HANDOUT Intellectual Property 2021

HO
THI HAI THUY (MS)
INTELLECTUAL
PROPERTY
introduc5ons
•  Ho Thi Hai Thuy (MS.)

•  Foreign Trade University, Hochiminh city campus
•  Email: hothihaithuy.cs2@ftu.edu.vn
•  Tel: 0987 867 288
•  Teaching/Research:
–  Intellectual Property
–  Principles of Marketing
–  Marketing Management
–  International Marketing
2
READINGS MATERIALS
4.1. Textbook(s)
- Le Net, 2006, Intellectual Property Right
- WIPO, 2008, WIPO IP Handbook,
hCps://www.wipo.int/edocs/pubdocs/en/intproperty/489/wipo_pub_489.pdf
- Intellectual Property Lecture Notes
4.2. Op2onal reading(s)
- WIPO, 2009, The Economics of Intellectual Property
- WIPO, IP Asset Development and Management: A key strategy for economic growth
- NOIP, 2005, Guideline to IPR (In Vietnamese)
- NOIP, 2005, IP – Tool for Economic Development
- NOIP, 2005, Economics of IPR in Developing Countries
4.3. Websites and links
hCp://ipvietnam.gov.vn/documents/20182/626826/5.1.+Luat+So+huu+tri+tue+2005.pdf/5a8cbdf8-c7c1-457e-b9db-
b5a696a76ed7
hCp://ipvietnam.gov.vn/documents/20182/626826/5.2.+Luat+So+huu+tri+tue+sua+doi.pdf/a268a18f-
eb19-4884-892e-eeae913d7d47
hCp://www.noip.gov.vn/documents/20195/702193/Luat+42+sdbs+Luat+KDBH+Luat+SHTT.pdf/
0a48805e-0b44-40d8-9ea7-7bcc3a5a5faa

- wipo.int
-  noip.org
-  ippanorama.com
Course outline
1 •  Chapter 1: General Introduc<on to Intellectual Assets and IP Rights
2 •  Chapter 2: Fields of Intellectual Property Rights
3 •  2.1. Copyright and Related Right
4 •  2.2. Trademark and Other Trade Indica<ons
5 •  2.3. Patent
6 •  2.4. Plant Variety Rights
7 •  Chapter 3: Management/Commercializa<on of IPR
9 •  Midterm assignment
4
COURSE ASSESSMENT
Assessment Rate Form of Assessment Time allowance
Class participation 10%
Mid-term assessment 30% Group Exam + bonus mark
Final-term exam 60% In-class Exam 60 minutes

As students, we should buy and wear fake
branded (counterfeit/replica) clothes to save
money and to look fashionable.
Group forma5on
Groups of 4-6
Pick a name for group as a company name (10’)
Present your group (3’)

CHAPTER 1: INTRODUCTION TO
INTELLECTUAL PROPERTY
HO THI HAI THUY (MS.)

CONTENT
1.1 • DEFINITIONS
1.2 • IPR’s ROLES
1.3 • CHARACTERISTICS OF IPR
1.4 • HISTORY OF IP PROTECTION

1.1. DEFINITION
1.1.1. 1.1.2. fields

defini5on of IPR
1.1.1. DEFINITION
•  WIPO
Intellectual property, very broadly, means the legal
rights which result from intellectual ac<vity in the
industrial, scien5fic, literary and ar5s5c fields.
(IP Handbook: Policy, Law and Use)

IP = IP Right

1.1.1. DEFINITION
•  WIPO:
Intellectual property shall include rights rela5ng to:

- literary, ar5s5c and scien5fic works,
-  performances of performing ar5sts, phonograms and broadcasts,
-  inven5ons in all fields of human endeavor,
-  scien5fic discoveries,
-  industrial designs,
-  trademarks, service marks and commercial names and
designa5ons,
-  protec5on against unfair compe55on
-  and all other rights resul5ng from intellectual ac5vity in the
industrial, scien5fic, literary or ar5s5c fields
1.1.1. DEFINITION
•  Vietnam:
Intellectual property rights means rights of
organiza5ons and individuals to intellectual
assets, including copyright and copyright-related
rights, industrial property rights and rights to
plant varie<es.
(Vietnam IPL, art 4.1)
1.1.1. DEFINITION
Intellectual ac5vity

Crea5on

1.1.1. DEFINITION
Tangible assets

Intellectual assets

Intangible assets
1.1.2. Fields of IPR
Fields of IPR
Copyright Related rights Industrial property
Performances inven<ons
Literary, Scien<fic
ar<s<c and Phonograms
discoveries
scien<fic
works Industrial
broadcasts
designs
Trademarks
and all other rights resul5ng from Service

intellectual ac5vity in the industrial, marks
scien5fic, literary or ar5s5c fields
Commercial names
Designa<ons
protec<on against unfair

compe<<on
Fields of IPR
Copyright Related rights Industrial property

rights in plant varie5es
Performances Marks
Literary, Layout-designs of reproduc5ve and
ar<s<c Sound recordings, semiconductor integrated harvested
and video recordings circuits materials
scien<fic Industrial designs
works Broadcas<ng programs
Inven<ons
Satellite signals
carrying encrypted Trade secrets
programs
Trade names
Geographical indica<ons
(Vietnam IPL, 2005)

1.1.3. CHARACTERISTICS OF IPR
Territoriality
Exclusivity
Intangibility
•  Intangibility
–  “IP rights = rights of ideas”
–  The transfer of IP assets is more complex than
that of tangible assets
–  Rights can easily be infringed, either inten5onally
or inadvertently
•  Territoriality
–  Each country determines, for its own territory and
independently from any other country, what it is to be
protected as intellectual property, who should benefit
from such protec5on, for how long and how
protec5on should be enforced.
–  Principle: the laws of one na5on state apply only
within that na5on state
–  Interna5onal agreement has direct effect and
automa5cally becomes part of domes5c law without
further ac5on by the na5onal parliament or
legislature.
•  Territoriality
•  VN IPL-ArKcle 5-Applica5on of law
–  Where there exist intellectual property-related civil
maCers which are not provided for in this Law, the
provisions of the Civil Code shall apply.
–  Where there exist differences between this Law’s
provisions on intellectual property and those of other
laws, the provisions of this Law shall apply.
–  Where a treaty to which the Socialist Republic of
Vietnam is a contrac5ng party contains provisions
different from those of this Law, the provisions of
such treaty shall apply.
•  Exclusivity
–  Only IP owner can apply their IP works into life, allow
others to use their works, transfer them…
–  Exclusivity covers the original IP owner’s rights to
exclude others from exploi5ng their crea5vity without
their express authoriza5on.
–  In order to establish this exclusivity, anyone applying
for recogni5on of their IP rights must sa5sfy
whichever authority grants the rights that their
inven5on or expression is theirs, is original and is
dis5nct from anything similar in the country
concerned.
1.2. Necessity of IPR Protec<on
For the society?

For a country?

For the company?

For the average person?
•  To give statutory expression to the moral and

economic rights of creators in their crea5ons and
the rights of the public in access to those
Crea5ons
•  To promote, as a deliberate act of Government
policy, crea5vity and the dissemina5on and
applica5on of its results and to encourage fair
trading which would contribute to economic and
social development.
Are like any other property rights.

They allow creators, or owners, of
patents, trademarks or copyrighted
works to benefit from their own
work or investment in a crea5on.
For a business, IPR help:

–  Preven5ng compe5tors from copying or closely imita5ng a
company’s products or services;
–  Avoiding wasteful investment in research and development
(R&D) and marke5ng
–  Crea5ng a corporate iden5ty and reputa5on
–  Nego5a5ng licensing, franchising or other IP-based contractual
agreements (which will provide revenues through royalty)
–  Increase the market value and compe55veness of the company
–  Acquiring and accessing finances
–  Obtaining access to new market
•  Nega5ve effects of IP protec5on?
1.4. Role of IPR in Interna<onal Trade
Why should enterprises consider intellectual

property when taking the decision to export?

