First to file principle is
one of the two principles in protecting industrial property besides priority
principle.
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Intellectual Property Rights in
Vietnam
Accordingly, in case many applications are filed for registration
of the same invention or similar inventions, or for registration of industrial
designs identical with or insignificantly different from one another, the
protection title may only be granted to the valid application with the earliest
priority or filing date among applications satisfying all the conditions for
the grant of a protection title.
Regarding trademark, in case there are more than one applications
filed by different persons for registration of identical or confusingly similar
marks for identical or similar products or services, or in case there are more
than one applications filed by the same person for registration of identical
marks for identical products or services, the protection title may only be granted
for the mark in the valid application with the earliest priority or filing date
among applications satisfying all the conditions for the grant of a protection
title.
In case there are many registration applications specified above
and satisfying all the conditions for the grant of a protection title and
having the same earliest priority or filing date, the protection title may only
be granted for the object of a single application out of these applications
under an agreement of all applicants. Without such agreement, all relevant
objects of these applications will be refused for the grant of a protection
title.
To be concluded, this principle makes sure that one object of
industrial property is granted for only one person or one organization. If the
owner of object of industrial property could not consent to an agreement, all
relevant objects of these applications will be refused for the grant of a
protection title.
If the client needs help with handling such complaint, our IP attorneys in Vietnam at
ANT Lawyers will be of help.
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