In the process of development of global
business, the growth of multinational corporations or business will help
individuals and companies to bring their products to the world. In addition to
bringing their products to customers, the protection of intellectual property
rights for products created is extremely important and necessary. We would like
to highlight important matters when registering
for intellectual property rights protection in Vietnam.
First, in order to be able to register for
protection of intellectual property rights, the protected product must meet all
conditions to be protected under the provisions of the Intellectual Property
Law of Vietnam.
After meeting all
of conditions for protection of intellectual property
rights, the owner should pay attention to the procedures for registering
intellectual property rights. According to the Intellectual Property Law 2005,
the time of intellectual property rights to copyright is when products are
created and expressed in a certain material form without needing to register.
However, industrial property rights for inventions,
industrial designs, layout designs, trademarks, geographical indications are
established on the basis of a decision to grant protection titles by competent
state agencies rights under the registration procedures prescribed in the
Intellectual Property Law or recognition of international registration under
the provisions of international treaties to which the Socialist Republic of
Vietnam is a member; for well-known trademarks, ownership is established on the
basis of use, regardless of the registration procedure. Therefore, in order to
be able to establish their intellectual property rights for products created,
the owner needs to register for product protection in accordance with
regulations, the order given by the Law on Intellectual Property in
Vietnam.
In addition to the prescribed registration
procedures, the owner should pay attention to the time of filing the
application for protection, and it is suggested to submit the application as
soon as possible. Under the provisions of the Intellectual Property Law, in
cases where many applications for inventions are identical or similar,
industrial designs are identical or not significantly different from each
other, the protection title shall be granted only for an invention or
industrial design on a valid application, the earliest priority date or filing
date shall be among the applications that meet the conditions for being granted
a protection title. In the case of multiple applications by different people
registering marks that are identical or confusingly similar to each other for
products or services that are identical or similar to each other or in the case
of multiple applications of the same those who register identical marks for
identical products or services, the protection title is only granted to the
trademark in the valid application with the earliest priority date or filing
date among the applications that meet the requirements sued to be granted a
protection title. In case there are many applications for registration as
stipulated above and all meet the conditions to be granted a protection title
and have the same priority date or the earliest filing date, the protection
title will only be granted to the subject of a single application of those
applications as agreed by all applicants; if no agreement is reached, the
corresponding objects of those applications are refused the protection certificate.
Therefore, in order to protect their
intellectual property rights, the owner needs to meet all conditions for the
product, in addition to necessary procedures as prescribed by law and promptly
apply for a certificate of protection for the product. The protection of
products will help individuals and companies gain competitive edge
during their commercial operation, in addition to avoiding the risks of being
infringed upon intellectual property rights.
ANT Lawyers, a law firm in
Vietnam with a team of experienced lawyers, IP consultants and
IP agent in Vietnam in the field of Intellectual Property will help customers
implement procedures for registering intellectual property rights in the most
effective way.
