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Regulations on measures to implement the IP Law on industrial property and rights to plant varieties
To guide the implementation of the new Intellectual Property Law that takes effect from this year, the Government has issued Decree No. 65/2023/ND-CP detailing a number of articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties and state management of intellectual property.


The new Decree stipulates procedures for registering patent protection abroad for inventions in technical fields that affect national security and defense. Photo: Engineer at Viettel Aerospace Institute - one of the units with many patents protected abroad. Source: baoquankhu7.vn

The content of the Decree covers the entire process of establishing, registering protection, exploiting and enforcing intellectual property rights, specifically industrial property rights (inventions, utility solutions, industrial designs, trademarks, geographical indications, semiconductor integrated circuit layout designs, trade names, trade secrets, rights against unfair competition) and rights to plant varieties.

Accordingly, Decree No.65/2023/ND-CP clearly states the subjects, contents, limitations of rights, transfer of rights, measures to promote and protect industrial property rights, and rights to plant varieties. To facilitate the implementation of  of rights, the Decree also provides grounds for determining the act, nature and extent of infringement, determining damages, and requesting and resolving requests to handle infringements. In addition, there are measures to control exported and imported goods related to industrial property rights and plant variety rights.

One of the notable contents of the Decree is the granting of the right to register results of science and technology tasks using the state budget. Specifically, for inventions, industrial designs, and layout designs that are the result of science and technology tasks using state budget, the implementation organization has the right to register for protection without having to go through procedures of registration rights of the representative of the state owner. Many people expect this regulation will contribute to promoting the establishment and exploitation of intellectual property.

lttsuong
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