of National Defense’s and Ministry of Public Security’s participation in the invention examination process will help guarantee national security interests and prevent the development of potentially harmful technologies.
In case invention owners intend to submit patent applications abroad, they are required to prove that their inventions do not contain state secrets.
The English translation of Decree 65 is now available in Official Gazette Nos. 102-108/2023.- (VLLF)
