Subject matters of intellectual
property rights in Vietnam is divided into three groups
included: subject matter of copyright, subject matter of industrial property
rights, subject matter of rights to plant varieties. In
details:
Protect Intellectual Property Rights in Vietnam
-The subject matter of copyright shall
comprise literary, artistic and scientific works; the subject matter of
copyright related rights shall comprise performances, audio and visual
fixation, broadcasts and satellite signals carrying coded programmes.
-The subject
matter of industrial property rights shall comprise
inventions, industrial designs, designs of semi-conducting closed circuits,
trade secrets, marks, trade names and geographical indications.
-The subject matter of rights to plant
varieties shall comprise plant varieties and harvested materials.
Pursuant to Intellectual Property
right 2005 (amended in 2009), Intellectual property rights means rights
of an organization or individual to intellectual assets comprising copyright
and copyright related rights, industrial property rights and rights to plant
varieties. For example, software computer program can be protected
under Copyright, or name of a product can be protected under Industrial
property right that is Trademark or the outward appearance of a car can be
protected as Industrial design.
However, intellectual
property rights are generated and established based on certain grounds:
Firstly, copyright shall arise at the
moment a work is created and fixed in a certain material form, irrespective of
its content, quality, form, mode and language and irrespective of whether or
not such work has been published or registered. For instance, a musician is
about to write a song, however, the idea of the song still bears in mind of the
musician and have not written down yet. At that time, copyright of the musician
still does not generate.
Secondly, related rights shall arise
at the moment a performance, audio and visual fixation, broadcast or satellite
signal carrying coded programmes is fixed or displayed without causing loss or
damage to copyright. Related right is the right related to copyright.
Proceeding to above example, when the musician has finished writing his song
and is sung by the singer on stage, the right of the singer to sing the song of
the musician is related right.
Thirdly, different grounds for the
generation and establishment of industrial property right. As said above,
industrial property rights include 7 subject matters: inventions, industrial
designs, designs of semi-conducting closed circuits, trade secrets, marks,
trade names and geographical indications. These subjects have different grounds
for generating and establishing right:
-Industrial property rights to an
invention, industrial design, layout design, mark or geographical indication
shall be established on the basis of a decision of the competent State body to
grant a protection title in accordance with the registration procedures;
-Industrial property rights to a trade
name shall be established on the basis of lawful use thereof;
-Industrial property rights to a trade
secret shall be established on the basis of lawful acquirement of the trade
secret and maintaining confidentiality thereof.
Fourthly, rights to a plant variety
shall be established on the basis of a decision of the competent State body to
grant a plant variety protection title in accordance with the registration
procedures
It is wise to consult the advice of
a IP
attorneys in Vietnam to help assist you with your patent. We are a legal
marketplace with quality lawyers who are knowledgeable in various areas of the
law—including patents.
ANT
Lawyers is a law firm in Vietnam,
recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea
Legal, the global law firm network covering more than 150 jurisdictions. The
firm provides a range of legal services to multinational and domestic clients.
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