Overview of IP News in Vietnam – November 2020

1) Notice of receipt of Patent Prosecution Highway Request (PPH Request) for the period from October 1, 2020 to March 31, 2021 under the PPH program signed between the National Office of Intellectual Property (NOIP) and Japan Patent Office.

The NOIP announced the receipt of PPH requests (PPH Program – Patent Prosecution Highway) for the period from October 1, 2020 to March 31, 2021 under the PPH program signed between the National Office of Intellectual Property (NOIP) and Japan Patent Office.

By the end of October 16, 2020, the NOIP has received enough 104 requests for PPH program for the period from October 1, 2020 to March 31, 2021 under the PPH program signed between the National Office of Intellectual Property (NOIP) and Japan Patent Office.

For more information plese access: http://www.ipvietnam.gov.vn/vi_VN/web/guest/thong-bao/-/asset_publisher/vTLYJq8Ak7Gm/content/thong-bao-ve-tiep-nhan-yeu-cau-tham-inh-nhanh-on-sang-che-pph-tu-ngay-01-10-2020-en-ngay-31-3-2021-theo-thoa-thuan-hop-tac-giua-cuc-so-huu-tri-tue-va-

 

2) Common Guidelines for the Substantive Examination of Industrial Designs in the ASEAN Member States

In the context of the EU-ASEAN Project on the Protection of Intellectual Property Rights (ECAP III), which aims to enhance the quality, consistency and transparency of ASEAN intellectual property agencies in examinating and processing industrial design registration applications, the Common Guidelines have been approved for application by the IP agencies of ASEAN countries.

The project to develop Common Guidelines for the Substantive Examination of Industrial Designs in the ASEAN Member States  meets with difficulties due to the differences between the member states.

The difference in the laws of the countries will lead to the requirement of internal law if there is any change. However, the development of the General Guideline for the region could encourage the harmonization of industrial design appraisal standards and conditions applicable in the region. These General Principles aim to supplement guidelines to support the industrial design appraisal criteria applied by ASEAN intellectual property agencies.

This general guide can be used as a practical training tool for industrial design appraisers and as a reference material for specialized consultants and business ownership representatives.

In fact, an industrial design may also receive the protection in the ASEAN Member States through copyright law, to the extent that the industrial design is recognized as a “work” or “work of art application”. This may be due to the compliance with international standards under the Berne Convention for the Protection of Literary and Artistic Works of 1886, as amended in 1971, and from the regulations of national copyright laws that protect applied artwork.

These General Principles, however, do not address the protection of applied designs or works of art that have not been registered under the copyright law, or have expired. Meanwhile the majority of the issues addressed in the national laws and practices of the ASEAN Member States is consistent with the General Principles in the Guideline, there are still some differences regarding a specific issue.

Using the Guideline as a reference will contribute to unifying standards and criteria for industrial design appraisal in ASEAN member countries. Industrial design registrations are still subject to the national laws and regulations of the ASEAN Member States.

 

3) Vietnam hosted the online conference of the 62nd ASEAN Working Group on Intellectual Property Cooperation (AWGIPC 62)

On November 25th and 26th, 2020, Vietnam hosted the online conference of the 62nd  ASEAN Working Group on Intellectual Property Cooperation (AWGIPC 62), have drawn the participation of leaders of IP Offices from 10 ASEAN countries, ASEAN Secretariat and ASEAN dialogue partners on intellectual property such as World Intellectual Property Organization (WIPO), Korea Intellectual Property Office (KIPO) ), United States Patent and Trademark Office (USPTO),  European Intellectual Property Office (EUIPO), European Patent Office (EPO) and International Trademark Association (INTA).

The conference discussed various issues including: (i) assessment of implementation of priority activities in 2020 and approval the list of priority activities in 2021; (ii) review and assessment of implementation of cooperative activities towards ASEAN Program on intellectual property for the period of 2016-2025; (iii) Consultation meeting with partners to review about cooperation plans in recent years and in the future; (iv) Approved the tentative schedule of the AWGIPC meeting in 2021; and (v) Approved that Philippines would be the chairman to host the AWGIPC for the period of 2021-2023.

The conference also decided that due to Covid-19 pandemic, the 63rd AWGIPC Meeting will be held in the form of a video conference in the second half of March 2021.

In addition, Vietnam also hosted other events of ASEAN in the online form, such as the Leadership Meeting of Intellectual Property Offices of ASEAN countries and Korea Intellectual Property Office (KIPO); Dialogue meetings between ASEAN and other partners such as the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO), the European Intellectual Property Office (EUIPO), European Patent Office (EPO), and International Trademark Association (INTA) ./.

For more information, plese access: http://www.noip.gov.vn/vi_VN/web/guest/hoat-ong-shcn-quoc-te/-/asset_publisher/7xsjBfqhCDAV/content/viet-nam-chu-tri-hoi-nghi-truc-tuyen-cuoc-hop-lan-thu-62-nhom-cong-tac-ve-hop-tac-so-huu-tri-tue-cac-nuoc-asean-awgipc-62- 

News intergrated by ELITE LAW FIRM

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