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Decree No. 65/2023/ND-CP guiding the bases and procedures for establishing industrial property rights: What are the regulations?

Decree 65/2023/ND-CP guides the grounds and procedures for establishing industrial property rights are regulated as follows? Your question from T.A in Gia Lai.

Decree 65/2023/ND-CP guiding the basis and procedures for establishing industrial property rights

On August 23, 2023, the Government of Vietnam issued Decree 65/2023/ND-CP detailing some articles and measures for the implementation of the Intellectual Property Law concerning industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.

Article 10 of Decree 65/2023/ND-CP stipulates the basis and procedures for establishing industrial property rights as follows:

- Industrial property rights for inventions, layout designs, industrial designs, trademarks, and geographical indications are established based on decisions of the state management agency on industrial property rights granting protection titles to applicants who register those objects according to the provisions of Chapter VII, Chapter VIII, and Chapter IX of the Intellectual Property Law 2005 and Appendix I of Decree 65/2023/ND-CP.

- Industrial property rights for international trademarks registered under the Madrid Agreement and the Madrid Protocol are established based on the acceptance of protection by the state management agency on industrial property rights for the international registration.

- Industrial property rights for international industrial designs registered under the Hague Agreement are established based on the acceptance of protection by the state management agency on industrial property rights for the international registration.

- Industrial property rights for well-known trademarks are established based on practical widespread use of the trademark according to the provisions of Article 75 of the Intellectual Property Law without the need for registration procedures. When exercising rights and resolving disputes over well-known trademarks, the owner of the trademark must prove their rights with evidence as stipulated at Point c Clause 5 Article 91 of Decree 65/2023/ND-CP.

- Industrial property rights for commercial names are established based on practical legitimate use of the commercial name corresponding to the region (territory) and business field without the need for registration procedures. When exercising rights and resolving disputes over commercial names, the entity with the commercial name must prove their rights with evidence as stipulated at Point b Clause 5 Article 91 of Decree 65/2023/ND-CP.

- Industrial property rights for trade secrets are established based on financial, intellectual investment or any lawful means to discover, create or obtain the information and keep the information confidential, forming the trade secret without the need for registration procedures. When exercising rights and resolving disputes over trade secrets, the entity with the trade secret must prove their rights with evidence as stipulated at Point a Clause 5 Article 91 of Decree 65/2023/ND-CP.

- Rights against unfair competition are established based on the reality of competitive activities without the need for registration procedures at the state management agency on industrial property rights. When exercising rights against unfair competition, the entity must prove their rights with evidence showing the object, field, territory, and business time related to the competitive activity.

Decree 65/2023/ND-CP guiding the basis and procedures for establishing industrial property rights

Decree 65/2023/ND-CP guiding the basis, procedures for establishing industrial property rights

How are industrial property rights under international treaties regulated?

Article 11 of Decree 65/2023/ND-CP regulates industrial property rights under international treaties.

Industrial property rights under international treaties are regulated as follows:

- In case of international treaties related to industrial property to which Vietnam is a member, which provide for the recognition and protection of industrial property rights of organizations and individuals of member states as stipulated in Article 6 of the Intellectual Property Law, the industrial property rights of organizations and individuals of other members are recognized and protected in Vietnam.

Industrial property rights are protected within the scope, duration suitable to the provisions of international treaties and do not require registration procedures according to the provisions of Intellectual Property Law 2005.

- The Ministry of Science and Technology shall announce all necessary information related to industrial property rights recognized and protected in Vietnam according to international treaties.

Can Vietnamese organizations and individuals apply for international industrial property registration to request protection of their rights in Vietnam?

Article 13 of Decree 65/2023/ND-CP regulates the right to register industrial property under international treaties as follows:

Right to register industrial property under international treaties

1. Foreign organizations and individuals who meet the conditions to protect industrial property rights in Vietnam as stipulated in Article 2 of this Decree can apply for industrial property registration in Vietnam under international treaties on or related to international application procedures.

2. Vietnamese organizations and individuals can apply for international industrial property registration to request protection of their rights in Vietnam if the international treaty stipulates.

Thus, according to the above regulations, Vietnamese organizations and individuals can apply for international industrial property registration to request protection of their rights in Vietnam in case the international treaty stipulates.

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