ASEAN INTELLECTUAL PROPERTY ASSOCIATION

Boosting future economic growth through diversification into more sophisticated industries: China, Viet Nam, Uganda, Indonesia and India leading the way

June 29, 2023

By: Timothy Cheston (Growth Lab, Harvard University) and Lorena Rivera León (WIPO)

https://multimedia.wipo.int/wipo/en/gii/2023/gii-2023-economic-complexity-blog.mp4

-       Japan, Switzerland, Germany, the Republic of Korea, and Singapore top the ranking of countries with most diverse and complex products exported.

-       The Philippines, China, and the Republic of Korea achieved the greatest improvements in the rankings during the decade leading up to 2020.

-       Among the developing economies with less complex economic structures, Cambodia, Ethiopia, Kazakhstan, Kyrgyzstan, Laos, Myanmar, Tajikistan, and Viet Nam made remarkable advancements.

-       China, Viet Nam, Uganda, Indonesia, and India standout as frontrunners projected to experience rapid economic growth until 2030 thanks to their ability to diversify into industries that are more complex.

 

The journey towards economic development hinges upon the acquisition and utilization of productive knowledge, particularly in increasingly sophisticated – aka complex – industries and products. To chart a course toward robust economic growth, economies must effectively diversify into products that require rich and deep know-how which only a few other countries master, including innovation-intensive sectors such as information and communication technologies (ICTs), pharma, medical technologies, and different high-tech engineering products.

Embracing this premise, the Economic Complexity Index (ECI) of Harvard University, an indicator used in the Global Innovation Index (GII) 2023, evaluates economies' competitive standing in terms of the advanced nature and diversification of their exports.

Based on this, Japan, Switzerland, Germany, the Republic of Korea, and Singapore top the rankings (see Figure 1). The Czech Republic, Austria, Sweden, Hungary and the UK (see Table 1) follow. The US ranks 12th.

Figure 1. Economic Complexity Index Ranking: 2000-2020, Selected Countries

gii-2023-news0012-fig2-845

 

Table 1. Top 10 in the Economic Complexity Index 2020.

Rank

Economy Name

1

Japan

2

Switzerland

3

Germany

4

Republic of Korea

5

Singapore

6

Czech Republic

7

Austria

8

Sweden

9

Hungary

10

United Kingdom

When it comes to regional leadership in Latin America, the countries at the forefront are Mexico, Panama and Costa Rica. The regional leaders in Northern Africa and Western Asia are Israel, Türkiye and Saudi Arabia. Table 2 provides an overview of all other regional leaders.

Table 2. Top 3 by region, 2020

Region

Economy Name

Regional rank

Overall Economic Complexity Rank

South East Asia, East Asia and Oceania

Japan

1

1

Republic of Korea

2

4

Singapore

3

5

Europe

Switzerland

1

2

Germany

2

3

Czech Republic

3

6

Northern America

United States of America

1

12

Canada

2

43

Latin America and the Caribbean

Mexico

1

20

Panama

2

40

Costa Rica

3

48

Northern Africa and Western Asia

Israel

1

21

Türkiye

2

41

Saudi Arabia

3

42

Central and Southern Asia

India

1

46

Kyrgyzstan

2

54

Sri Lanka

3

71

Sub-Saharan Africa

Mauritius

1

65

South Africa

2

69

Uganda

3

86

 

The Philippines, China, and the Republic of Korea have made the greatest improvements in the rankings among economies with complex sectors (see Figure 1).

Among developing countries characterized by less complex economies, notable progress has been achieved by Cambodia, Ethiopia, Kazakhstan, Kyrgyzstan, Laos, Myanmar, Tajikistan and Viet Nam.

Thanks to their ability to diversify into more complex sectors, over the last two decades (2000-2020), China, Viet Nam, Uganda, Indonesia, and India are projected to be among the fastest-growing economies to 2030.

