Limitation of intellectual property rights under the Law on Intellectual Property of Vietnam

Limitation of intellectual property rights under the Law on Intellectual Property of Vietnam

What does intellectual property rights include according to the law in Vietnam?

According to the Law on Intellectual Property, intellectual property rights means rights of an organization or individual to intellectual assets .

Intellectual property is a product created by human intelligence through creative activities in various fields of social life.

Intellectual property rights include copyright and copyright related rights, industrial property rights and rights to plant varieties.

Limitation of intellectual property rights under the Law on Intellectual Property of Vietnam

Intellectual property right holders shall only be permitted to exercise their rights within the scope and term of protection provided for in Law on Intellectual Property.

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.

In order to assure objectives of national defence and security, the people's livelihood and other interests of the State and society stipulated in this Law, the State may prohibit or restrict the exercise of intellectual property rights by the holders thereof or may compel such holders to license one or more of their rights to other organizations or individuals on appropriate terms.

Term of copyright protection in Vietnam

** The moral rights stipulated in clauses 1, 2 and 4 of article 19 of Law on Intellectual Property shall be protected for an indefinite term. The moral rights include:

+ To give titles to their works.

The author has the right to transfer the right to use the right to name the work to the organizations or individuals that receive the transfer of property rights specified in Clause 1, Article 20 of the Law on Intellectual Property;

+ To publish their works or to authorize other persons to publish their works.

+ To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honour and reputation of the author.

**Moral rights specified in Clause 3, Article 19 (To publish their works or to authorize other persons to publish their works) and economic rights specified in Article 20 of the Law on Intellectual Property shall enjoy the following terms of protection:

 (1) Cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. If a cinematographic work or stage work has not been published within fifty (50) years from the date of its formulation, the term of protection shall be calculated from the date of its formulation. When information on the author of an anonymous work appears, the term of protection of such work shall be calculated pursuant to sub-clause (b) below;

 (2) Any work not stipulated in sub-clause (1) above shall be protected for the whole life of the author and for fifty (50) years after his or her death. In the case of a work of joint authors, the term of protection shall expire in the fiftieth year after the death of the last surviving co-author;

 (3) The term of protection stipulated in sub-clauses (1) and (2) of this clause shall expire at 24:00 hours on 31 December of the year of expiration of the copyright protection term.

Term of protection of related rights in Vietnam

The rights of performers shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance.

The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.

The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year following the year of the making of a broadcast.

The terms of protection of the above regulations shall expire at 24:00 hrs on 31 December of the year of expiration of the term of protection of the related rights.

Chau Thanh

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