What is Industrial Property?

by DangKhoi

In order for modern society to achieve great achievements in science, engineering, and technology as it is today, people have maximized the creative ability of the brain. For a long time, people have been protecting the fruits of creative works in many ways. In particular, the law plays an important role when stipulating specific legal regulations on industrial property rights in particular and intellectual property rights in general, in order to protect the rights of inventors. So, What is Industrial Property? Let’s find out in this article with LSX Law firm.

Law on Intellectual Property 2005 amended and supplemented in 2009 and 2013 (referred to as the Intellectual Property Law)

Concept of industrial property rights

Together with copyright and rights to plant varieties, industrial property rights are one of the three important elements of law on intellectual property rights. Specifically, in Clause 4, Article 4 of the 2005 Intellectual Property Law, the concept of industrial property rights is:

4. So, 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 granted by created or owned and the right to combat unfair competition.

Through registration procedures at competent state agencies, the state will protect industrial property rights. Accordingly, the protection title granted by a competent state agency to the holders of industrial property rights is a legal certificate of paramount importance in establishing industrial property rights for industrial property rights. Unlike copyright, the registration of industrial property rights is a mandatory work to recognize personal and property rights for industrial property objects. However, there are also cases where the industrial property rights will arise on their own without the need to carry out procedures to apply for a protection title. At this time, the business name used for business registration is also protected by law as a trade name.

Objects of industrial property rights

So, various and abundant types of industrial property exist in many forms. Also, Nowadays, Sometimes it can cause confusion in the way of recognition by those who are not experts in the field of industrial property. Additionally, According to the current Intellectual Property Law, regulations on objects of industrial property rights are in two groups which are the creative group and the commercial group.

Creative group includes:

Inventions

Pursuant to Clause 12, Article 4 of the current Intellectual Property Law, which stipulates:

12. An invention is a technical solution in the form of a product or process to solve a defined problem by the application of natural laws.

Accordingly, technical solutions are understood as new structures, methods or substances or using old structures and methods according to new functions. Thus, an invention can exist mainly in two forms: a product and a process of creating a substance.

The conditions for protection for an invention are:

  • The invention must be novel,
  • have an inventive level, and be
  • capable of industrial application.

According to the provisions of law, any technical solution that satisfies all 3 requirements. If the above conditions are met, intellectual property rights will be protected as inventions.

Industrial design

Pursuant to Clause 13, Article 4 of the current Intellectual Property Law, stipulates:

13. An industrial design is the external appearance of a product represented by shapes, lines, colors or combinations. these factors.

Products here are objects, tools, vehicles, etc., which are manufactured by industrial or manual methods, have clear structure and function, and are circulated independently.

The conditions to be protected for an industrial design are:   

  • Must be novel,
  • have an inventive level, be
  • capable of industrial application.

Similar to the conditions for the protection of an invention protected by law. For an intellectual property right, the registrant must also fully satisfy the above three requirements.

Layout design of semiconductor integrated circuits

Pursuant to Clause 15, Article 4 of the Intellectual Property Law, regulations on the layout design of semiconductor integrated circuits are as follows:

15. Layout design of semiconductor integrated circuits (hereinafter referred to as layout design) is the spatial structure of circuit elements and the interconnection of those elements in a semiconductor integrated circuit.

In addition, Clause 14, Article 4 also stipulates that a semiconductor integrated circuit “is a product in the form of a finished product or a semi-finished product, in which elements with at least one active element and some or all of Links embedded within or on top of a semiconductor wafer to perform an electronic function. Integrated circuits are synonymous with ICs, chips and microelectronics.”

Conditions for a semiconductor circuit layout design include:

  • The product must be original
  • The product must be commercially novel

The commercial group includes:

Trademark

Pursuant to Clause 16, Article 4 of the Law on Intellectual property regulations on trademarks are as follows:

16. Trademark is a sign for distinguishing goods and services of different organizations and individuals.

In fact, a trademark is the most important and recognizable factor to distinguish products of the same type from different manufacturers and service providers.