The next WIPO World IP Report 2024 is scheduled to discuss the matter of economic complexity in detail. Stay tuned!

WIPO-Singapore ASEAN Mediation Programme

July 3, 2023

As part of the collaboration between the Government of Singapore and WIPO, ASEAN parties can benefit from the new ASEAN Mediation Programme (AMP), which offers funding for mediations administered by the WIPO Arbitration and Mediation Center's Office in Singapore in accordance with the following schedule of fees:

Funding available under the ASEAN Mediation Programme

Type of Case

Funding Amount

Administration Fee

Any existing IP/technology dispute or negotiation (including before courts, IP authorities or arbitral institutions) involving a party who is an ASEAN national or entity

Up to SGD 8,000

Waived

(*) The maximum amount of SGD 8,000 to be funded by AMP includes all costs relating to the mediation (subject to submission of relevant invoices) and will be shared equally among disputing parties unless otherwise agreed.

Conditions

- Parties may apply for funding under AMP from July 3, 2023 until December 31, 2023 or until the AMP fund is drawn down, whichever is earlier.

- At least one party must be an ASEAN national or entity (the ASEAN Member States are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam).

- The mediator must be based in Singapore.

- Parties provide feedback on the mediation experience.

- Parties consent to named publicity (excluding details of settlement terms).

- A shadow mediator appointed by the Intellectual Property Office of Singapore (IPOS) from the Young IP Mediator initiative will observe the mediation.

- Parties may not claim both under AMP and under the Revised Enhanced Mediation Promotion Scheme (REMPS) for costs in relation to the same or substantially the same dispute.

 

To submit a Request for WIPO Mediation, please contact This email address is being protected from spambots. You need JavaScript enabled to view it. or visit https://www.wipo.int/amc/en/mediation/filing/index.html

 

WIPO Engages IP Offices in Harnessing Technology to Enhance Services and Operations

July 11, 2023

New technologies are upending traditional practices in national intellectual property (IP) offices, while also promoting new interlinkages among them, Assistant Director-General Kenichiro Natsume said in opening a discussion entitled "What Can Technology Do for IP Offices?"

“Technology has disrupted IP businesses and operations, and digital technologies have recently made IP offices more connected, allowing us to provide better services to our clients. In this regard, WIPO took some initiatives such as the development and implementation of WIPO Standards, and the provision of the Industrial Property Administration System (IPAS), which is now used in over 90 countries,” said Mr. Natsume.

At the event held during the July 6-14 WIPO Assemblies, Heads of IP offices discussed how digital transformation and ICT (information and communication technology) is important for IP offices and what has been done so far.

Konstantinos Georgaras- Chief Executive Officer of the Canadian Intellectual Property Office moderated the session saying, “Our goal today is to have a strategic and diverse discussion with the Heads of IP offices in the area of IT transformation and technology. Technological advancements have always been very important for business, and there are current dynamics, opportunities, and challenges that we are all facing that require strategic thinking and collaboration.”

Speaking on Uganda’s IP landscape and digital transformation programs, Mercy K. Kainobwisho- Registrar General of Uganda Registration Services Bureau said: “We all know that technology is the driver of businesses today. WIPO introduced the IPAS system in Uganda in 2009, and it has been instrumental in assisting IP offices like ours to utilize technology in terms of registration and data management."

Kathrine Myhre- Director General of the Norwegian Industrial Property Office urged WIPO to take the lead in ICT field including artificial intelligence (AI) by setting standards, shared solutions and enhancing collaboration amongst IP offices, and provide a venue for sharing IP offices’ ICT experiences and tools such as ICT exhibition.

“We use AI in many areas of our work, including in image search for customers and on trademark searches, but we are still in a very early phase, with more to be done. WIPO could take the lead for countries such as Norway by setting standards for developing and testing AI for IP offices,” she stated.

Rowel S. Barba, Director General of the Intellectual Property Office of the Philippines (IPOPHL), shared some technological advancements made by IPOPHL.