What are the intellectual property mistakes
most commonly made by exporters?

1. IP play an important and crucial roles in most
of expor<ng steps

•  The price of product may be affected by the
extent to which the brand/trademark is
recognized and valued by consumers; and by
the extent to which the product face the
compe55on from similar/iden5cal products
(which may be limited through IP protec5on)
Why should enterprises consider
intellectual property when taking the
decision to export?
•  In raising funds, holding patents over the
innova5ve technical aspects of your products
is oqen useful for convincing investors,
venture capitalists or banks of the commercial
opportuni5es
decision to export?
•  When adap5ng the product, its design, its

brand or its packaging for the export market,
the enterprise must guarantee a degree of
exclusivity over the adap5ons
decision to export?
•  The nego5a5on of agreements with partners

will have to take into account issues rela5ng
to the ownership of IP rights, par5cularly if the
product will be manufactures abroad or will
be modified, packaged or distributed by
overseas partners.
decision to export?
•  The marke5ng of your product will rely

strongly on your company’s brand image,
embodied primarily in its trademark, which, if
unprotected, would be impossible or
significantly more difficult to enforce in case
of copying or imita5on by compe5tors.
decision to export?
•  The 5ming of your par5cipa5on in fairs and

exhibi5ons may depend on whether you have
already applied for protec5on for your
inven5ons or designs, as early disclosure of
your innova5ve work may result in loss of
novelty and preclude you from applying for
protec5on at a later stage
decision to export?
2. Enable an enterprise to strengthen its

posi5on in export markets and stop other
companies from imita5ng or copying a work
that is protected by IPR
decision to export?
3. The failure to consider IP issues may result in

large or fatal losses if the products are
considered to be infringing upon the IP rights of
others in the export market concerned.
What are the intellectual property
mistakes most commonly made by
exporters
•  Is IP protec5on universal?
•  Once I have protected in my intellectual
property rights in my country, are they
automa5cally protected abroad?

exporters
•  Are laws and procedures for the protec5on of
IP rights are the same worldwide?
exporters
•  Do all countries protect intellectual property?

exporters
•  Not check whether a trademark is already

registered or is being used by compe5tors in
the export market

exporters
•  Not using the regional or interna5onal

protec5on systems
exporters
•  Apply too late for IP protec5on abroad

exporters
•  Disclosing informa5on too early or without a

confiden5ality or non-disclosure agreement

exporters
•  Infringing the IP rights of others
•  Not defining issues of ownership of IP rights
when outsourcing manufacturing
•  Seeking to license a product in a market
where the relevant patent or design is not
protected
•  Using a trademark that is inappropriate for
the market in ques5on
exporters
•  Not using the regional or interna5onal protec5on systems
•  Apply too late for IP protec5on abroad
•  Disclosing informa5on too early or without a confiden5ality
or non-disclosure agreement
•  Infringing the IP rights of others
•  Not defining issues of ownership of IP rights when
outsourcing manufacturing
•  Seeking to license a product in a market where the relevant
patent or design is not protected
•  Using a trademark that is inappropriate for the market in
ques5on
1.3. History of IP protec<on
Conven<ons and WTO
trea<es on IP
Paris conven5on 1994 –
on industrial TRIPS
property 1883
Berne Conven5on
on copyright 1886 2005
Madrid agreement
1891
Vietnam
WIPO IP law
IP laws Washington 1970
17’-18’
1967
UK
France
USA
WIPO
•  History: established in 1967 | Membership: 193 member
states | Director General: Daren Tang| Headquarters:
Geneva, Switzerland
•  WIPO is the global forum for intellectual property (IP)
services, policy, informa5on and coopera5on. It’s a self-
funding agency of the United Na5ons, with 193 member
states.
•  Its mission is to lead the development of a balanced and
effec5ve interna5onal IP system that enables innova5on
and crea5vity for the benefit of all. Its mandate, governing
bodies and procedures are set out in the WIPO Conven5on,
which established WIPO in 1967.
1.5. IPR Legal Framework
•  Interna5onal IP trea5es:
–  Set minimum standards of protec5on
–  Facilitate the acquisi5on of IP rights in more than
one jurisdic5on
•  Na5onal IP laws
•  Judicial system responsible for enforcing IP
laws
The Evolu5on of IP Trea5es
• Administers 25 Agreements rela5ng to:
• Substan5ve rules (harmoniza5on)
WIPO • Interna5onal registra5on
• Classifica5on

• TRIPS Agreement
WTO
Bilateral
Agreements (Trade
Agreements)
Harmoniza5on trea5es
Copy right and • Berne conven5on (1886)
• Rome conven5on (1961)
related rights
• WCT (1996)
• WPPT (1996)
Industrial • Paris conven5on for the Protec5on of Industrial Property (1883)
Property
Patents • The Patent law treaty (PLT) (2000)
Trademarks • Trademark Law Treaty (TLT) (1994)

•  Berne conven5on:
–  Protects rights of the authors in their literacy and
ar5s5c works in a uniform manner
–  Provides for na5onal treatment against works
from other countries party to the conven5on.
–  Lays down very important minimum protec5on
standards that have to be met by na5onal law
•  The Paris Conven5on for the Protec5on of
Industrial Property
–  Applies to industrial property in the widest sense,
including patents, marks, industrial designs, u5lity
models, trade names, geographical indica5ons
and the repression of unfair compe55on
–  The substan5ve provisions of the conven5on fall
into 3 main categories: na5onal treatment, right
of priority, common rules.
•  The Paris Conven5on for the Protec5on of
Industrial Property
–  Right of priority: on the basis of a regular first
applica5on field in one of the contrac5ng States,
the applicant may, within a certain period of 5me
(12 months for patents and u5lity models, 6
months for industrial designs and marks), apply
for protec5on in any of the other contrac5ng
States; these later applica5ons will then be
regarded as if they had been filed on the same
day as the first applica5on)
Interna5onal registra5on Trea5es
•  Enhancement of global protec5on system to
further simplify and reduce costs of obtaining
protec5on in mul5ple countries for:
–  Patents (20 years): Patent Coopera5on Treaty
(PCT)
–  Trademarks (10 years indefinitely): Madrid
agreement and protocol
–  Designs (10-50 years): Hague Agreement
–  Appella5ons of Origin: Lisbon Agreement
Na5onal IP legisla5on framework –
Viet Nam
•  IP and IP related Laws
–  Civil Code (No.33/2005/QH11 of 14 June 2005) part 6
–  Intellectual Property Law (2005)
–  Intellectual Property Law 2009 (revised some
provisions of IP Law 2005)
–  Related law: compe55on law, customs law,
technology transfer law…
•  The Governmental Degrees
•  Ministerial Circulars
•  NOIP’s no5ces
CHAPTER 2: COPYRIGHTS AND
RELATED RIGHTS
(PART 1)

CONTENT
Subject maber
Forms of excluded from
DEFINITIONS
protected works copyrights
protec<on
Content of Ownership of Terms of copyright

copyrights Copyrights Protec<on
Copyrights
infringement
Defini<on
•  Copyright means rights of organiza5ons and
individuals to works they have created or
own.
(VN IPL Art.4)
Copyright laws grant authors, ar5sts and other
creators protec5on for their literary and ar5s5c
crea5ons, generally referred to as “works”.

