Currently, legislative system on intellectual property of
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.
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 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
Any industrial designs which are novel, creative and susceptible of industrial application shall be protected in
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
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
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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