"IPOPHL has been leveraging the power of big data, and we have developed a business intelligence system that uses a data visualization platform to incorporate machine learning AI and advanced analytic features. Our intelligence system has collected IP data from our agency operations for over 50 years, and we intend to use its actionable insights to improve our operations and performance management so that we can better serve our creators, innovators, and businesses," he said.

 

The event concluded with a question and answer session that covered topics such as best practices for IP offices, shared solution development, the integration of emerging technologies such as artificial intelligence and blockchain in IP offices, data sovereignty and protection and changing mindset of people, and the various stages of development of various IP offices, all of which underscored the need for enhanced collaboration.   

The 2023 WIPO Global Awards for SMEs: Winners from China, France, Kenya, Mexico, Singapore, and Slovenia

Geneva, July 11, 2023
PR/2023/904

The WIPO Global Awards program has announced the results of its 2023 competition, celebrating winners who have used intellectual property (IP) not just for business success, but also as catalyst for economic, social, and cultural impact.

This year, small and medium-sized enterprises (SMEs) from China, France, Kenya, Mexico, Singapore, and Slovenia are the winners of the second edition of the annual competition.

The winners of the WIPO Global Awards are at the forefront of innovation and creativity. Their contributions in diverse fields, driven by creative and forward-thinking approaches, highlight the transformative potential of IP in shaping a brighter future.

In an awards ceremony held during the July 6-14, 2023, WIPO Assemblies, Director General Daren Tang presented award trophies to the representatives of the winning enterprises.

Representatives from the seven winning companies at the awards ceremony (photo: WIPO/Berrod).

For SMEs, IP is both shield and a sword: it not just helps to protect their ideas but is also a vehicle for entering and succeeding in new markets. This is why we are working so hard to ensure that SMEs are using IP to grow and scale.

SMEs make up 90% of all enterprises in the world. Building a more inclusive IP ecosystem that brings IP closer to SMEs is key to WIPO’s strategy, and we see these awards as a chance to celebrate, recognize and reward dynamic and innovative SMEs using innovation to change the world.

WIPO Director General Daren Tang

The work of winning enterprises range from air quality measurement instruments to nanotechnology platforms for targeted drug delivery, to AI-based cybersecurity solutions and technologies for sustainable and biodegradable materials.

Additionally, their innovations in augmented reality, intelligent logistics, and disruptive entertainment technologies showcase the diverse range of sectors and applications in which IP has enabled the winners to thrive.

Winners will benefit from a customized mentoring program for each company, in areas such as accessing finance, establishing business partnerships, and strengthening their intellectual property strategies.

Join WIPO-ASEAN TikTok Competition for young creatives

June 7, 2023

Are you ready to showcase your creativity and love for your country? Are you interested in making a recognizable name for yourself on TikTok or to grow your existing brand? If so, we've got a competition just for you.

By July 31, join the WIPO-ASEAN TikTok Competition and stand a chance to gain access to support from branding experts and cool networking opportunities to enhance your brand identity.

Give it your best shot because only one winner from each ASEAN country will move on to the next stage, where a special prize awaits those who make it to the end.

So what are you waiting for? Grab your phone, and be part of the new generation of content creators empowered by intellectual property.

 

How to participate

To participate, submit a 1-minute video entry as a public post on your own TikTok account. Show us your take on the competition theme, “IP and Tourism: My land is my ultimate flex”. Whether it’s your favorite street food, unique fashion, dance moves, or must-see locations in your area, we want to see what ASEAN has to offer the world through the eyes of the youth.

Use the Competition Sound

Please ensure that you use the official competition sound when you post your video entry. You can either download the sound below or simply search for "ASEANbyNature" in the TikTok app when posting your video.

