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An overview of Intellectual Property in Vietnam

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  • Property intellectual law No. 07/VBHN-VPQH dated June 25, 2019
  • Circular No. 01/2007/TT-BKHCN dated February 14, 2007

Understanding overally Intellectual property in Vietnam

From a legal perspective, intellectual property rights are a group of rights of individuals and organizations, including three basic groups: copyright and related rights, industrial property rights, and plant variety rights.

Generally, every business operating in the market use at least one type of intellectual property rights. Therefore, the protection of intellectual property is the protection of business operations. The larger the enterprise, the more diversified the market, the higher the need for protection intellectual. Therefore, intellectual property consulting is a promising area of ​​practice career of Lawyers.

The main branches of Intellectual Property in Vietnam

I. Copyright and Copyright-related rights

Legally, Copyright means the rights of organizations and individuals to works they have created or own.

Besides, Copyright-related rights mean rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, and encrypted program-carrying satellite signals.

II. Industrial property rights

Industrial property rights mean rights of organizations and individuals to inventions, industrial designs, layout-design of semiconductor integrated circuits, trade secrets, trademarks, trade names, geographical indications, and trade secrets. Accordingly, organizations and individuals have the right to repression of unfair competition.

Initially, Invention means a technical solution in the form of a product or a process that is intended to solve a problem by application of laws of nature.

Besides, Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.

Additionally, Trademark means any sign used to distinguish goods or services of different organizations or individuals.

Plus, the Layout-design of a semiconductor integrated circuit means a three-dimensional disposition of circuit elements and their interconnections in a semiconductor integrated circuit.

Trade name means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.

Next, Geographical indication means a sign which identifies a product as originating from a specific region, locality, territory, or country.

Lastly, Trade secret means information obtained from financial or intellectual investment activities, which has not yet been disclosed and can be used in business.

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