Defini<on
•  Work means a crea5on of the mind in the
literary, ar5s5c or scien5fic domain, whatever
may be the mode or form of its expression.
(VN IPL Art4)
Roles of copyrights in business
•  Copyrights and knowledge of copyrights
enable a business to
–  Control commercial exploita5on of original works
–  Generate income
–  Raise funds
–  Diminish risks of infringement
–  Use works owned by others
Copyright law system
•  Interna5onal agreements
–  Berne conven5on (BC) for the Protec5on of Literacy
and Ar5s5c Works 1886 (revised 1971), provides for:
•  Each members state to accord “na5onal treatment” to
foreign authors. This means giving outsiders the same
protec5on as is accorded domes5cally
•  Automa5c protec5on – enjoyment and exercise of
protec5on without formali5es
•  Independence of protec5on - Protec5on is independent of
the existence of protec5on in the country of origin of the
work
–  TRIPS Agreement (1994/95)
•  Makes BC mandatory for all WTO members, even that
are not par5es to the BC
•  Clarifies that computer programs and databases shall
be protectable as literacy works
•  Make copyright-related rights mandatory (performers,
produces of phonograms, broadcas5ng organiza5ons
op5onal)

–  WIPO copyright treaty 1996
–  WIPO performance and Phonogram Treaty 1996
–  Free Trade agreements/regional regimes
–  Universal copyright conven5on 1952

•  Viet Nam copyright regula5ons
–  Civil Code (No33/2005/QH11, 2005)-part 6
–  IP law 2005
–  IP law 2009
–  Degree No 100/2006/ND-CP 21/9/2006
–  ………

Subject maber of copyright protec<on
(Forms of protected works)

•  Work means a crea5on of the mind in the

literary, ar5s5c or scien5fic domain, whatever
may be the mode or form of its expression.
(VN IPL Art4)
Legality and quality are irrelevant
Ar5cle 14. Vietnam IPL
a/ Literary and scien5fic works, textbooks,

teaching courses and other works expressed in
wriCen languages or other characters;
b/ Lectures, addresses and other sermons;
c/ Press works;
d/ Musical works;
e/ Drama5c works;

Ar5cle 14. Vietnam IPL Ar5cle 14. Vietnam IPL
f/ Cinematographic works and works created by a

process analogous to cinematography (below
collec5vely referred to as cinematographic works);
g/ Plas5c-art works and works of applied art;
h/ Photographic works;
i/ Architectural works;
j/ Sketches, plans, maps and drawings related to
topography, architecture or scien5fic works;
k/ Folklore and folk art works of folk culture;
l/ Computer programs and data compila5ons.

f/ Cinematographic works and works created by a

process analogous to cinematography (below
collec5vely referred to as cinematographic works);
g/ Plas5c-art works and works of applied art;
h/ Photographic works;
i/ Architectural works;
j/ Sketches, plans, maps and drawings related to
topography, architecture or scien5fic works;
k/ Folklore and folk art works of folk culture;
l/ Computer programs and data compila5ons.

Deriva5ve works shall be protected if it is not

prejudicial to the copyright to works used to
create these deriva5ve works.
–  DerivaKve work means a work which is translated
from one language into another, adapted,
modified, transformed, compiled, annotated or
selected.


Deriva5ve works shall be protected if it is not

prejudicial to the copyright to works used to
create these deriva5ve works.
–  DerivaKve work means a work which is translated
from one language into another, adapted,
modified, transformed, compiled, annotated or
selected.

Forms of protected works
•  Protected works must be created personally

by authors through their intellectual labor
without copying others’ works.
(VN IPL. Art14)
•  Condi5ons to be protected:
–  To be accepted about the content
–  To be expressed in a certain form
–  To be original
Subject maber excluded from
copyrights protec<on
Ar<cle 15. VN IPL
1. Informa5on just for the purposes of
communica5on;
2. Legal norma5ve documents, administra5ve
documents, other documents in the judicial
sector and the official transla5on thereof.
3. Processes, systems, method of opera5on,
defini5ons, principles and sta5s5cs
Content of copyrights
Personal Property
Copyrights
rights rights
Ar<cle 19. Personal rights/ moral right
1. To name his or her work;
2. To put his or her real name or pseudonym in the work;
to have his or her real name or pseudonym men5oned
when his or her work is published or used;
3. To publish his or her work or authorize another person
to do so;
4. To protect the integrity of his or her work, to object to
any altera5on, mu5la5on, distor5on or other
modifica5on in any form which prejudice against his or
her honor and pres5ge.
Ar<cle 20. Property rights
1. Property rights include the following:
a) To create the deriva5ve work;
b) To perform the work to the public;
c) To reproduce the work;
d) To circulate to the public the original or copies of the work;
đ) To communicate the work to the public by wire or wireless
means, through electronic informa5on network or by any
other technical means;
e) To lease the original or copies of a cinematographic work
or a computer program.
2. The rights referred to in Clause 1 of this Ar5cle
shall be exercised by the author [or] the owner of
exclusive copyright or by another person with the
owner’s permission in accordance with this Law.
3. Organiza5ons, individuals who exploit or use
one, several or all of the rights s5pulated in
Paragraph 1 of this Ar5cle and Paragraph 3 of
Ar5cle 19 of this Law must ask for permission from
the copyright owners and pay them with royal5es,
remunera5on and other material benefits.
Ownership of Copyrights
•  Copyrights owners are organiza5ons,
individuals that own part or whole of the
property rights
An organiza5on, or
individual that assigns
An author A co-author a duty to or contract An heir
with an author
A copyrights assignee The State Public domain

•  An author who creates his work by using his
own 5me, finance and other physical and
technical facili5es shall have the personal
rights and property rights

•  Co-author who co-creates a work by using his
own 5me, finance and other material
condi5ons
•  Where the work created by co-authors
consists of different parts, each of which can
be used separately from others, the co-
authors shall have the rights over such
separate part
•  An organiza5on that assigns a duty of crea5ng a
work to an author, who is its employee, shall be
the owner of the rights except where otherwise
agreed.
•  An organiza5on, individual that contract with
an author who creates a work, shall be the
owner of the rights unless otherwise agreed.
•  An organiza5on, individual that is heir of
copyright in accordance with law on
inheritance shall be the owner of the rights
•  Copyright holders being right assignees
•  1. Organiza5ons and individuals that are assigned
one, several or all of the rights specified in Ar5cle
20 and Clause 3, Ar5cle 19 of this Law under
contracts are copyright holders.
•  2. Organiza5ons and individuals that are
managing anonymous works enjoy rights of
owners un5l the names of authors of these works
are iden5fied.”
(Art42)The following works shall be stated-owned
works:
a/ Anonymous works, except those specified in
Clause 2, Ar5cle 41 of this Law;
b/ Works of which terms of protec5on have not
expired but their copyright holders die without
heirs, their heirs renounce succession or are
deprived of the right to succession.
c/ Works over which the ownership right has been
assigned by their copyright holders to the State.