This original sound has been created by social media influencer and music producer, Kriss Ngo (Ho Chi Minh city, Vietnam), known for his modern beats and catchy tunes. By using this sound, you are not only showing your support for the competition, but also getting a chance to use a track created by a popular young music producer on TikTok who also considers himself #ASEANbyNature.

                          https://multimedia.wipo.int/wipo/en/youth-engagement/wipo-tiktok-youth-theme-song.mp3

Include the Competition Hashtag

Please ensure that you include the official competition hashtag #ASEANbyNature followed by the indicative abbreviation of your country as follows:

#ASEANbyNatureBN - Brunei

#ASEANbyNatureKH – Cambodia

#ASEANbyNatureID - Indonesia

#ASEANbyNatureLA - Lao PDR

#ASEANbyNatureMA - Malaysia

 

#ASEANbyNatureMY - Myanmar

#ASEANbyNaturePH - Philippines

#ASEANbyNatureSG - Singapore

#ASEANbyNatureTH - Thailand

#ASEANbyNatureVN - Vietnam

Selection Criteria

A panel of judges will be looking for videos that are creative, original, and that speak to the competition theme.

Posts should have a significant amount of engagement in the form of likes and comments. We're looking for social media content creators who have the potential to take their skills to the next level and those who are aspiring to become top-level creators. Therefore, we highly encourage participants to focus on creating engaging and high-quality content that resonate with their audience and to promote their posts as widely as possible.

Only entries with the official competition sound as well as the hashtag #ASEANbyNature and indicative country hashtag will be considered.

Participants should be young content creators between the ages of 18 and 35 (Please note that the minimum age limit may vary based on the age of majority in each ASEAN country).

Competition rules Participants must read and understand the competition rules and agree to be bound by them.

Timeline

Don't wait – the competition period is from 15 June to 31 July 2023, and winners will be announced by the end of August 2023.

Winners will...

- Have the prestige to represent their country in the next phase as one winner will be chosen per ASEAN country to participate in the branding bootcamp;

- Gain access to exclusive, tailored support to create a recognizable online presence for themselves;

- Participate in facilitated networking events with influencers and global industry experts in branding, marketing and social media communication;
- Receive tailored IP resources for continued learning.

 

Promote the competition

You can find promotional materials on our Trello board to help you spread the word and encourage your friends to join in on the fun.

Join the WIPO-ASEAN TikTok Competition today and show us why your land is your ultimate flex!

SOME UPDATES ON THE INTELLECTUAL PROPERTY SYSTEM IN VIETNAM DURING THE PERIOD from 2020-2021

Phạm Thu Nga – Vision & Associates

 1. Recent changes in relation to signatories on behalf of corporate applicants/owners before the IP Vietnam

Concerning the issue of signatories on behalf of corporate applicants/owners before the IP Vietnam, on 23 November 2020, the IP Vietnam did issue Notification No. 13822/TB-SHTT regulating that documents issued by corporate applicants/owners must be signed by their Chairman of Board of Members, Chairman of Board of Management, President, Director, General Director. If the signatories do not bear those titles, evidence of authorization granted to such signatories must be submitted.   

However, on 14 July 2021, the IP Vietnam issued Notification No. 6959/TB-SHTT (“Notification 6959”) loosening the above strict requirements in the Covid-19 situation. Briefly, according to Notification 6959, the signatories on behalf of the applicants/owners before the IP Vietnam are certified by their own signatures and the company seals (if any). The signatories shall take full responsibility before the applicants/owners and under the laws. 

Notification 6959 takes effect as from 14 July 2021 and applies to all procedures before the IP Vietnam, including those commenced before 14 July 2021. 

As such, it can be interpreted that almost all requirements set forth under Notification 13822 are now lifted. As a result, the applicants/owners no longer need to provide any documents proving authorization granted to the signatories to sign on behalf of the applicants/owners in any documents submitted to the IP Vietnam.

