(Source: Vietthink)
Intellectual Property Law in Vietnam covers wide range of objects, in particulars, copyright, copyright - related rights; industrial property rights; rights in plant varieties.
Regarding copyright, copyright - related rights, as stipulated in Article 46.2 of current IP Law[1], the implementation, amendment, termination and cancellation of assignment contract of copyrights, related rights shall apply regulations of the Civil Code. According to the current Civil Code[2], as stipulated in Article 401.1, the validity of a agreement takes effect from the time of signing, unless otherwise agreed or otherwise stipulated by relevant law. In other words, it should be considered that, normally, the validity of an assignment agreement of copyright, copyright - related rights is counted from the signing date of the agreement, unless otherwise agreed.
Regarding industrial property rights, as stipulated in Article 148.1 of current IP Law, an industrial property assignment agreement is only valid when it is registered/recorded by the National Office of Intellectual Property of Vietnam (IPVN). The matter is, in almost all international assignment agreements, which assign many trademarks in many countries at the same time in one agreement, the term of validity is usually stipulated from the signing date. What will be the practical examination of such assignment agreements in Vietnam recently? So far, even though the regulations in Vietnam are likely that, practically, during the process of examination of the request for recordal of such assignment agreement, if all terms in the agreement meet the transfer recording requirements, except for the terms on agreement validity, in some extent, the IPVN may flexibly accept the recordal of such assignment. Even if that is the case, what will be the further risk thereafter? The risk is, after the recordal of assignment is completed by the IPVN, disputes between the parties to the agreement occur and must be carried by a Court to re-consider the IPVN’s Decision for recordal of the assignment, such Decision may be able to made void by the Court. Hence, for similar assignment agreements of trademarks, term on validity should be carefully considered by both Assignor and Assignee to meet the regulations of as many countries as possible.
Regarding plant varieties, as stipulated in Article 194 of current IP Law, the Assignee shall become the plant variety protection certificate holder from the date of registration of the assignment agreement with the State Administrative Body for rights to plant varieties in accordance with procedures stipulated by law./.
Lawyer Duong Thi Van Anh - Vietthink Law Firm
[1] IP Law amended and supplemented in 2022, adopted from 01 January 2023.
[2] Civil Code 2015, adopted from 01 January 2017.