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Industrial property rights in Vietnam

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Law on intellectual property

The concept of industrial property rights in Vietnam

Industrial property rights are the rights of organizations and individuals to inventions; industrial designs; layout designs of semiconductor integrated circuits; trademarks, trade names, geographical indications, and business secrets; created or owned by themselves and the right to fight against unfair competition. (Clause 4, Article 4 of the 2005 Intellectual Property Law).

The above provisions show that unlike copyright, the objects of industrial property rights are directly related to production; business and commercial activities and these objects can be divided into two basic groups. :

  • Creative objects in the industrial field such as inventions, designs, and layout designs of semiconductor integrated circuits, etc.
  • Objects that are distinctive signs in trade, such as trademarks, trade names, geographical indications, trade secrets, etc.

Features of industrial property rights in Vietnam

As one of the basic civil rights of organizations and individuals, industrial property rights have the following main characteristics:

Basis for arising industrial property rights

Industrial property rights arise when they granted a protection title by a competent authority (except in some exceptional cases). This is the basic difference between copyright and industrial property. For copyright, the law protects the expression of ideas, while for industrial property, the law protects content. of ideas.

Therefore, in principle, industrial property objects granted a protection title must meet certain conditions prescribed by law (for example, an invention must be new, inventive and capable of being patented industrial application).

Thus, industrial property rights are established not only through the creation of objects of industrial property rights but must be recognized or recognized by competent state agencies in the form of “diplomas”. protection” or “accepting protection”.

Industrial property rights are rights to intangible assets

The essence of industrial property rights is the right to own information and knowledge about science; technology; technology, etc. created by people. This information and knowledge exploited and used in commerce and bring certain benefits to the owner. Therefore, the protection of industrial property rights in foreign countries is very difficult.

Therefore, it is necessary to have an effective legal mechanism to protect industrial property rights for subjects in foreign countries; in order to ensure the legitimate rights and interests of owners, to encourage creativity; to promote the development of industrial property rights. the healthy development of commercial relations, etc.

You can refer to the article related to Owner’s rights to property under Viet Nam law, about Industry property

Related questions

Sources of law applicable to industrial property rights?

International treaties (General international treaties, Special international treaties) and national law.

Regulations on standards, scope and conditions of protection for objects of intellectual property rights?

These are minimum standards, so member states can expand but are not allowed to limit the provisions of TRIPs, basically the provisions of the Agreement on the Protection of Property Rights. industry is in accordance with the provisions of the Paris Convention 1883

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