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:
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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.