Conditions of protection for a trademark include

  • a visible sign in the form of letters, words, drawings, images, including holograms, or a combination of such elements represented by one or more color
  • Having the ability to distinguish the goods and services of the trademark owner from those of other subjects.

Trade name

Pursuant to Clause 21, Article 4 of the current Intellectual Property Law, trade names are prescribed as follows:

21. Trade name is the name of an organization or individual used in business activities to distinguish the owner, business entity bearing that name with other business entities in the same field and business area.

The business area specified in this Clause is the geographical area where the business entity has clients, customers or has a reputation.

In business, for businesses in the same field, there will be fierce competition. The fact that businesses build an image of their business with a trade name associated with providing good quality goods and services will affirm their firm position in the market.

Conditions for protection of a trade name:

  • Must be able to distinguish it from other business entities in the same area, the same field of activity 
  • Must not be the same as the names of administrative agencies, major organizations administration, socio-political organization, professional social organization.

Geographical Indications

Pursuant to Clause 22, Article 4 of the current Intellectual Property Law, geographical indications are as follows:

22. A geographical indication is a sign that refers to a product originating in a particular region, locality, territory or country.

In a time when products are multi-category, multi-origin like today. The fact that a good with unique advantages in quality obtained only from a certain local territory, always occupies a prominent position compared to other goods in the market. Some examples of geographical indications such as Grapefruit show; Quang Xuong water pipe tobacco; Ly Son black garlic;…

So, Conditions for geographical indications are:

  • Indicate the geographical origin of the product; A geographical indication is a sign (can be a name, symbol, image, etc.)
  • Must be with a specific region or locality.
  • Must be for the sole purpose of identifying the source products and goods. The original is produced in that locality

Note about objects not protected as geographical indications:

  • Names and indications have become common names of goods in Vietnam.
  • A geographical indication of a foreign country in which the geographical indication is not protected, has been terminated or is no longer in use.
  • Geographical indication identical or similar to a protected mark, if used, will cause confusion as to the origin of the product.
  • A geographical indication misleads consumers about the true geographical origin of the product bearing that geographical indication.

Business secrets

Pursuant to Clause 23, Article 4 of the current Intellectual Property Law, business secrets are as follows:

23. A business secret is information from financial and intellectual investment activities that is a secret and is usable in business.

Normally, a business secret is information related to production and business activities, which is secretive and has a certain economic value because it creates a secret for the holder and has a certain value. certain economic benefits because it gives information holders an advantage over competitors.

Conditions for the state to protect trade secrets are:

  • It is not common knowledge and is not easily obtainable.
  • When used in business, it gives the holder of a business secret an advantage over someone who does not hold or use the trade secret.
  • Secured by the owner by necessary measures so that the business secret is unknown and not easily accessible.

Subjects of industrial property rights

Similar to copyright, subjects of industrial property rights also include authors and owners of industrial property objects.

Authors of industrial property objects

So these are individuals who have created intellectual products expressed in the form of inventions, industrial designs, and layout designs of integrated circuits. Besides, if industrial property objects are from a group of people, these people are co-authors.

So, Authors will be protected by law on moral rights to industrial property objects, moral rights belong only to the author, and cannot belong to anyone else in any form. These are rights such as recording the author’s name in the National Register of Industrial Property Objects, write the author’s name in the patent or registration certificate of industrial property objects, named as the author in published documents on industrial property objects

Besides moral rights, the author also enjoys property rights to industrial property rights. For example, the right to receive remuneration from the owner as agreed or prescribed by law. There are also cases where the author is concurrently the owner of an industrial property object; the property right is also the production and application to industrial production, commercial circulation, etc.

Owners objects of industrial property

On one hand, for groups of industrial property to be creative, the owner is the person whose name is on the certificate of registration of property rights

On the other hand, for target groups commercial property, the owners are those who are actually using and exploiting such objects.

Hope this article is useful for you to learn more about Industrial Property. If you need any further information, please contact LSX Law Firm0833102102

See more

Procedure for the registration of inventions under Vietnamese Law

Conditions of protection for inventions under Vietnamese Law

Regulation on copyright infringement under Vietnamese Law

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