2. Transactions between the IP Vietnam and applicants during this Covid-19 pandemic time

In response to the complicated developments of the Covid-19 pandemic, at present, all transactions between the IP Vietnam (including Headquarter in Hanoi, Representative Offices in Da Nang and Ho Chi Minh City) and applicants will be conducted only via the postal service or the e-filing system until further notice. 

3. Extension of time limits for IP applicants affected by Covid-19 in carrying out procedures with the IP Vietnam

The IP Vietnam, taking into consideration of the recent Covid-19 pandemic in Vietnam, issued Notification No. 7581/TB-SHTT on 02 August 2021 in relation to the extension of deadlines in respect of procedures for establishing IP rights for all IP matters as follows:

i)Deadlines falling on the period from 30 June 2021 to 31 August 2021 in respect of procedures for establishing IP rights for all IP matters (i.e., claiming priority, supplementing documents, responding to decisions/notifications of the IP Vietnam, paying maintenance, renewal and other fees, filing appeals) shall be automatically extended to 30 September 2021 (inclusive).

ii)In other cases, if the applicants are still affected by the Covid-19 pandemic so that they could not exercise their rights and obligations on establishing IP rights at the IP Vietnam, they can request for applying provisions on objective obstacles and force majeure events as stipulated in the amended Circular 01/2007/TT-BKHCN (Rules 9.4 & 9.5) as amended and supplemented by Circular No. 16/2016/TT-BKHCN.

4. Two-year renewal for the Patent Prosecution Highway (PPH) program between the IP Vietnam and the Korean Intellectual Property Office (KIPO) 

On 28 May 2021, the IP Vietnam informed that the PPH program between the IP Vietnam and KIPO have been renewed for another 02 years (Phase 2, beginning from 01 June 2021 to 31 May 2023) right after the end of Phase 1 (starting from 01 June 2019 to 31 May 2021).

During Phase 2, the IP Vietnam will receive 100 PPH requests at maximum per year for applications meeting the prescribed requirements. The documents, procedures and requirements for filing a PPH request in Phase 2 are identical to those in Phase 1.

5. Vietnam’s official accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedures

On 1 March 2021, Vietnam submitted its instrument of accession to the Budapest Treaty. The Treaty has come into force in Vietnam as from 1 June 2021.

This accession is based on the recognition of the necessity and benefits of joining the Budapest Treaty, and at the same time complying with the commitments under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTTP”) that Vietnam is a member state. 

According to Vietnam IP Law and Regulations, for a biotechnology invention to be considered having been fully disclosed, not only the patent description must fully disclose the nature of the invention, but also sample(s) of the stated biological material have to be deposited at the recognized authority competent to store the biological material. 

The Budapest Treaty simplifies the procedure for depositing microorganisms which are subject matters of the patent applications. Accordingly, patent applicants, including Vietnamese applicants and foreign applicants, only need to submit the microbiological samples once at any international depositary authority located in the territory of the contracting states, and such deposition shall be accepted by all member states, including the IP Vietnam.

 

Annual General Meeting (AGM) of the ASEAN Intellectual Property Association (ASEAN IPA) of 2021

On 19 May 2021 the Annual General Meeting (AGM) of the ASEAN Intellectual Property Association (ASEAN IPA) of 2021 was held online. At the meeting, the Report on the ASEAN IPA’s 2020-2021 activities as well as the 2020-2021 Financial Report were approved. Also, the new ASEAN IPA’s Presidency for the term of 2021-2023 has been designated wherein Mrs. Darani Vachanavuttivong has been appointed as President.

Congratulations on the ASEAN IPA AGM’s success and the new team of Presidency.

Recent Developments in the Vietnam IP Legislations

 RECENT DEVELOPMENTS IN THE VIETNAM IP LEGISLATIONS

Vietnam Group of ASEAN IPA

1. Circular No. 16/2016/TT-BKHCN (“Circular 16”) dated 30 June 2016, effective as from 15 January 2018, by the Ministry of Science and Technology (“MOST”), amending and supplementing a number of articles of Circular No. 01/2007/TT-BKHCN guiding the implementation of articles of the  IP Law concerning industrial property rights

The following are major changes related to the procedures for the establishment of industrial property rights in Vietnam under the new Circular 16.

