Vietnam proposes scrapping 18 procedures, 5 business conditions on IP

The proposal was presented at a meeting of the National Assembly's Standing Committee on Thursday to discuss the draft law.

The three-article draft law focuses on simplifying administrative procedures, reducing business conditions and revising several regulations on state management of IP, Deputy Minister Minh said.

The draft would abolish a total of 18 administrative procedures, of which 16 relate to the issuance, reissuance and revocation of certificates for IP assessment organizations and cards for IP assessors.

The remaining two concern the registration of contracts transferring IP rights.

Meanwhile, changes to information about the holder of a protection title resulting from a transfer would instead be handled through the procedure for amending the protection title.

The draft would also remove five business conditions for IP assessment services.

Among the changes is the removal of business conditions for IP assessment services, with no specific conditions imposed on organizations and individuals conducting IP assessments. 

Instead, they would be required to notify authorities of their assessment activities and comply with obligations in conducting such assessments, Minh said.

The draft would also remove detailed provisions on dossiers, procedures and processes for establishing rights to plant varieties, leaving the government to provide detailed regulations.

Reviewing the draft, Phan Chi Hieu, chairman of the National Assembly's Committee on Legal and Judicial Affairs, said the committee's standing body basically agreed on the necessity and scope of the proposed amendments.

The committee stressed that the reduction of administrative procedures and investment and business conditions must be substantive and accompanied by appropriate post-inspection mechanisms to ensure effective state management.

National Assembly Chairman Tran Thanh Man said the reduction of procedures should go hand in hand with investment in human resources, technological infrastructure and data connectivity.

Without these conditions, shortening procedures could result in inadequate assessments and affect the quality of protection titles, Man said.

He said the amendments are important because they seek to shift the focus from simply protecting IP rights toward turning such rights into assets and commercializing them, while adapting to the digital economy and artificial intelligence.

Man called on the government to soon issue clear guidelines on IP related to intangible assets, including software, data and digital brands.

He also proposed preferential credit policies and accounting training for accountants and auditors on IP assets.

In addition, he called for measurable indicators for intangible products, a clear distinction between IP rights and copyright in software, and stronger copyright oversight on digital platforms, according to the National Assembly.