Intellectual property law of vietnam [No Fluff]

Last updated : Aug 21, 2022

Does Vietnam protect intellectual property?

Being a member of the World Trade Organization and World Intellectual Property Organization, Vietnam's IP legislation covers most aspects of protection of IP in accordance with the international standards required by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement).

Does Vietnam have copyright laws?

In conformity with Berne Convention, the IP Law of Vietnam also provides, under Article 6.1, that “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 ...

What are Intellectual property rights?

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

What rights are protected by intellectual property laws?

Intellectual Property law deals with laws to protect and enforce rights of the creators and owners of inventions, writing, music, designs and other works, known as the "intellectual property." There are several areas of intellectual property including copyright, trademarks, patents, and trade secrets.

What are the preventive measures that the government should do to protect strengthen the intellectual property rights in VN the world?

• Improve and expedite civil judicial enforcement procedures.
• Improve administrative enforcement procedures.
• Improve action against Internet infringements.
• Improve customs enforcement procedures.
• Address deficiencies in criminal IP law and procedures.

Is Vietnam a Berne Convention?

The Socialist Republic of Vietnam has acceded to the Berne Convention for the Protection of Literary and Artistic Works.

Who is the copyright's owner all over the world?

Copyright ownership The copyright of a work generally belongs to its creator or his employer. Without proof to the contrary, the person or entity whose name appears on the work is the copyright holder of the work.

What is copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

What are the 4 types of intellectual property?

Patents, trademarks, copyrights, and trade secrets are valuable assets of the company and understanding how they work and how they are created is critical to knowing how to protect them.

What are the 7 intellectual property rights?

Rights. Intellectual property rights include patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and in some jurisdictions trade secrets.

What are the 5 types of intellectual property?

• Patents. The U.S. Patent and Trademark Office grants property rights to original inventions, from processes to machines.
• Trademarks. Trademarks protect logos, sounds, words, colors, or symbols used by a company to distinguish its service or product.
• Copyrights.
• Trade Secrets.

What is the main purpose of intellectual property law?

The law of intellectual property is commonly understood as providing an incentive to authors and inventors to produce works for the benefit of the public by regulating the public's use of such works in order to ensure that authors and inventors are compensated for their efforts.

What is an example of intellectual property?

Utility patents: for tangible inventions, such as products, machines, devices, and composite materials, as well as new and useful processes. Design patents: the ornamental designs on manufactured products. Plant patents: new varieties of plants.

Why is intellectual property law important?

Intellectual property protection is critical to fostering innovation. Without protection of ideas, businesses and individuals would not reap the full benefits of their inventions and would focus less on research and development.

Who is the first owner of copyright?

[(dd) in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.

Can two people own copyright?

Each copyright co-owner had independent rights to use and license the work, subject only to a duty to account to the other co-owners for any profits that are made. A co-owner can only convey as much as he possesses and cannot, therefore, transfer or assign the rights of other co-owners.

How long does a copyright last?

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

What are the 2 types of copyright?

There are two types of rights under copyright: economic rights, which allow the rights owner to derive financial reward from the use of their works by others; and. moral rights, which protect the non-economic interests of the author.

What is violation of intellectual property rights?

Intellectual property infringement is the violation of an intellectual property right. For example, creating a listing using a third party's image, trademark, logo, design, etc., without the appropriate permission from the intellectual property rights owner, can constitute intellectual property infringement.

What is a trademark vs copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

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intellectual property subject matter is divided into three groups included subject matter of copyright subject matter of industrial property rights subject matter of rights to plant varieties 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 programs 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 programs 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 seven subject matters inventions industrial designs designs of semiconducting 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

Thanks for your comment Federico Schoenherr, have a nice day.
- Dylan Estabrook, Staff Member