1.1. General procedure

i.Power of Attorney (PoA) is allowed to be submitted after filing, but required within 1 month from the filing date in Vietnam (except for PCT-derived application where PoA can be submitted within 34 months from the earliest priority date as before). In case of appeal, PoA is required within 10 days from the date of filling the appeal.

ii.Where the applicant assigns more than one IP agents to proceed with different proceedings for one application, the NOIP will only contact the latest IP agent on record. 

iii.Time limits for responding to NOIP’s Notifications in the formality examination stage: extended from 1 month currently to 2 months as of 15 January 2018.

iv.Time limits for responding to NOIP’s Notifications in the substantive examination stage: extended from 2 months currently to 3 months as of 15 January 2018.

v.Time limits for responding to NOIP’s Notifications on Intention to Grant: extended from 1 month currently to 3 months as of 15 January 2018.

vi.The NOIP may consider withdrawing decision on refusal and restoring examination process in case the applicant can find or provide with new factors (which have not been considered during the examination process) that may affect the examination results. 

vii.In a third party’s observation proceeding, the third party will also be informed of the substantive examination result of the subject application.

viii.Regarding appeal proceeding, the amended circular provides detailed provisions on the eligibility of the appellants, decisions subject to appeal, the statutory limitation of appeal, appeal settlers, requirements of an appeal, time frame for appeal settlement, etc. The most significant change is that in order to appeal against a decision/notification, the appellant must prove the illegitimacy of the appealed decision/notification. In an appeal proceeding, the NOIP only considers the legitimacy of the appealed decision/notification at the time it is issued. It is explicitly provided that amendments or new facts will not be accepted at the appeal stage. Meanwhile, in practice in the past, an appeal submitting new facts is accepted at the appeal stage. 

ix.Regarding cancellation/invalidation proceedings, the NOIP is requested to inform the IP holder of the cancellation/invalidation request within one (01) month from the requesting date. 

1.2. Patent

i.All use-related claims, regardless of the claim wordings and of which technical fields, shall not be accepted by the NOIP.

ii.Late entry of PCT application into the Vietnam national phase is no longer available.

iii.Late request for substantive examination is not allowed, except in case the applicant encounters a verifiable force majeure event (natural disasters, enemy sabotages, etc.) or objective obstacle (sickness, business trips, studying far away, etc.).

iv.It is explicitly stipulated that the NOIP will not accept the patent application filed for an invention of a Vietnamese or an invention made in Vietnam if such an invention has been already first filed abroad, even when filed directly with the WIPO.

v.Post-grant narrowing of the scope of protection of a patent includes removing one or more claims from the granted claim set only. 

vi.New section “Objective of the invention” is required in the patent description. However, it may be expressed as a separate section before section “Summary of the invention”, or as a sub-section of section “Summary of the invention”.

vii.Section “Examples” is no longer a must-have in the patent description.

viii.Section “Achievable benefits/ efficiency” is no longer a must-have in the patent description. In addition, it may be expressed as a separate section, or as a sub-section of section “Summary of the invention”.

1.3. Design

i.For divisional design application(s), fee for claiming priority under Paris Convention will be charged for the divisional design application which is filed due to failure of meeting the requirement of unity.

ii.The design owner may narrow the scope of design patent by removing one or several industrial design variations, one or several products from the set of products claimed in the design patent. Narrowing the design patent scope by removing one or several non-main design shaping features is not allowed any longer.

