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National Assembly amends Intellectual Property Law   2009-07-22 - Viet Nam News

National Assembly amends Intellectual Property Law

The National Assembly passed amendments to the Law on Intellectual Property last month, with new provisions to take effect next January 1.

The amendments make changes to provisions on copyright protection, industrial property and rights to plant varieties.

Organisations and individuals using published works or recordings that are sponsored or accompanied with advertising materials, in whatever form, do not have to obtain permissions from copyright holders or related rights holders for their use, but do have to pay royalties in an amount to be agreed upon by the parties. If the parties cannot reach such agreement, this amount will be determined by Government regulation or by the courts.

The term of copyright protection will be extended from 50 years to 75 years from the date of first publication. For cinematographic works, photographic works and works of applied art not published within 25 years of fixation, the term of protection will be 100 years from the date of fixation in a particular medium.

The time limits for examining applications to register industrial property rights have been changed as follows: no more than 18 months for an invention, 9 months for a trademark and 7 months for an industrial design.

Provisions on rights to plant varieties, including the registration process, rights of the protection certificate holders, and transfers of rights have also been modified.

The amendments also make acts of infringement of intellectual property rights subject to administrative remedies.

It’s official: new income tax exemptions are here to stay

National Assembly Resolution No. 32/2009/QH12, passed on June 19, gave taxpayers the answer to a question they’ve long been waiting for, making permanent a temporary waiver of personal income tax collections in the first six months of 2009.

The new Law on Personal Income Tax had been slated to take effect back on January 1, but tax collections were deferred as part of the economic stimulus package, as well as to allay controversy over new taxes on dividend income and on capital gains on securities income.

Foreigners have right to request Viet Nam criminal records

Criminal records are necessary for authorities to verify whether certain persons should be barred from holding posts of trust or practising certain occupations. The National Assembly passed a new Law on Criminal Records on June 17, giving detailed provisions on the updating and maintenance of criminal records, as well as access to them. Under the new law, not only Vietnamese citizens but also foreigners presently or formerly residing in Viet Nam are entitled to ask for their criminal records. (Those still residing here can obtain them from their provincial justice departments, while those formerly residing here can obtain them from the national criminal records centre.)

The application for a copy of criminal records must be accompanied by a request for criminal records, a notarised copy of identification card or passport, and a notarised copy of the family record book or residence permit. The records are issued within 10 days of the receipt of documents. The new law will take effect on July 1, 2010.



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