•  Ar<cle 43. Works of public domain
1. Works, of which the protec5on terms have
expired as s5pulated in Ar5cle 27 of this Law, is of
public domain.
2. All organiza5ons, individuals have the right to
use works s5pulated in Paragraph 1 of this Ar5cle
with the respect for personal rights of the authors
as s5pulated in Ar5cle 19 of this Law.
3. The Government shall provide specific provisions
on the use of works of public domain.
Terms of copyright Protec<on
•  Copyrights shall arise at the moment when a

work is created and expressed in a certain
material form regardless of its content,
quality, form, mean, language, whether or
not it has been published or registered.
Art6. VN IPL
•  The moral rights provided for in Clauses 1, 2

and 4, Ar5cle 19 of this Law shall be
protected for an indefinite term.
•  The moral rights provided for in Clauses 1, 2 and 4, Ar5cle
19 of this Law shall be protected for an indefinite term.
2. To put his or her real name or pseudonym in the work; to
have his or her real name or pseudonym men5oned when his
or her work is published or used;
3. To publish his or her work or authorize another person to
do so;
4. To protect the integrity of his or her work, to object to any
altera5on, mu5la5on, distor5on or other modifica5on in any
form which prejudice against his or her honor and pres5ge.
•  Art27: Property right and moral right No3/Art19
•  a/Cinematographic works, photographic works, works of applied
art and anonymous works have a term of protec5on of 75 years
from the date of first publica5on.
–  For cinematographic works, photographic works and works of applied
art which remain unpublished within 25 years from the date of
fixa5on, the term of protec5on is 100 years from the date of fixa5on.
•  For anonymous works, when informa5on on their authors is
published, the term of protec5on will be calculated under Point b
of this Clause.
•  b/ A work not specified at Point a of this Clause is protected for the
whole life of the author and for 50 years aqer his/her death.
–  For a work under joint authorship, the term of protec5on expires in
the fiqieth year aqer the death of the last surviving co-author
1. Property rights include the following:
a) To create the deriva5ve work;
b) To perform the work to the public;
c) To reproduce the work;
d) To circulate to the public the original or copies of the work;
đ) To communicate the work to the public by wire or wireless
means, through electronic informa5on network or by any
other technical means;
e) To lease the original or copies of a cinematographic work
or a computer program.
of this Clause.
of this Clause.
Copyright excep<ons
Ar<cle 25. Cases of use of published works in
which permission and payment of royal5es or
remunera5ons are not required
a/ Duplica5on of works for personal scien5fic research or
teaching purpose;
b/ Reasonable recita5on of works without
misrepresen5ng the authors’ views for commentary or
illustra5ve purpose;
c/ Recita5on of works without misrepresen5ng the
authors’ views in ar5cles published in newspapers or
periodicals, in radio or television broadcasts, or
documentaries;
d/ Recita5on of works in schools for lecturing purpose
without misrepresen5ng the authors’ views and not for
commercial purpose;
đ/ Reprographic reproduc5on of works by libraries for
archival and research purpose;
Copyright excep<ons
e/ Performance of drama5c works or other performing-art
works in mass cultural, communica5on or mobiliza5on
ac5vi5es without collec5ng any charges in any form;
g/ Audiovisual recording of performances for the purpose of
repor5ng current events or for teaching purpose;
h/ Photographing or televising of plas5c art, architectural,
photographic, applied-art works displayed at public places for
the purpose of presen5ng images of these works;
i/ Transcrip5on of works into Braille or characters of other
languages for the blind;
j/ Importa5on of copies of others’ works for personal use.
Copyright excep<ons
-  neither affect the normal u5liza5on of these
works
-  nor prejudice the rights of the authors or
copyright holders;
-  and shall indicate the authors’ names, and
sources and origins of these works.
not applicable to :
-  architectural works,
-  plas5c works
-  and computer programs.

Ar<cle 26. Cases of use of published works in which
permission is not required but the payment of
royal5es or remunera5ons is required

•  Use published works in making their broadcasts
which are sponsored, adver5sed, charged
–  neither affect the normal u5liza5on of these works
–  nor prejudice the rights of the authors or copyright
holders;
–  and shall indicate the authors’ names, and sources
and origins of the works.
•  does not apply to cinematographic works.

Copyrights infringement

•  The right of an owner of copyright are
infringed when one of the acts requiring
authoriza5on of the owner is done by
someone else without his consent.
VN IPL Art28
1. Seizing copyrights of a literary, ar5s5c, scien5fic work;

2. Assuming the author’s name of a work;
3. Publishing, dissemina5ng a work without its author’s
permission;
4. Publishing, dissemina5ng a co-author work without
permission of other co-author(s);
5. Modifying, mu5la5ng or distor5ng a work in any
forms, which is prejudicial to the author’s honor and
pres5ge;
6. Copying a work without permission of the author or
the copyrights owner (excep5on?) art25/1/a,đ
VN IPL Art28
7. Make deriva5ve works without permission of the
author or the copyrights owner of the work used to
make such deriva5ve work,
8. Exploi5ng a work of without permission of copyrights
owner, without paying royal5es and remunera5on and
other material benefits under the law
9. Ren5ng a work without any payment of royal5es,
remunera5on and other material benefits to its author
and copyrights owner;
10. Photocopying, producing, dissemina5ng, displaying
or communica5ng a work to the public by broadcas5ng
network or digital devices without permission of the
copyrights owner;
11. Publishing a work without permission of the
copyrights owner;
VN IPL Art28
12. Inten5onally canceling or invalida5ng technical methods
applied by the copyrights owner to protect copyrights of his
or her work;
13. Inten5onally erasing or amending electronic informa5on
on copyrights management of a work;
14. Producing, assembling, altering, distribu5ng, impor5ng,
expor5ng, selling or leasing an item of equipment when
knowing or having basis to know that such equipment is used
for invalida5ng the technical measures taken by the copyright
owner to protect the copyright to his/her works.
15. Making and selling a work of which the author’s signature
is being forged;
16. Expor5ng, impor5ng, dissemina5ng copies of a work
without permission of the copyrights owner.

How to obtain copyright protec5on?
•  A work is automa5cally protected as soon as

possible as it is created (fixa5on)
–  Problem: hard to enforce in case of conflicts
–  Solu5on: crea5ng proof of ownership
•  Registra5on
•  Deposit (lưu giữ bản gốc)
•  Use of copyright no5ce (sử dụng dấu hiệu thông báo về
QTG (e.g. ©2009)
•  Use of standard iden5fica5on numbering system (sử dụng
hệ thống đánh số nhận diện chuẩn) (e.g. ISBN books)
How to obtain copyright protec5on?
•  Bern Conven5on and TRIPS

A work is automa5cally protected in all countries that
are members of such interna5onal trea5es
Na5onal treatment + Territoriality: a separate
copyright protec5on system in each country

CHAPTER 2: COPYRIGHTS AND
RELATED RIGHTS
(PART 2)

Related rights law system
Interna5onal arrangements
•  Rome conven5on for the protec5on of Producers of Phonograms,
Broadcas5ng Organiza5ons and Performers 1961 provides for
–  The protec5on of performers, record manufacturers and
broadcasters
•  Agreement on Trade related aspects of IPR 1993 (TRIPS) provides
for
–  Mul5lateral minimum interna5onal standards, and
–  A dispute resolu5on mechanism in the event of a member state fails
to implement or enforce the rights
•  WIPO performances and Phonograms Treaty 1996 (internet treaty)
provide for
- Standards for the enhanced protec5on of the performers and
record manufacturers in the digital and online environments, as well as
extending protec5on to technological protec5on and rights
managements systems
•  Free trade agreements/regional regimes
•  Beijing treaty on audiovisual performances 2012
defini5ons
•  Copyright-related rights (hereinaqer referred

to as related rights) are the rights of
organiza5ons, individuals to performances,
phonograms, broadcas5ng programs, satellite
signals carrying encrypted program.
Art4 VN IPL
defini5ons
•  Copyright-related rights (hereinaqer referred

to as related rights) are the rights of
organiza5ons, individuals to performances,
phonograms, broadcas5ng programs, satellite
signals carrying encrypted program.
Art4 VN IPL
Protected organiza<ons, individuals
of related rights
–  performers (such as actors and musicians) in their
performances;
–  producers of phonograms (for example, compact
discs) in their sound recordings;
–  And broadcas5ng organiza5ons in their radio and
television programs.
hCp://www.wipo.int/export/sites/www/freepublica5ons/en/intproperty/450/
wipo_pub_450.pdf
Protected organiza<ons, individuals
of related rights
1. Actors, singers, musicians, dancers and others who
perform literary and ar5s5c works (hereinaqer referred to as
performers);
2. Organiza5ons, individuals that are owners of the
performances
3. Organiza5ons, individuals that make fixa5on of sounds,
images of a performance for the first 5me or other sounds
and images (hereinaqer referred to as producers of
phonograms).
4. Organiza5ons that take the ini5a5ve of and carry out the
broadcast (hereinaqer referred to as broadcas5ng
organiza5ons).
Art16 VN IPL