hello everybody i am farman i executive director of the italian chamber of commerce in vietnam and this is i charm connected in the last few years we have received many questions curiosity concern of the company european company italian company that want to do business in vietnam and the main concern is about intellectual property in vietnam how does this work and how is this current situation so in order to give you a better idea and answer to all those questions and have a better view about how ip works in vietnam we are glad to uh introduce you today mr chan mein ho mr chen my home is the managing partner of baker mckenzie in vietnam one of the top leading global law firms mr tom thank you for joining us today good morning hi thank you for having me here today thank you would you like to introduce a little bit about yourself and your company please megan mckenzie was the first international law firm i set up an office in vietnam back in 1993. right now apart from other practices we have very strong ib practice iv practice is combination between traditional id and technology practice and i head up that practice in vietnam for many if european companies especially the the one that have never done business with vietnam before normally the approach wouldn't be let's say let's start business first let's try some potential partners some potential client first if the business goes well and then we will think about the ip issue so would you think that it's the right approach i think it's very common for business people to put business you know ahead of the road say doing business first and ip comes later but i think in terms of that we have to change strategy right now because we have so much problem with iv issues like ib infringement copycats you know copyright infringement and even like iptf so strategy needs to be chained a little bit very often iv is considered like cost but not an asset but in practice you know and under the law ib actually is a very important asset it adds a lot of advantage competitive you know at the business so that's why i think in term strategy the key thing is just to get it filed get it resisted before doing business very honest i'm not a legal background person and i believe that many um entrepreneur or businessman they don't have the legal background so when we talk about the legal issue is sometimes it's very difficult to understand could you help us to understand better what is intellectual property and how does it work please generally speaking vietnam recognizes many forms of ib under the ib law but in a nutshell include two two key components in copyright related rights and inter industrial property so copyrights and related rights refer to an exclusive right to a work or a neighboring right so i can take an example if i write a song and i'm the author and owner of the song but if you sing my song i hired a singer to sing my songs and that singer will have neighboring right yes to the songs so copyrights is automatically created from the day the moment that it was created like you know it doesn't have to go through regulation procedure vietnam is a burn convention member so that's why the copyright is protected in the burn convention members countries for example if one author creates a poem in italy and that poem will be protected as copyright in italy and then protected in vietnam as well yes industrial property can be trademark pattern and design blind variety or gi but let me go first with trademark so look at this one so keynote actually is a trademark right and the label is a trademark and then when we talk about trademark it it something can be readable you can pronounce it keynote yeah it has been protected right so design actually is the outside shape of the bottle yes so this can be protected as a design if it meets some requirements under vietnamese law so pattern actually is the technical invention and that gives the patent holder exclusive right to exploit commercialize the patent i can tell some example like pharmaceutical company if they own the patent over the government vaccine and they actually can really rule the whole healthcare system and they get paid a lot of money you know for exploiting it and commercializing it and licensing the patent in order to collect the royalty so patent can be a product or can be a process last but not least i'm not covering everything but i just want to highlight some fundamental iv subjects including like blind variety so blond variety gives the plant variety part holder the right to exclusively exploit a new variety like you know sd-25 you know from mr core yes you know it's something like it could be considered a blind variety as well mr hong could you please explain a little bit more what are the key factors to differentiate the between the different ip issues the key factor to differentiate between it subjects i think number one is the scope of prediction for copyright it gives the copyright holder exclusive right to use it exploit it distribute and make copy and stop other people from using it for trademark actually it gives the treadmill holder the right to use this first and to prevent other from using it in a similar identical way and the last thing is you can commercialize it by giving license to us so by and large commercializing ivy rights including trademark is really important it gives trademark holder an advantage add to the business and internal protection is also a key factor to differentiate between ip subset trademark can be protected forever if you renew every 10 years in under vietnamese law copyright it has a very long protection terms it will be the whole life of an author plus 50 years after the author died so but invention and pattern have a limited you know term like up to 20 years so again protection term is actually it's one of the key factors to differentiate between the other subjects yes thank you for many italian company european company when they approach a new market that the business from business point of view is very important to have business first right and ip somehow it seems a little bit uh ambiguous for many entrepreneurs but you said before one very important point that i found it's very interesting that the company should consider ib registration and access and not cost would you uh please clarify this as as you know this is important so they have a test market first to see if they can sell goods services to vietnam before thinking other factors but again um very importantly ip actually is an asset it's not a cost but many people still consider like a cost because you have to pay money to file an ip right you know quite time consuming and costly right many companies after they make a big sales in vietnam you know imported in products to vietnam and product become a blockbuster and they look back and say oh my god my iv right trademark has been stolen by a third party so they have to spend so much time to negotiate to get it back yeah so as i mentioned you know we can build a house we get costly but sometimes people regret just to file a trademark because about a few hundred dollars i would say that you kno

Thanks Markus your participation is very much appreciated
- Dylan Estabrook

About the author

Dylan Estabrook

I've studied fogponics at Lees-McRae College in Banner Elk and I am an expert in geotechnical engineering. I usually feel drained. My previous job was museum curator I held this position for 24 years, I love talking about figure skating and jaw harp. Huge fan of Alexa Demie I practice snorkeling and collect vintage cars.