1.4. Trademark

i.The eligibility of organizations which are entitled to register certification marks and collective marks in Vietnam is specified. 

ii.In case of disclaimer, the NOIP must explicitly state the intention and reason for such disclaimer and the applicant is entitled to state its opinion regarding such disclaimer within three (03) months from the notification date. 

iii.If an International Registration is provisionally refused by the NOIP, the applicant will be entitled to respond against such provisional refusal within three (03) months from the NOIP’s notification date under the same proceeding with that of national applications, i.e., lodging a response with the NOIP. If the response is not accepted, the NOIP will then issue a decision of refusal and the applicant can then appeal against such decision following the appeal proceedings.

iv.In case the NOIP decides to partially refuse a trademark under an international registration, it will issue a decision on protection of the mark only for the part that meets protection requirement. 

v.When a well-known trademark is recognized in the course of a decision on settlement of infringement of such well-known mark, or a decision on refusal of another mark based on the well-known trademark, such well-known mark will be recorded in the list of well-known marks which is kept at the NOIP for reference. With this provision, it can be understood that there is no independent procedure for recognizing well-known trademarks in Vietnam but a mark can only be recognized as well-known through other proceedings such as enforcement or examination of a trademark that is identical/confusingly similar to such well-known mark.

2. Decree No. 22/2018/ND-CP (“Decree 22”) dated 23 February 2018, effective as from 10 April 2018, by the Government of Vietnam, replacing Decree No. 100/2006/ND-CP (“Decree 100”) and its 2011 revision guiding the implementation of articles of the IP Law concerning copyrights and related rights

The following are major changes under the new Decree 22 as compared to Decree 100 and its 2011 revision.

2.1. More clear explanation and new definition of certain terms

Decree 22 gives clarification and new definition for certain terms such as “copies of works” and “joint authors” as follows:

-Copies of works means directly or indirectly reproduced versions of the entire or part of works by any mean or form.

-Joint authors means persons who jointly create part of or the entire literary, artistic or scientific works. Any person who renders supports, give comments or supply documents to others to create works shall not be recognized as author or joint author.

2.2. New regulation on transfer of rights to anonymous works

Under the new Degree 22, entities managing anonymous works may transfer rights to such works to others and are entitled to remuneration from such transfer. The entities that are transferred rights are entitled to rights of owners until work authors are identified. Such provisions are not stipulated in the old Degree 100 and its 2011 revision.

2.3. Obligation to pay when exploiting and using phonograms and video recordings for commercial purposes

The new Degree 22 stipulates that direct or indirect users of phonograms and video recordings must pay royalties, remunerations, material benefits to copyright owners or related right owners. The new degree also specifies that use of published phonograms or video recordings in business or commercial activities means the direct or indirect use by organizations or individuals of published phonograms or video recordings in restaurants, hotels, shops and department stores; in establishments providing karaoke, post, telecommunications or digital environment services; in tourist, aviation, and mass transit activities.

2.4. More specific regulations concerning the collection and distribution of royalties, remunerations and material benefits by collective representatives of copyrights

As one of the most important changes, Decree 22 provides for more specific regulations concerning the collective representatives of copyrights. 

Accordingly, the designated collective representative could make a schedule of royalties, remunerations and material benefits. Users of works, phonogram and video recordings, broadcasts are obliged to contact copyright owner or related right owner or designated collective representative directly in terms of the use thereof. 

Designated collective representatives may reach an agreement, authorize the negotiation, collect royalties, remunerations, material benefits as per the law. Proportion of royalties, remunerations, material benefits shall be agreed by the above-mentioned bodies.

Regarding the collection and distribution of royalties, remunerations, material benefits, the following are specified under the new degree:

-The collection and distribution of royalties, remunerations, material benefits shall be carried out in accordance with the charter of designated collective representative and authorization document of copyright owner or related right owner with agreement on the sum or percentage, methods and time for distribution of royalties, remunerations, material benefits.

-In case a work, phonogram, video recording or broadcast is related to the rights and interests of many designated collective representatives of specific rights or groups of rights, the involved parties may agree to designate one of them to negotiate on their behalf on the grant of use licenses, collect and distribute money according to the charter and authorization document.