Subject mabers of related rights
protec<on

1. A performance
a) Performance of Vietnamese ci5zens performed in Vietnam
or abroad;
b) Performance of foreigners performed in Vietnam;
c) Performance fixed on a phonogram that is protected in
accordance with Ar5cle 30 of this Law;
d) Performance that has not been fixed on a phonogram but
is broadcasted and such broadcast are protected in
accordance with Ar5cle 31 of this Law;
đ) Performance protected in accordance with interna5onal
trea5es to which the Socialist Republic of Vietnam is party.

protec<on

•  2. A phonogram
•  a) Phonogram of producer who is with
Vietnamese na5onality;
•  b) Phonogram of the producer protected in
accordance with interna5onal trea5es to
which the Socialist Republic of Vietnam is
party.
protec<on

•  3. A broadcast, a satellite signal carrying
encrypted program shall be protected if it is one
of the following cases:
•  a) Broadcast, satellite signal carrying encrypted
program of an organiza5on with Vietnamese
na5onality;
•  b) Broadcast, satellite signal carrying encrypted
program of the organiza5on protected in
accordance with interna5onal trea5es to which
the Socialist Republic of Vietnam is party.
protec<on

•  Performances, phonograms and broadcasts
and satellite signals carrying encrypted
program shall only be protected as s5pulated
in Paragraph 1, 2, 3 of this Ar5cle provided
that they do not influence the copyrights
exercise.
Related right owners
•  1. Organiza5ons, individuals that use their own 5me,
finance and other material facili5es to make a
performance shall be the owners of that performance,
unless otherwise agreed with related party.
•  3. Organiza5ons or individuals that that uses their own
5me, finance and other material-technical facili5es to
make a phonogram shall be the owner of that
phonogram, unless otherwise agreed with related
party.
•  4. Broadcas5ng organiza5on is the owner of its
broadcas5ng program, unless otherwise agreed with
related party.
Contents of related rights
Rights of performers
•  1. Performers who are at the same 5me

investment owners have personal rights and
property rights to their performances; where
performers are not investment owners, they
shall have the personal rights and the
investment owner shall have the property
rights in respect of such performances.

2. Personal rights include the following rights:

a) Acknowledge performer’s name upon the
performance or distribu5on of phonograms, or
broadcast of his or her performance
b) Protect his or her performance image and
object to any modifica5on, mu5la5on,
distor5on of his or her performances in any
form that would be prejudicial to his or her
honor and pres5ge;

3. Property rights include the exclusive right to carry out or to
authorize any of the followings:
•  a) Fix his or her live performance in phonograms;
•  b) Directly or indirectly reproduce a fixa5on of his or her
performance;
•  c) Broadcast and communicate to the public his or her
unfixed performance, except where such performance for
broadcas5ng purposes.
•  d) Distribute to the public a fixa5on of his or her
performance or copies thereof by sale, rental, or any other
technical means accessible to the public.
•  4. Organiza5ons and individuals when exploi5ng and using
the rights s5pulated in Paragraph 3 of this Ar5cle shall
have the obliga5on to pay remunera5on to performers as
s5pulated by law or as agreement.
Rights of producers of phonograms
and video recordings

•  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
distribu5on by whatever technical means
accessible by the public.
Rights of producers of phonograms
and video recordings

•  2. Producers of phonograms and video
recordings will enjoy material benefits when
their phonograms and video recordings are
distributed to the public.
Rights of Broadcas<ng Organiza<ons
•  1. A broadcas5ng organiza5on shall have the exclusive

right to carry out or to authorize any of the following
acts:
•  a) Broadcast or rebroadcast its broadcast
•  b) Distribute to the public its broadcast
•  c) Fix its broadcast
•  d) Reproduce a fixa5on of its broadcast
•  2. A broadcas5ng organiza5on shall have the right to
get material benefits when their broadcas5ng
programs are recorded, broadcasted and distributed
to the public.
Related Rights Infringement
art 35

•  1. Abroga5ng the rights of performers, producers of
phonograms, broadcas5ng organiza5ons;
•  2. Assuming the names of performers, producers of
phonograms, broadcas5ng organiza5ons;
•  3. Publishing, producing and communica5ng to the public
fixed performances, phonograms, broadcasts without the
permission of performers, producers of phonograms,
broadcas5ng organiza5ons;
•  4. Modifying, mu5la5ng or distor5ng performances in any
form which prejudice to honor and pres5ge of performers;
•  5. Reproducing, extrac5ng fixed performances,
phonograms, broadcasts without the permission of
performers, producers of phonograms, broadcas5ng
organiza5ons;
Related Rights Infringement
art 35
• 
6. Removing or altering any right management informa5on in
electronic format without permission of the related right owner.
•  7. Inten5onally canceling or invalida5ng technical methods applied
by the related right owner to protect his or her related rights.
•  8. Distribu5ng, impor5ng for distribu5on, broadcas5ng,
communica5ng to the public performances, fixed copies of
performances or phonograms when knowing or having basis to
know that the right management informa5on in electronic format
has been removed or altered without permission of the related
right owner;
•  9. Producing, assembling, transforming, distribu5ng, impor5ng,
expor5ng, selling or ren5ng an item of an equipment when
knowing or having basis to know that such equipment is used for
illegal decoding a satellite signal carrying encrypted program;
•  10. Inten5onal recording or dissemina5ng con5nuously of a
satellite signal carrying encrypted program if the signal is decoded
without permission of the lawful distributors.
Use of related rights without
obtaining permission and paying
royal<es and remunera<on (art31)
•  a) Duplica5on by oneself of one single copy of works
for the purpose of personal scien5fic research;
•  b) Duplica5on by oneself of one single copy of works
for the purpose of teaching ac5vi5es, except when
phonograms, or broadcas5ng programs have been
published for teaching.
•  c) Reasonable quota5on the purpose of providing
informa5on only;
•  d) A broadcas5ng organiza5on temporarily makes a
phonogram by itself for broadcas5ng when it is
en5tled to the right to broadcast.
Use of related rights without obtaining
permission but paying royal<es and
remunera<on (Art10 – 2009/art33-2005)

•  Organiza5ons and individuals that directly or indirectly use phonograms
or video recordings already published for commercial purposes in making
their broadcasts, which are sponsored, adver5sed or charged in whatever
form, are not required to obtain permission but have to pay agreed
royal5es or remunera5ons to authors, copyright holders, performers or
producers of phonograms or video recordings, or broadcas5ng
organiza5ons from the date of use under regula5ons of the Government.
or video recordings already published for commercial purposes in making
their broadcasts, which are not sponsored, adver5sed or charged in
whatever form, are not required to obtain permission but have to pay
agreed royal5es or remunera5ons to authors, copyright holders,
performers or producers of phonograms or video recordings, or
broadcas5ng organiza5ons from the date of use under regula5ons of the
Government.
or video recordings already published for commercial purposes
Term of related rights
•  Related rights shall arise at the moment when

a performance, a phonogram, video
recording, broadcast or encrypted program-
carrying satellite signal is fixed or displayed
without prejudice to copyrights.
•  Art6 VN IPL
•  Rights of a performer shall be protected during the term of 50
years following the year of fixa5on of the performance.
•  Rights of a producer of phonograms shall be protected during the
term of 50 years following the year of publica5on of the
phonogram or during the term of 50 years following the year of
fixa5on if the phonogram has not been published.
•  Rights of a broadcas5ng organiza5on shall be protected during the
term of 50 years following the year of broadcast of the program.
•  Terms of protec5on s5pulated in Paragraphs 1, 2 and 3 of this
Ar5cle shall end at 24 o’clock of 31 December of the year when
term of related rights protec5on ends.
(art 34, VN IPL, 2005)
•  Fixa5on/performance + 20 years (minimum)

