Vietnam’s amended Law on Intellectual Property formally got here into impact on April 1, introducing stricter tasks for digital platforms and middleman service suppliers in addressing mental property (IP) violations, significantly within the on-line atmosphere.
At an everyday press briefing held by the Ministry of Science and Technology on the identical day, Nguyen Hoang Giang, Deputy Director General of the Intellectual Property Office of Vietnam, outlined two key highlights of the revised legislation.
A central focus lies in Article 198b, which brings important adjustments to how IP infringements are dealt with, particularly in our on-line world. The legislation now clearly distinguishes between various kinds of intermediaries, changing the earlier broad definition of “intermediary entities.”
Specifically, it separates service suppliers providing infrastructure reminiscent of web transmission and internet hosting companies from operators of digital platforms, together with social media networks and e-commerce marketplaces. Legal tasks are actually prolonged comprehensively to each teams.
In addition, a brand new Clause 5a has been launched into Article 198b, requiring platform operators to actively implement measures to guard mental property rights in accordance with related legal guidelines on IP, e-commerce and cybersecurity.
According to Nguyen Hoang Giang, the overarching method shifts towards proactive prevention and safety, aiming to boost the effectiveness of IP enforcement within the digital area.
The revised legislation additionally addresses long-standing challenges in dealing with cross-border platforms by introducing new civil treatments.
Courts are actually empowered to order the removing, blocking or restriction of entry to infringing content material on-line. They may impose non permanent measures to disable entry to particular content material, accounts, web sites or web identifiers linked to violations, permitting for swift intervention when obligatory.
These measures are additionally being thought of for inclusion in Decree 99/2013/ND-CP, which governs administrative sanctions, as a way to strengthen enforcement mechanisms.
Looking forward to rising applied sciences, the legislation introduces provisions associated to mental property rights for creations involving synthetic intelligence.
Under the newly added Clause 5 of Article 6, the federal government will regulate how IP rights are established in circumstances the place protected works are created with the usage of AI methods. This marks an vital step in adapting the authorized framework to evolving technological realities.
The amendments replicate Vietnam’s broader effort to modernize its authorized infrastructure, making certain that mental property safety retains tempo with speedy digital transformation whereas fostering a extra clear and accountable on-line ecosystem.
Du Lam