DECREE NO.65/2023/ND-CP ISSUED WITH CHANGED AND ADDITIONAL PROVISIONS OF THE IP REGULATION - P2

Prepare for a shift in the IP landscape as we dive into the section Patent on this legal update. Here is a Part 2 of this topic.

1. Due to the delay in pharmaceutical authorization, the patent owner is eligible for compensation

In case there are delays in obtaining marketing authorization for pharmaceuticals, Article 131a of the amended IP law allows for compensation to be provided to the patent owner. The specific procedures for claiming this compensation are outlined in Article 42 of the Decree. As per these regulations, the patent owner can request compensation by submitting a formal request along with confirmation of the delayed marketing authorization for pharmaceuticals, which must be issued by the authority responsible for granting the marketing authorization. It is important to note that the compensation can only be sought once the pharmaceuticals have received authorization.

2. Form of patent certificate

Article 29.1 of the Decree introduces the issuance of electronic certificates for the first time. Starting from 23 August 2023, the default issuance of certificates will be in electronic form unless the applicant explicitly requests a paper form in their application.

3. Confidential invention

According to the IP law, a confidential invention is an invention that the responsible authorities, under the Law on Protection of State Secrets (Law No. 29/2018/QH14 “Law No. 29”) and related regulations, have designated as a State secret.
It is possible to file, examine, and obtain a patent for a confidential invention. The Decree, specifically Chapter IV (Articles 48-52), provides guidelines on the procedures for filing an application for a confidential invention. According to these regulations, you must submit the application for a confidential invention in printed form, and the patent office will treat all information and documents related to the application or granted patent as confidential.

4. Conclusion

In conclusion, the issuance of Decree No.65/2023/ND-CP with revised and additional provisions for Intellectual Properties regulation marks an important milestone in strengthening IP protection and enforcement. The updated decree displays a commitment to adapt to the evolving landscape of intellectual property rights and aligns with international standards. By providing clearer guidelines and procedures, it aims to provide a more conducive environment for innovation, creativity, and investment.

Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn
Email: miller@hmlf.vn

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