What are limitations on intellectual property rights in Vietnam? What are subject matters of intellectual property rights in Vietnam?
What are limitations on intellectual property rights in Vietnam? What are subject matters of intellectual property rights in Vietnam? What are rights of producers of audio and visual fixation in Vietnam?
What are limitations on intellectual property rights in Vietnam?
Hello Lawnet. I'm searching infromation on regulations on Law stipulating copyright, copyright related rights, industrial property rights and rights to plant varieties; and the protection of such rights. I have a question. What are limitations on intellectual property rights in Vietnam? Thank you!
Answer:
Pursuant to Article 7 of the Law on Intellectual Property in 2005 (amended by Clause 3 Article 1 of the Law Amending and Supplementing the Law on Intellectual Property in 2009) stipulating as follows:
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 neither prejudice the State's interests, public interests, legitimate rights and interests of other organizations and individuals, nor violate other relevant provisions of law.
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.
Above is the content on limitation of intellectual property rights. For more detailed information, please refer to the Law on Intellectual Property 2005.
What are subject matters of intellectual property rights in Vietnam?
Hello Lawnet. My name is Minh Ha and living in Nghe An. I have a question. What are subject matters of intellectual property rights in Vietnam? Thank you!
Answer:
Pursuant to Clause 3 Article 1 of the Law Amending and Supplementing the Law on Intellectual Property in 2009 stipulating as follows:
1. Subject matters of copyright include literary, artistic and scientific works: subject matters of copyright-related rights include performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.
2. Subject matters of industrial property rights include inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.
3. Subject matters of rights to plant varieties include reproductive and harvested materials.
Above is the subject matters of intellectual property rights in Vietnam. For more detailed information, please refer to the Law on Intellectual Property 2005.
What are rights of producers of audio and visual fixation in Vietnam?
Hello Lawnet. My name is Ngoc Lam. I'm searching infromation on regulations on Law stipulating copyright, copyright related rights, industrial property rights and rights to plant varieties; and the protection of such rights. I have a question. What are rights of producers of audio and visual fixation in Vietnam? Thank you!
Answer:
Pursuant to Article 30 of the Law on Intellectual Property in 2005 (amended by Clause 9 Article 1 of the Law Amending and Supplementing the Law on Intellectual Property in 2009) stipulating as follows:
1. Producers of phonograms and video recordings have the exclusive right to exercise or authorize others to exercise the following rights:
a/ To directly or indirectly reproduce their phonograms and video recordings;
b/ To import and distribute to the public their original phonograms and video recordings and copies thereof by sale, rent or distribution by whatever technical means accessible by the public.
2. Producers of phonograms and video recordings will enjoy material benefits when their phonograms and video recordings are distributed to the public.
Above is rights of producers of audio and visual fixation in Vietnam. For more detailed information, please refer to the Law on Intellectual Property 2005.
Best regards!