Utilizing WIPO CASE to Improve the Quality of Patent Search and Examination

Utilizing WIPO CASE to Improve the Quality of Patent Search and Examination

From 29 to 30 of June 2017, the conference “Utilizing WIPO CASE to Improve the Quality of Patent Search and Examination” was held in Hanoi. Participating in the conference were Mr. Juneho Jang, Mr. Yukihiro Uraguchi and Mr. Kyaw Zaw from the World Intellectual Property Organization (WIPO); Mr. Ryuichi Komatsu from the Japanese Patent Organization (JPO); Mr. Dimitrios Louzelis from the European Patent Office (EPO); Mr Heumjeng Kang from the Korean Intellectual Property Organization (KIPO); Mrs. Kitisri Sukhapinda from the United States Patent and Trademark Office (USPTO). On behalf of Vietnam were Mr. Phan Ngan Son, Deputy Director General of the National Office of Intellectual Property (NOIP), cadres from patent divisions and several units of NOIP, as well as delegates from other industrial property organizations.

Opening the conference, Mr. Phan Ngan Son, NOIP’s Deputy Director General emphasized the importance of information searching in the process of patent examination. He also pressed that WIPO CASE is one of the centralized searching methods for patent examiners which follows the criteria of WIPO. It plays a crucial role in searching for reference documentation during the patent examination process based on the interconnected data base. This searching method would help patent examiners reduce the time to search for reference documentation, as well as to avoid the risks of missing out reference documentation in the searching process.


Panorama of the conference

In the current context of international integration, exploiting industrial property information needs to be specialized and interconnected with the global data base, and the WIPO CASE system would bring significant benefits in searching to serve patent application examinations.

The presentation of intellectual property experts from developed countries all over the world about the trend of patent information searching in different fields attracted lively discussion of delegates, together with the practice of searching skill. The conference was a great opportunity to help patent examiners approach and explore modern information searching systems worldwide. Thereby, patent examiners would possess more useful tools to search for information in the process of patent applications examination.

The conference focused on the following main issues:

Practicing using WIPO CASE to promote sharing working results among patent examiners from different nations;

Using available information effectively through accessing patent search and examination results to improve the quality of patent examination;

Examining patent and practice searching in technology field, reading patent examination reports and documentation from intellectual property organizations;

Examining and granting exclusive national patent titles;

The process of examining and granting titles, requests related to the process of handling applications.

Information Division

Announcement on Launching the Testing Online Filing System

Announcement on Launching the Testing Online Filing System

Resolution No. 36a/NQ-CP dated December 14, 2015 of the Government on e-Government defines the aim that “By the end of 2016, 100% of public services of ministries and central agencies are provided online at the level that allows users to fill and submit document templates online to agencies and organizations providing services. Transactions of dossier processing and service provision are implemented online. Fee payment (if any) and result release are made directly at agencies and organizations providing services (online public services at level 3).” According to the major solutions assigned to the Ministry of Science and Technology in the abovementioned Resolution: “to develop an online information management system of science and technology topics and projects; to implement online registration for protection of industrial property rights.”

In accordance with Resolution No. 36a/NQ-CP dated December 14, 2015 of the Government on e-Government, the National Office of Intellectual Property has developed of an online filing system for registration of industrial property rights. Currently, the first version of the system is under testing process to gain feedbacks and to continue improving the system for official use in the future.

Applicants can find information about the system and register at the following address: http://dvctt.noip.gov.vn/HomePage.do.

Guiding document can be downloaded here.

Email for receiving feedback: This email address is being protected from spambots. You need JavaScript enabled to view it. .

NOIP

6 J. Intell. Prop. 138 (2006-2007) Vietnam Patent Law; Dzung, Nguyen Nguyet

6 J. Intell. Prop. 138 (2006-2007)

Vietnam Patent Law; Dzung, Nguyen Nguyet