(art 14, Rome conven5on)
Fair use
Fair Use Doctrine, sec.107 USCA (Unites State Copyright Act)
•  (…) the fair use of a copyrighted work, including such use by reproducKon
in copies or phonorecords or by any other means specified by that secKon,
for purposes such as criKcism, comment, news reporKng, teaching
(including mulKple copies for classroom use), scholarship, or research, is
not an infringement of copyright.
•  In determining whether the use made of a work in any parKcular case is a
fair use the factors to be considered shall include
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educaKonal purposes;
(2) the nature of the copyrighted work;
(3) the amount and substanKality of the porKon used in relaKon to the
copyrighted work as a whole; and
(4) the effect of the use upon the potenKal market for or value of the
copyrighted work.
Fair Use Doctrine, sec.107 USCA (Unites State Copyright Act)
Fair Use Examples:
•  Quota5on of excerpts in a review or cri5cism for purposes of illustra5on
or comment
•  Quota5on of short passages in a scholarly or technical work, for
illustra5on or clarifica5on of the author’s observa5ons
•  Use in a parody of some of the content of the work parodied
•  Summary of an address or ar5cle, with brief quota5ons, in a news report
•  Reproduc5on by a library of a por5on of a work to replace part of a
damaged copy
•  Reproduc5on by a teacher or student of a small part of a work to
illustrate a lesson
•  reproduc5on of a work in legisla5ve or judicial proceedings or reports
Right clearance
•  Not necessary with works belong to the

public domain
•  Fair use:
–  Without remunera5on obliga5on
–  With remunera5on obliga5on
•  Permission from different owners

CHAPTER 3: INDUSTRIAL PROPERTY
PART 1: TRADEMARKS

INDUSTRIAL PROPERTY RIGHTS
•  Industrial property rights are the rights of

organiza5ons, individuals to inven5ons;
industrial designs; layout-designs of semi-
conductor integrated circuits; trademarks;
trade names, geographical indica5ons,
business secrets created or owned by them
and rights to repression of unfair compe55on.
Industrial Property rights
1 •  inven<ons
2 •  industrial designs
3 •  layout-designs
4 •  marks
5 •  trade names
6 •  business secrets
7 •  geographical indica<ons
Defini<on
Mark means any sign used to dis5nguish goods or
services of different organiza5ons or individuals.
(art4 VN IPL)

Defini<on
A trademark is any sign that individualizes the goods
of a given enterprise and dis5nguishes them from
the goods of its compe5tors. (WIPO)
The roles of trademarks in Business
•  Exclusive rights
–  Enable companies to differen5ate their products
–  A marke5ng tool and the basic for building a brand
image and reputa5on
–  Encourage companies to invest in maintaining or
improving product quality
•  A valuable asset
–  Can be used to nego5a5ng licensing, franchising or
other TM based contractual agreements, which
provide revenues through royalty, license fee
–  Can be used for acquiring and accessing finance
Interna5onal agreements
•  Paris conven5on for the protec5on of
industrial property, 1883
–  Na5onal treatment (Art3)
–  Right of priority (art6) (…..months)
–  Independence of protec5on of TM (art6)
–  Well-known marks (art 6 bis)
–  Prohibi5ons concerning State emblems, official
Hallmarks, and Emblems of Int-Gov Org (art6ter)
TRIPS (sec5on 2 of Part II, Art 15-21)
requirements for marks eligible for
protec<on
•  Ar<cle 72 VN IPL
•  1. Being a visible sign in the form of leCers,
words, drawings or images, including
holograms, or a combina5on thereof,
represented in one or more colors;
•  2. To be capable of dis5nguishing goods or
services of the mark owner from those of
others.
protec<on
•  Any sign, or any combina5on of signs, capable
of dis5nguishing the goods or services of one
undertaking from those of other undertakings,
shall be capable of cons5tu5ng a trademark
(art 15.1 TRIPS)
protec<on
1.  To be a visible sign:
LeCers
Words
Pictures
Figures
three dimensional figures
protec<on
Such signs, in par5cular words including
•  Personal names
•  LeCers
•  Numerals
•  Figura5ve elements
•  Combina5on of colors
•  And combina5on of such
(TRIPS Art 15.1)
protec<on
2. To be capable of dis<nguishing goods or
services of the mark owner from those of
others.
= …………………………
protec<on
•  Ar<cle 74 VN IPL 2005
–  A mark shall be considered dis<nc<ve if it consists
of one or several easily no5ceable and memorable
elements, or of many elements forming an easily
no5ceable and memorable combina5on, and does
not fall into the cases specified in…..
What are the criteria governing the refusal
of registra5on for lack of dis5nc5veness
(WIPO, VNIPL2005/Art74)
•  Generic Terms
A sign is generic when it defines a category or type to
which the goods belong. It is essen5al to the trade and
also to consumers that nobody should be allowed to
monopolize such a generic term.
•  Eg. ……………………………
(art74/2/b)
Conven5onal signs or symbols, pictures or common
names in any language of goods or services that have
been widely and regularly used and known to many
people;
•  Descrip<ve Signs
Descrip5ve signs are those that serve in trade to designate the kind,
quality, intended purpose, value, place of origin, 5me of produc5on or
any other characteris5c of the goods for which the sign is intended to
be used or is being used.

(art74/2/c,d)
•  Signs indica5ng 5me, place and method of produc5on, category,
quan5ty, quality, proper5es, ingredients, intended u5lity, value or
other characteris5cs, which is descrip5ve of goods or services,
except where such signs have acquired dis5nc5veness through use
before the filing of mark registra5on applica5ons;
•  Signs describing the legal status and business field of business
en55es

•  Reference to Geographical Origin
References to geographical origin (as opposed to the origin of the
goods in the sense of the origin-indica5ng func5on) are basically not
dis5nc5ve. They convey to the consumer an associa5on with the
geographical name, indicated either as the place of manufacture of
the goods in ques5on or of ingredients used in their produc5on, or
depending on factual circumstances—with certain characteris5cs of
the goods aCributable to their origin.

