The Vietnam Confederation of Commerce and Industry (VCCI) proposed that the addition of digital transformation content regulations include a number of procedures that must be completed online.
The Vietnam Confederation of Commerce and Industry (VCCI) proposes to the Drafting Board the bill to consider and add to the law provisions related to digital transformation content in its comments on the Draft Law amending and supplementing a number of articles of the Vietnam Intellectual Property Law.
Digital transformation is becoming a global trend as well as an unavoidable trend in Vietnam, particularly in the process of implementing administrative procedures or those directly serving enterprise business activities in order to meet the requirements of international economic integration.
Digital transformation is becoming a global trend as well as an unavoidable trend in Vietnam, particularly in the process of implementing administrative procedures or those directly serving enterprise business activities in order to meet the requirements of international economic integration.
Including digital transformation regulations in the draft amendments to Vietnam’s Intellectual Property Law
The Intellectual Property Law of Vietnam was enacted in 2005 and has since been amended and supplemented in 2009 and 2019. However, the reality has presented many problems that require the addition and adjustment of the law to meet the country’s new development requirements, institutionalize the Party and State’s guidelines, and overcome the inadequacies of the current law, particularly in the context of the Fourth Industrial Revolution, which is taking place widely and strongly. This amendment also aims to meet the requirements of international intellectual property rights commitments, as well as to ensure uniformity and consistency in the Vietnamese legal system.
The Vietnam Confederation of Commerce and Industry (VCCI) proposed that the addition of regulations related to digital transformation content into the law include a number of procedures that must be completed online, such as online registration and establishment of industrial property rights.
Currently, the draft law only allows for the submission of copyright and related rights registration dossiers via the online public service portal; searching for the possibility of protection online; and searching the database on trademarks and industrial designs, despite the fact that these data are still incomplete and not updated stably and timely on the National Office of Intellectual Property’s database system.
Furthermore, according to the VCCI, Vietnam’s intellectual property law recognizes and protects many types of intellectual property, including copyright and related rights in the work, software, information systems, and industrial property with regard to trade secrets. However, some issues remain unresolved, causing significant difficulties in practical implementation.
In particular, the concept of trade secrets in Intellectual Property Law remains broad and perplexing.
The Intellectual Property Law only states that trade secrets are information obtained from financial and intellectual investment activities that has not been disclosed and has the potential to be used in business.
Because the regulations on business secrets are relatively general and unclear, the application of this regulation in each case is dependent on the understanding of state agencies.
Because data is a relatively new field, state agencies are still hesitant to implement this regulation.
This sparks discussions about what data should be considered a trade secret and what safeguards should be in place. In fact, data theft has occurred, but state agencies are still hesitant to consider this as a type of intellectual property that must be protected.
Because the Law on Intellectual Property does not define the concept of “intellectual property,” there is currently confusion in defining a contract with an intellectual property object.
Whereas in many other economic sectors, the most valuable asset for an enterprise is a factory, equipment, construction, etc., in the digital economy, the most valuable asset is software, data, information system, copyright of books, music, movies, entertainment programs, art, and so on.
According to VCCI, intellectual property protection for the development of the digital economy (recognition of digital assets, protection of digital assets in civil and labor contracts, protection of digital assets by criminal law, protection of property ownership rights of individuals, contract assurance, and so on) is an important solution to encourage enterprise investment in the fields of industry, high-tech agriculture, and so on. boost or attract high-quality foreign investment projects
As a result, it is necessary to consider including in the Intellectual Property Law institutions that recognize and protect all types of intellectual property in the digital environment, with the goal of protecting personal property rights, personal property rights with data, and securing and promoting contracts.
