What are the regulations on industrial property rights under international treaties in Vietnam in Decree 65/2023/ND-CP?
- Decree 65/2023/ND-CP: What are the grounds and procedures for establishing industrial property rights in Vietnam?
- What are the regulations on industrial property rights under international treaties in Vietnam in Decree 65/2023/ND-CP?
- Is it possible for Vietnamese organizations and individuals to submit international registration applications for industrial property to request protection of their rights in Vietnam?
Decree 65/2023/ND-CP: What are the grounds and procedures for establishing industrial property rights in Vietnam?
On August 23, 2023, the Government issued Decree 65/2023/ND-CP elaboration on several articles and implementation measures of the Law on Intellectual Property regarding industrial property rights, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.
Accordingly, Article 10 of Decree 65/2023/ND-CP stipulates the grounds and procedures for establishing industrial property rights as follows:
- Industrial property rights to an invention, layout design, industrial design, mark, and geographical indication shall be established based on a protection grant decision of the industrial property right authority issued to the applicant for such subjects according to Chapter VII, Chapter VIII, and Chapter IX of the Law on Intellectual Property and Appendix I of Decree 65/2023/ND-CP.
Industrial property rights to an internationally registered mark under the Madrid Agreement and Madrid Protocol shall be established based on a decision to grant protection to such a mark issued by an industrial property right authority.
Industrial property rights to an internationally registered industrial design under the Hague Agreement shall be established based on a decision to grant protection to such an industrial design issued by an industrial property right authority.
- Industrial property rights to a well-known mark shall be established based on the actual use practice of such a mark according to Article 75 of the Law on Intellectual Property without having to carry out registration procedures. When using the rights and handling a dispute over the rights to the well-known mark, the owner shall prove his/her rights with evidence prescribed in Point c Clause 5 Article 91 of Decree 65/2023/ND-CP.
- Industrial property rights to a trade name shall be established based on the actual legal use of such a name corresponding to the area (territory) and business line without having to carry out registration procedures. When using the rights and handling a dispute over the rights to the trade name, the owner shall prove his/her rights via evidence prescribed in Point b Clause 5 Article 91 of Decree 65/2023/ND-CP.
- Industrial property rights to a business secret shall be established based on the financial, intellectual investment, or other legal methods to find out, create, or achieve information and information security forming such a business secret without having to carry out registration procedures. When using the rights and handling a dispute over the right to the business secret, the owner shall prove his/her right via evidence prescribed in Point a Clause 5 Article 91 of Decree 65/2023/ND-CP.
- Anti-unfair competition rights shall be established based on the actual anti-unfair competition activities without having to carry out registration procedures at industrial property right authorities. When using the anti-unfair competition rights, holders shall prove their rights via evidence specifying subjects, fields, territories, and business time concerning competition.
What are the regulations on industrial property rights under international treaties in Vietnam in Decree 65/2023/ND-CP? (Image from the Internet)
What are the regulations on industrial property rights under international treaties in Vietnam in Decree 65/2023/ND-CP?
Article 11 of Decree 65/2023/ND-CP regulates industrial property rights under international treaties.
Accordingly, the industrial property rights under international treaties are as follows:
- If any international treaty concerning industrial property rights to which Vietnam is a signatory stipulates the recognition and protection of industrial property rights of organizations and/or individuals of members according to Article 6 of the Law on Intellectual Property, such industrial property rights shall be recognized and protected in Vietnam.
Industrial property rights shall be protected within a scope and period appropriate to international treaties. Registration procedures according to the Law on Intellectual Property are not required.
- The Ministry of Science and Technology of Vietnam shall disclose every essential information concerning industrial property rights recognized and protected in Vietnam under international treaties.
Is it possible for Vietnamese organizations and individuals to submit international registration applications for industrial property to request protection of their rights in Vietnam?
Article 13 of Decree 65/2023/ND-CP stipulates the right to register industrial property according to international treaties as follows:
Rights to register industrial property under international treaties
1. Foreign organizations and individuals meeting the requirements for protection of industrial property rights in Vietnam according to Article 2 of this Decree may apply for industrial property in Vietnam under international treaties on or related to procedures for submitting international applications.
2. Vietnamese organizations and individuals may submit international registration applications for industrial property to request protection of their rights in Vietnam if prescribed by international treaties.
Thus, according to the above regulations, Vietnamese organizations and individuals may submit international registration applications for industrial property to request protection of their rights in Vietnam if prescribed by international treaties.
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