Are clothing designs posted on social networks protected by intellectual property rights when stolen in Vietnam?

Are clothing designs posted on social networks protected by intellectual property rights when stolen in Vietnam?

Pursuant to Clause 3, Article 6 of the Intellectual Property Law 2005 amended by Article 2 of the Law on Insurance Business, the amended Intellectual Property Law 2019 regulates grounds for the generation and establishment of intellectual property rights as follows:

a) Industrial property rights to inventions, industrial designs, layout designs and trademarks shall be granted on the basis of decisions on granting protection issued by competent authorities in accordance with registration procedures specified in this Law or on the basis of recognized international registration granted accordance with international agreement to which the Socialist Republic of Vietnam is a signatory.

Industrial property rights to well-known trademarks shall be granted on the basis of their use instead of registration.

Industrial property rights to geographical indications shall be granted on the basis of decisions on granting protection issued by competent authorities in accordance with registration procedures specified in this Law or international agreement to which the Socialist Republic of Vietnam is a signatory.

Industrial property rights to industrial designs are established on the basis of the decision to grant a protection title. Therefore, currently your designs are not protected as industrial designs and to be protected for the above designs you need to complete registration procedures to be granted a protection title in Vietnam.

Can I apply for a protection title for a design that has already been granted a protection title in Vietnam?

According to the provisions of Article 90 of the 2005 Intellectual Property Law as amended by Article 1 of the 2009 Amended Intellectual Property Law, the first-to-file principle is stipulated as follows:

1. In case many applications are filed for registration of the same invention or similar inventions, or for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.

2. In case there are many applications filed by different persons for registration of identical or confusingly similar marks for identical or similar products or services, or in case there are many applications filed by the same person for registration of identical marks for identical products or services, the protection title may only be granted for the mark in the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.

3. In case there are many registration applications specified in Clauses 1 and 2 of this Article and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.

According to the above regulations in Vietnam, once someone else has registered for protection of the above design, you cannot register for protection anymore, unless there is an agreement between the parties. Because the protection title will only be granted to the earliest applicant or the earliest person to meet the requirements to be granted a protection title.

Therefore, if you have created a design, quickly register to receive a protection title and protect your intellectual property rights with your product to avoid theft of your rights in Vietnam.

What are methods of filing an application for registration of establishment of industrial property rights in Vietnam?

According to the provisions of Article 89 of the 2005 Intellectual Property Law supplemented by Article 2 of the Law on Insurance Business, the amended Intellectual Property Law 2019 stipulates the filing of applications to establish industrial property rights as follows:

1. Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam, and foreign organizations and individuals having production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights either directly or through their lawful representatives in Vietnam.

2. Foreign individuals not permanently residing in Vietnam and foreign organizations and individuals without production or business establishments in Vietnam shall file applications for registration of establishment of industrial property rights through their lawful representatives in Vietnam.

3. Applications for granting industrial property rights may be submitted physically or electronically.

According to this Article, applications for registration of industrial property rights are submitted in paper form to the state management agency on industrial property rights or electronically according to the online application system according to the above regulations in Vietnam. 

Best regards!