(art74/2/đ/e)
Signs indica5ng the geographical origin of goods or services, except
where such signs have been widely used and recognized as a mark or
registered as collec5ve marks or cer5fica5on marks as provided for in
this Law;
•  Lebers, Numerals and Basic Geometrical Shapes
–  (art74/2/a) Simple shapes and geometric figures, numerals
leCers or scripts of uncommon languages, except where
such signs have been widely used and recognized as a mark
•  Foreign Script and Translitera<ons
•  Colors
•  Names, surnames
–  Company names and trade names are registrable, except
where they are decep5ve or not dis5nc5ve.
•  Others
•  Lebers, Numerals and Basic Geometrical Shapes
•  Foreign Script and Translitera<ons
•  Colors
•  Names, surnames
–  Company names and trade names are registrable,
except where they are decep5ve or not dis5nc5ve.
•  Others
(VNIPL 2005/art74 cont)
Signs other than integrated marks which
•  are iden5cal with or confusingly similar to registered marks of iden5cal or similar
goods or services on the basis of registra5on applica5ons with earlier filing dates or
priority dates, as applicable, including mark registra5on applica5ons filed under
trea5es to which the Socialist Republic of Vietnam is a contrac5ng party;
•  iden5cal with or confusingly similar to another person’s mark which has been widely
used and recognized for similar or iden5cal goods or services before the filing date or
the priority date, as applicable;
•  iden5cal with or confusingly similar to another person’s mark which has been
registered for iden5cal or similar goods or services, the registra5on cer5ficate of
which has been invalidated for no more than 5 years, except where the ground for
such invalida5on is non-use of the mark according to Point d, Clause 1, Ar5cle 95 of
this Law;
•  iden5cal with or confusingly similar to another person’s mark recognized as a well-
known mark which has been registered for goods or services which are iden5cal with
or similar to those bearing such well-known mark, or for dissimilar goods or services
if the use of such mark may affect the dis5nc5veness of the well-known mark or the
mark registra5on is aimed at taking advantage of the reputa5on of the well-known
mark;
Signs other than integrated marks which
•  iden5cal with or similar to another person’s trade name currently in use if the
use of such signs may cause confusion to consumers as to the origin of goods or
services;
•  iden5cal with or similar to a geographical indica5on being protected if the use of
such signs may mislead consumers as to the geographical origin of goods;
•  iden5cal with, containing or being translated or transcribed from geographical
indica5ons being protected for wines or spirits if such signs have been registered
for use with respect to wines and spirits not origina5ng from the geographical
areas bearing such geographical indica5ons;
•  iden5cal with or insignificantly different from another person’s industrial design
which has been protected on the basis of an industrial design registra5on
applica5on with the filing date or priority date earlier than that of the mark
registra5on applica5on.
Signs not protected as marks

•  Ar<cle 73.
1.  Signs iden5cal with or confusingly similar to
the na5onal flags, na5onal emblems;


•  Ar<cle 73.
2. Signs iden5cal with or confusingly similar to
emblems, flags, armorial bearings, abbrevia5ons,
full names of State agencies, poli5cal organiza5ons,
socio-poli5cal organiza5ons, socio-poli5cal
professional organiza5ons, social organiza5ons or
socio-professional organiza5ons of Vietnam or
interna5onal organiza5ons, unless permiCed by
such agencies or organiza5ons;

•  Ar<cle 73.
real names, alias, pen names or images of
leaders, na5onal heroes or famous persons of
Vietnam or foreign countries;

•  Ar<cle 73.
cer5fica5on seals, control seals, warranty seals
of interna5onal organiza5ons which require that
their signs must not be used, except where such
seals are registered as cer5fica5on marks by
those organiza5ons;


•  Ar<cle 73.
5. Signs liable to mislead, confuse or deceive
consumers as to the origin, func5onal
parameters, intended purposes, quality, value or
other characteris5cs of the goods or services.
Types of Trademarks
CollecKve CerKficaKon
mark mark
Integrated Well-known
mark mark
Types of Trademarks
•  CollecKve mark means a mark used to
dis5nguish goods or services of members from
those of non-members of an organiza5on
which is the owner of such mark.
Types of Trademarks
•  CerKficaKon mark means a mark which is
authorized by its owner to be used by another
organiza5on or individual on the laCer's goods
or services, for the purpose of cer5fying the
origin, raw materials, materials, mode of
manufacture of goods or manner of provision
of services, quality, accuracy, safety or other
characteris5cs of goods or services bearing
the mark.
Types of Trademarks
•  Integrated mark means iden5cal or similar
marks registered by the same en5ty and
intended for use on products or services
which are of the same type or similar types or
interrelated.
Types of Trademarks
•  Well-known mark means a mark widely known
by consumers throughout the Vietnamese
territory.
Types of Trademarks
Criteria for recogni<on of a well-known mark
1. The number of the related consumers who are aware of the mark
through purchase or use of the goods or services bearing the mark or
through adver5sing;
2. Territorial scope of circula5on of the goods/services bearing the
mark;
3. Turn-over of the sale or supply of the goods or services bearing the
mark or the volume of the goods sold or the services supplied;
4. The period of con5nuous use of the mark;
5. Widespread goodwill of the goods/services bearing the mark;
6. Number of the countries gran5ng protec5on to the mark;
7. Number of the countries recognizing the mark as well known;
8. Value of assignment, licensing price, or the value of investment
capital contribu5on in respect of the mark.

Registra5on of trademarks
Ar<cle 87. Right to register marks
• 
1. Organiza5ons and individuals may register marks to be used for
goods they produce or services they provide.
•  2. Organiza5ons and individuals that conduct lawful commercial
ac5vi5es may register marks for products they are marke<ng but
produced by others, provided that the producers neither use such
marks for their products nor object to such registra5on.
•  3. Lawfully established collec<ve organiza<ons may register
collec<ve marks to be used by their members under regula5ons on
use of collec5ve marks. For signs indica5ng geographical origins of
goods or services, organiza5ons that may register them are
collec5ve organiza5ons of organiza5ons or individuals engaged in
produc5on or trading in relevant locali5es. For other geographical
names or signs indica5ng geographical origins of local special5es of
Vietnam, the registra5on must be permiCed by competent state
agencies.
•  4. Organiza5ons with the func5on of controlling and
cer5fying the quality, proper5es, origin or other relevant
criteria of goods or services may register cer5fica5on
marks, provided that they are not engaged in the
produc<on or trading of these goods or services. For other
geographical names or signs indica5ng geographical origins
of local special5es of Vietnam, the registra5on thereof
must be permiCed by a competent state agency.
•  5. Two or more organiza<ons or individuals may jointly
register a mark in order to become its co-owners on the
following condi<ons:
•  a/ This mark is used in the names of all co-owners or used
for goods or services which are produced or traded with
the par5cipa5on of all co-owners;
•  b/ The use of this mark causes no confusion to consumers
as to the origin of goods or services.
•  6. Persons having the registra5on right defined in
Clauses 1, 2, 3, 4 and 5 of this Ar5cle, including those
having filed registra5on applica5ons, may assign the
registra5on right to other organiza5ons or individuals
in the form of wriCen contracts, bequeathal or
inheritance under law, provided that the assigned
organiza5ons or individuals sa5sfy the relevant
condi5ons on the persons having the registra5on right.
•  7. For a mark protected in a country being a
contrac5ng party to a treaty which prohibits the
representa5ve or agent of a mark owner to register
such mark and to which the Socialist Republic of
Vietnam is also a contrac5ng party, this representa5ve
or agent is not permiCed to register the mark unless it
is so agreed by the mark owner, unless a jus5fiable
reason is available.”
Process of trademark registra5on
Refusal to
Substan<ve grant
Formal examina<on protec5on
Filing 5tles
examina<on of industrial
registra5on of property
applica5ons applica<ons registra<on Grant of
applica<ons Entry into
protec5on
the register
5tles
1. Filing registra5on applica5ons (Art 189)
–  Organiza5ons, individuals of Vietnam, foreign
individuals, organiza5ons shall file applica5ons
directly to Na5onal Office of Intellectual Property of
Vietnam or though a lawful representa5ve in
Vietnam.
–  ApplicaKons for registraKon of industrial property
rights shall be submiYed in the form of paper
documents or electronically under the online filing
system to the state administraKon authority of
industrial property rights.
•  “Ar<cle 90. The first-to-file principle
•  2. In case there are many applica<ons filed by
different persons for registra5on of iden5cal or
confusingly similar marks for iden5cal or similar
products or services, or in case there are many
applica5ons filed by the same person for registra5on
of iden5cal marks for iden5cal products or services,
the protec5on 5tle may only be granted for the mark
in the valid applica<on with the earliest priority or
filing date among applica5ons sa5sfying all the
condi5ons for the grant of a protec5on 5tle.
•  “Ar<cle 90. The first-to-file principle
•  In case there are many registra5on applica5ons
sa5sfying all the condi5ons for the grant of a
protec5on 5tle and having the same earliest
priority or filing date, the protec5on 5tle may
only be granted for the object of a single
applica5on out of these applica5ons under an
agreement of all applicants. Without such
agreement, all relevant objects of these
applica<ons will be refused for the grant of a
protec<on <tle.
2. Formal examina<on of applica<ons
•  An industrial property registra5on applica5on shall have its form
examined within one month from the filing date. (art119)
•  An industrial property registra5on applica5on shall not be
regarded as being formally valid in the following circumstances:
a) The applica5on does not fulfill the requirements of formality;
b) The subject maCer of the applica5on is not eligible for protec5on;
c) The applicant does not have the right to registra5on, including
where the right belongs to more than one persons but one or several
of them do not agree to execute the filing;
d) The applica5on was filed in contrary to the mode of filing as
provided for in Ar5cle 89 of this Law;
đ) The applicant fails to pay the fees and charges.
2. Formal examina<on of applica<ons
•  An industrial property registra5on applica5on
which has been accepted as being valid shall
be published in the Industrial Property Official
GazeCe
•  a mark registra5on applica5on shall be
published within 2 months as from the date
such applica5on is accepted as being valid.
3.Substan<ve examina<on of industrial property
registra<on applica<ons art114
No longer than 9 months since applica5on is
published

