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Intellecture Properties

 Currently, legislative system on intellectual property of Vietnam (Civil Law and Intellectual Property Law) is quite comprehensive, gradually moving towards principles and regulations of WTO and WIPO etc. Regarding international commitments, Vietnam is a member ratified to important declarations such as Paris convention, Madrid Treaty, Madrid Protocol of international registration for brand names of products or goods, Patent cooperation agreement, Berne convention on copy rights and especially Trips Agreement. Additionally multilateral and bilateral international treaties relating to court appeal, trial, arbitration, execution of court, decisions and legal cooperation made between Vietnam and other countries are fundamental documents and principles for executing rights to intellectual properties in Vietnam.

 

Author rights and related rights

 

Vietnam laws promulgates rights of any Vietnamese and foreign individuals, organizations that have works first published in Vietnam and not yet published in any other country, or simultaneously published in Vietnam within thirty days after its first publication in another country; foreign organizations and individuals that have works protected in Vietnam under international conventions on copyright to which the Socialist Republic of Vietnam is a contracting party, shall be entitled to intellectual properties for author rights if they are owners of these products or authors of these products. Author rights include moral rights (to title their works; to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used; to publish their works or authorize other persons to publish their works; to protect the integrity of their works, and to prevent other persons from modifying, mutilating or distorting their works in whatever form prejudicial to their honor and reputation..) and economic rights (to make derivative works; to display their works to the public; to reproduce their works etc.) Duration of intellectual property lasts from 50 years to author’s death and to next 50 years after the author’s death or lasts forever, depending on types of products.

 

Performers, owners of performance or shows, phonograms and video recordings or persons in charge of broadcasting or television show shall be entitled to intellectual rights relating to author rights. Duration of protection rights lasts for 50 years after the performance or shows as stated in the agreement or based on time of recording or filming if the records or films have not been yet released or based on years of broadcasting or television show.

 

The Vietnam legislative system also stimulates the registration of certificates of copyrights and related rights, yet this is not compulsory document in order to benefit from the copyrights and related rights. However, organizations and individuals that are granted certificates of registered copyright or certificates of registered related rights shall not have to bear the burden of proof of such copyright and related rights upon disputes, unless rebutting proofs are adduced.

 

Intellectual property right holders shall be entitled to request any organizations or individuals who violate copyrights to give a public apology, public correction of statement and compensation; to request the state competent offices to deal with violations of copyrights or to send a prosecution to court; to request for a temporary emergency measure by a court or to request for self-protection of their copyrights through arbitration. 

 

Industrial property rights

 

Invention

 

Invention which is considered as a novelty to the world with creativity and industrial applicability shall be entitled to industrial property rights. Especially works which are not eligible for industrial property right following TRIPS Treaty shall be still entitled to right protection in Vietnam. Invention to be considered novel to the world and susceptible of industrial application, even without creative features shall be entitled to right protection through unique certification of useful solution. Holders of the unique invention or unique certification of useful solution shall have their autonomy in utilization, transfer rights holding and rights for using inventions to others. The right holders shall have rights to request others to stop any violating behaviors to the industrial rights and compensate for their violation activities. Limitation period of the Unique invention certificate and unique certification of useful solutions is 20 and 10 years relatively since the date of certificate application submission and since the effective dates of its issuance. 

 

Industrial designs

 

Any industrial designs which are novel, creative and susceptible of industrial application shall be protected in Vietnam. Designers, organizations or individuals who invest in kinds and money for designers shall be entitled to register for unique certificate of industrial designs. Unique certificate of industrial design is valid since the issuance date and it is valid for 5 years since the certificate application, and it can be extended for 2 consecutive terms of 5 years each.

 

Software design contained in semiconductor integrated circuits

 

Any authors who design the semiconductor integrated circuits with original and commercially novel features; any organizations or individuals investing money and in kinds for the authors shall be entitled to registration for a certificate and protections. The certificate of designing semiconductor integrated circuits is valid since the granting date and terminated sooner in the following dates a) completion of 10 years since the certification application submission; b) completion of 15 years since the invention of the design.

 

Marks, including services marks

 

Marks are protected in accordance with the 2005 civil law and 2005 law on intellectual property. These laws were developed in line with TRIPS treaty and Paris convention. Marks are protected if they meet the following conditions 1) Being a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colors; b) Being capable of distinguishing goods or services of the mark owner from those of other subjects. Any organisations and individuals shall be entitled to register for marks used for their produces or their services, however it is not compulsorily required. After submitting an application and receiving approval, registered marks are noticed in the official Gazette of Industrial property. 

 

Trade names

 

A trade name shall be protected when it is capable of distinguishing the business entity bearing it from

other business entities operating in the same business field and locality

 

Geographical indications eligible for protection, including names to identify sources of products

 

Geographical indications eligible for protection in accordance with the 2005 civil law and the 2005 law on intellectual property. Note that Names or indications which have become generic names of goods in Vietnam shall not be entitled to protection. Foreign names or indications which are already protected in the original countries shall be entitled to protection in Vietnam. Any holders who have rights to use or own its geographical indications or have submitted an application for protection in the original countries shall be entitled to submit an application for protection in Vietnam and entitled to register to Vietnamese Directory of geographical indications. Certificated of geographical indications is valid with unlimited duration since the issuance date. 

 

Business secrets

In Vietnam, business secrets are protected if it is defined as being neither common knowledge nor easily obtained; being capable, when being used in business activities, of rendering advantages to its holder over those who do not hold or use it; being kept secret by its owner with necessary measures so that it shall neither be disclosed nor easily accessible. 

 

Rights to plants variety

 

Plants are eligible for protections if they are new, distinct, uniform, stable and designated by proper

denominations. Duration of protection for the plant inventors is 25 years for wood trees and grapes while 20 years for other plants or agricultural products since the date of identified rights. Rights of plant inventors are not expanded to its products or harvesting results if it uses illegal materials for extending the protected plants.

 

 

 

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