The 15th National Assembly (NA) of Vietnam has opened its second working session, and been working on a number of draft laws and policies.  The Version 5/2021 of the Draft Amendment of IP Law (Draft Law) has also been submitted for the NA to appraise and debate in this session.  

A few key takeaways from the debate are:

  • The NA denoted that the Draft Law should be designed to have a better mechanism for protecting and commercializing state funded research results;
  • The Draft Law has earlier raised high concerns from several stakeholders as it proposed to limit availability of administrative measures against IP infringements.  Through the debate, the NA appears to be in favor of the status quo for current provisions.  The drafting committee will then assess the debate results and revise the Draft Law accordingly for the next steps of legislative process.
  • The NA raised the demand and importance of integration of commitments of international treaties (such as CPTPP and EVFTA) into local laws.  The drafting committee reported that they would design relevant provisions of the Draft Law not only in harmonization with these international treaties, but also in protection of the best interest of the nation.  
  • The NA also instructed the drafting committee to conduct thorough research and assessment on legislative techniques for a long term approach as well as to avoid unnecessary amendment in a short term of 1-2 years.  There could be a possible change of name to reflect a "new" IP Law, rather than an Amendment of the current IP Law.

The Draft Law will be further revised after the delate and it will be re-submitted in the third working session (estimated in June 2022) for the NA to finalize and pass.