What are intellectual property rights in Vietnam? What are the grounds for the generation and establishment of intellectual property rights in Vietnam?

Main Content

• What are intellectual property rights in Vietnam? What do intellectual property rights include?
• What are the grounds for the generation and establishment of intellectual property rights in Vietnam?
• What are the regulations on exercise of intellectual property rights related to the National Flag, National Emblem, and National Anthem of the Socialist Republic of Vietnam from 2023?

What are intellectual property rights in Vietnam? What do intellectual property rights include?

Pursuant to the provisions of Clause 1, Article 4 of the 2005 Law on Intellectual Property in Vietnam as amended by Clause 2, Article 1 of the 2009 Law on Amendments to some articles of the Law on Intellectual Property, the concept of "intellectual property rights" is defined as follows:

Intellectual property rights means rights of organizations and individuals to intellectual assets, including copyright and copyright-related rights, industrial properly rights and rights to plant varieties.

According to the above provisions, it can be understood that intellectual property rights are rights to the intellectual assets of organizations and individuals.

Intellectual property rights include:

- Copyright;

- Related rights;

- Industrial property rights;

- Rights to plant varieties.

In which, the subject matters of intellectual property rights is determined according to Article 3 of the 2005 Law on Intellectual Property in Vietnam as amended by Clause 1, Article 1 of the 2009 Law on Amendments to some articles of the Law on Intellectual Property as follows:

What are the grounds for the generation and establishment of intellectual property rights in Vietnam?

Regarding the grounds for the generation and establishment of intellectual property rights, Article 6 of the 2005 Law on Intellectual Property in Vietnam as amended by Clause 1, Article 2 of the 2019 Law on Amendments to some articles of Law on Insurance Business and Law on Intellectual Property stipulates as follows:

Grounds for the generation and establishment of intellectual property rights

1. Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.

2. Related rights shall arise at the moment a performance, audio and visual fixation, broadcast or satellite signal carrying coded programmes is fixed or displayed without causing loss or damage to copyright.

3. Industrial property rights shall be established as follows:

(a) Industrial property rights to an invention, industrial design, layout design, mark or geographical indication shall be established on the basis of a decision of the competent State body to grant a protection title in accordance with the registration procedures stipulated in this Law or the recognition of international registration pursuant to an international treaty of which the Socialist Republic of Vietnam is a member. In the case of a well known mark, industrial property rights shall be established on the basis of use and shall not be dependent on registration procedures;

(b) Industrial property rights to a trade name shall be established on the basis of lawful use thereof;

(c) Industrial property rights to a trade secret shall be established on the basis of lawful acquirement of the trade secret and maintaining confidentiality thereof;

(d) The right to prevent unfair competition shall be established on the basis of competitive activities in business.

4. Rights to a plant variety shall be established on the basis of a decision of the competent State body to grant a plant variety protection title in accordance with the registration procedures stipulated in this Law.

Thus, intellectual property rights are generated and established on the grounds of the above provisions, depending on different groups of rights.

What are intellectual property rights in Vietnam? What are the grounds for the generation and establishment of intellectual property rights in Vietnam?

What are the regulations on exercise of intellectual property rights related to the National Flag, National Emblem, and National Anthem of the Socialist Republic of Vietnam from 2023?

Pursuant to the provisions of Article 7 of the 2005 Law on Intellectual Property in Vietnam as amended by Clause 2, Article 1 of the 2022 Law on Amendments to some articles of the Law on Intellectual Property and Clause 3, Article 1 of the 2009 Law on Amendments to some articles of the Law on Intellectual Property on limitations on intellectual property rights as follows:

Limitations on intellectual property rights

1. Intellectual properly right holders may only exercise their rights within the scope and term of protection provided for in this Law.

2. The exercise of intellectual property rights must not infringe the interests of the State, the public interest or the legitimate rights and interests of other organizations and individuals, and must not breach other relevant provisions of law. Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem, and National Anthem of the Socialist Republic of Vietnam must not obstruct their use and dissemination.

3. In the circumstances where the achievement of defense, security, people's livelihood objectives and other interests of the State and society specified in this Law needs to be guaranteed, the State may prohibit or restrict the exercise of intellectual property rights by the holders or compel the licensing by the holders of one or several of their rights to other organizations or individuals under appropriate terms. The limitation on rights to inventions classified as state secrets complies with regulations of the Government.

Thus, according to the above provisions, from 2023, the exercise of intellectual property rights related to the National Flag, National Emblem, and National Anthem of the Socialist Republic of Vietnam must not obstruct their use and dissemination.