Amendment and supplement to the Insurance Business & Intellectual Property law to meet the integration of CPTPP

The law amending and supplementing a number of rules of the insurance business law and the intellectual property law, which has been passed by the National Assembly, has met the requirements of implementing international integration commitments, especially in the context of implementing Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) for these two areas.

Announcing some basic contents of the law amending and supplementing a number of rules of the insurance business law and the intellectual property law, Deputy Minister of Industry and Trade Tran Quoc Khanh said: Insurance Business Law and Intellectual Property Law is amended and supplemented to institutionalize the Party’s guidelines, the State’s policies on the full and serious implementation of international integration commitments; ensuring consistency, synchronization, feasibility, accessibility, effectiveness and efficiency of the legal system; create a favorable legal environment for individuals and organizations to operate effectively, contributing to promoting economic and social development; ensuring compatibility with international commitments that Vietnam is a member, especially the implementation of commitments in the CPTPP Agreement.

Deputy Minister of Industry and Trade Tran Quoc Khanh announces some basic contents of the law amending and supplementing a number of rules of the insurance business law and the intellectual property law

Deputy Minister of Industry and Trade Tran Quoc Khanh announces some basic contents of the law amending and supplementing a number of rules of the insurance business law and the intellectual property law

In particular, the Insurance Business law has supplemented the terms of word interpretation for insurance auxiliary services; insurance consultants; insurance risk assessment; insurance calculation; insurance loss assessment; insurance compensatory settlement assistance. At the same time, supplement regulations on the right to join career social organizations of organizations and individuals providing insurance auxiliary services. Amending and supplementing regulations on the content of state management for insurance auxiliary activities. Clause 1, Clause 4, Article 120 of the Insurance Business Law has been amended and supplemented with regulations on issuance and guidance on the implementation of legal documents on insurance assistance; supervision of providing insurance auxiliary services. At the same time, supplement Clause 9a, Article 124 on violations of the law on provision of insurance auxiliary services.

In order to create conditions for organizations and individuals operating in the insurance auxiliary industry have time to prepare to meet the conditions of providing insurance auxiliary services and ensuring the implementation of sanctions, Article 4, The modified insurance business law has provided a transitional clause: “Within 1 year this law takes effect, organizations and individuals providing insurance auxiliary services must meet the conditions of providing insurance auxiliary services under this law. In the event that the prescribed conditions are not met after 1 year, the individual or organization may not continue to provide insurance auxiliary services until the eligibility is met.

The amended Insurance Business Law also added item 32a after item 32 Appendix 4 List of industries conditional business investment of the Investment Law No.67/2014/QH13 has amended, supplemented some rules according to Law No.90/2015/QH13, Law No.03/2016/QH14, Law No.04/2017/QH14 and Law No.28/2018/QH14 with content: “32a. Insurance auxiliary services include insurance advice, insurance risk assessment, insurance calculation, insurance loss assessment, insurance compensatory settlement assistance”.

For the Intellectual Property Law, the contents of inventions, geographical indications, trademarks, intellectual property protection, enforcement and transition rules have been amended and supplemented. In particular, regarding the invention, amend article 60 in the direction of giving a wider exception for application submitted to the Vietnam (no limit on place disclosure and a period of 12 months from the date of disclosure).

Regarding geographical indications, amendment of Clause 1, Article 80 on how to evaluate a term is the general name of goods in Vietnam, supplementing the regulation that the assessment must be based on the understanding of consumers in Vietnam; Amend clause 3, Article 80 on assessing the possibility of confusion of geographical indications with trademarks. Supplementation of Article 120a regarding the recognition and protection of geographical indications according to international treaties, which determine the publication and processing of opinions of third parties to assess the protection conditions for geographical indications in the International treaties are carried out in accordance with the relevant provisions of this law with respect to geographical indications in applications for geographical indication registration submitted to the state management authority of industrial property rights.

Regarding the trademark, supplemented to Article 89 of the Intellectual Property Law, the application for registration of industrial property rights to be submitted in the form of a document to the state management authority of industrial property rights or electronic form according to the online filing system. Amend clause 2, Article 136 on obligations to use trademarks; Amending clause 2, supplementing clause 3, Article 148 stipulates that a contract to transfer the use of a trademark in order to meet the provisions of Article 18.27 of the CPTPP Agreement on not being required to register to determine the validity of the trademark of the transfer of the right to use a trademark, the use of the trademark of the transferee must be considered like to use the owner’s trademark in relation to the procedures for establishing, maintaining and protecting trademarks.

About protection of intellectual property rights. Concerning civil remedies: Amending clause 1, Article 205 supplements provisions on how to calculate value in deciding to compensate for losses in accordance with Article 18.74.4 of the CPTPP Agreement; supplementing clause 4, article 198 stipulates that the court has the right to request the losing party to pay the prevailing party to meet the obligations in Article 18.74.10 of the CPTPP Agreement; supplementing clause 5, Article 198 provides compensation for damages caused by abuse of intellectual property protection procedures to meet obligations under Article 18.74.15 of the CPTPP Agreement. Regarding border control: Amend clause 1, Article 218 to meet the obligations under Article 18.76.4 of the CPTPP Agreement, under which, the obligation to provide information to the right holder of the customs office in 30 days from the date of issuance of the decision to apply administrative measures to handle counterfeit trademarks and goods.

The provisions of the amended Intellectual Property Law take effect from January 14, 2019 for the following cases:

An application for establishing an industrial property right has a filing date from January 14, 2019. Request for invalidation of patents for patents, utility solutions, certificates of geographical indications issued on the basis of applications for establishment of industrial property rights with a filing date of January 14, 2019. Invalidation of trademark registration certificates is carried out from January 14, 2019…

For applications for registration of inventions and geographical indications submitted before January 14, 2019, they may continue to be handled according to the amended Intellectual Property law No. 50/2005/QH11, amended and supplemented some rules according of the law No.36/2009/QH12. Contracts for the use of trademarks signed between the parties but not registered with the State administrative authority on industrial property prior to 14/01/2019 are legally valid for the third party from the date of 14/1/2019. In cases of infringement of intellectual property rights, which have been accepted by a competent agency before January 14, 2019 but have not been settled, will be applied and resolved according to the amended Intellectual Property Law No.50/2005/QH11 and the Law No.36/2009/QH12.

Trong Quynh
Vietnam National Assembly Portal