3.Substan<ve examina<on of industrial property registra<on
applica<ons
Un5l the State administra5ve authority of industrial property right
makes a no5ce of refusal of or a decision on the grant of a Protec5on
Title, the applicant shall have the following rights:
•  To make amendment or supplement to the applica5on;
•  To divide the applica5on;
•  To request for recording changes in name or address of the
applicant;
•  To request for recording changes in the applicant as a result of
assignment under the contract, as a result of inheritance, bequest,
or under a decision of an authority;
•  Withdraw applica<on
•  Art115,116

Ar<cle 93. Validity of the Protec<on
Titles

•  Mark registra5on Cer5ficates shall have the
validity beginning on the gran5ng date and
expiring at the end of 10 years counted from
the filing date and renewable indefinitely for
consecu5ve terms of 10 years.

OBLIGATION TO USE TRADEMARKS
•  Trademark owners are obliged to use the trademark
conKnuously. The use of a trademark by a licensee
under a trademark licensing contract is also considered
as a trademark owner's use. In case the trademark has
not been used conKnuously for five years or more, the
registraKon cerKficate of such trademark shall be
terminated according to the provisions of ArKcle 95 of
this Law ". art136 VN IPL
–  except the use is commenced or resumed at least 3
months before the request for termina5on;
–  Art95 VN IPL
OBLIGATION TO USE TRADEMARKS
•  Use of a mark means the performance of the following
acts:
•  a/ Affixing the protected mark on goods, goods
packages, means of business, means of service
provision, transac5on documents in business ac5vi5es;
•  b/ Circula5ng, offering, adver5sing for sale or stocking
for sale goods bearing the protected mark;
•  c/ Impor5ng goods or services bearing the protected
mark.
•  (VNIPL 2005, Art124/5)
Ar5cle 129.- Acts of infringing upon
the rights to marks
a/ Using signs iden5cal with protected marks for
goods or services iden5cal with goods or services
on the lists registered together with such marks;
b/ Using signs iden5cal with protected marks for
goods or services similar or related to those goods
on services on the lists registered together with
such marks, if such use is likely to cause confusion
as to the origin of the goods or services;
Ar5cle 129.- Acts of infringing upon
the rights to marks
c/ Using signs similar to protected marks for goods or services iden5cal with,
similar to or related to goods or services on the lists registered together with
such marks, if such use is likely to cause confusion as to the origin of the
goods or services;
d/ Using signs iden5cal with, or similar to, well-known marks, or signs in the
form of transla5ons or transcrip5ons of well-known marks for any goods or
services, including those iden5cal with, dissimilar or unrelated to goods or
services on the lists of those bearing well-known marks, if such use is likely to
cause confusion as to the origin of the goods or services or misleading
impression as to the rela5onship between users of such signs and well-known
mark owners.

GEOGRAPHICAL INDICATIONS

Defini5on
•  Paris conven5on
–  Scope of protec5on includes indica5ons of source or
Appella5on of Origin (art1)
–  Seizure on Importa5on, etc., of Goods bearing false
indica5ons as to their source or the Iden5ty of the
producer (art1)
•  Libsbon Agreement on the protec5on of
appella5ons of origin and interna5onal registra5on
of appella5ons of Origin 1958 – WIPO
•  TRIPS: obliga5on to protect GI, protec5on criteria +
higher level of protec5on for wines and spirits (art
22-24)
Defini5on
•  Geographical indicaKon means a sign which
iden5fies a product as origina5ng from a
specific region, locality, territory or country.
VN IPL
Defini5on
•  Geographical indica5ons are indica<ons which
iden5fy a good as origina5ng in the territory
of a Member, or a region or locality in that
territory, where a given quality, reputa5on or
other characteris5c of the good is essen5ally
aCributable to its geographical origin.
–  Trips
GI vs TM
•  A trademark is a sign that an individual trader
or company uses to dis5nguish its own goods
or services from the goods or services of
compe5tors
•  A geographical indica5on is used to sow that
certain products have a certain regional origin
•  -> A geographical indica5on must be available
for use by all the producers in that region
General requirements for geographical
indica<ons eligible for protec<on
Ar<cle 79
VN IPL
1. The product having the geographical indica5on
originates from the area, locality, territory or
country corresponding to such geographical
indica5on.
2. The product having the geographical indica5on
has reputa<on, quality or characteris<cs
essen5ally aCributable to the geographical
condi<ons of the area, locality, territory or
country corresponding to such geographical
indica5on.

Ar<cle 81. Reputa<on, quality and characteris<cs of
products having geographical indica<ons
1. Reputa<on of the product having a geographical indica5on
shall be determined on the basis of trust consumers have in
the product through the extent of wideness to which it is
known and selected by consumers.
2. Quality and characteris<cs of the product having a
geographical indica5on shall be defined by one or several
qualita5ve, quan5ta5ve or physical, chemical, microbiological
percep5ble norms which shall be testable by technical means
or experts with appropriate tes5ng methods.

Ar<cle 82. Geographical condi<ons relevant to
geographical indica<ons
1. Geographical condi5ons relevant to a geographical
indica5on shall include natural and human factors
aCributable to the reputa5on, quality and characteris5cs
of the product having the geographical indica5on.
2. Natural factors consist of those of climate, hydrograph,
geology, terrain, ecological system and other natural
condi5ons.
3. Human factors consist of skills and exper5se of
producers, and such tradi5onal produc5on process of the
locality.

Subject mabers not protected as
geographical indica<ons
Ar<cle 80.

1.  Names and indicaKons that have become common name of goods
as per the percepKon of relevant consumers in Vietnam
2. Geographical indica5ons of a foreign country where it is not or no
longer protected or no longer used;
3. Geographical indicaKons that are idenKcal with or similar to a
trademark being protected or have been filed under a trademark
applicaKon with an earlier filing date or priority date, if the use of such
geographical indicaKon is made may cause confusion about the
commercial origin of goods
4. Geographical indica5ons misleading consumers as to the true
geographical origin of products bearing such geographical indica5ons.

Right to registra<on of geographical
indica<ons

•  Ar<cle 88.
–  The right to register geographical indica5ons of
Vietnam belongs to the State.
–  The State allows organiza5ons and individuals
producing the product bearing the geographical
indica5on, collec5ve organiza5ons represen5ng such
organiza5ons and individuals or the administra5ve
authori5es of the locality to which the geographical
indica5on pertains to exercise the right to register such
geographical indica5on. The person who exercises the
right to register a geographical indica5on shall not
become the owner of such geographical indica5on.
Validity of the Protec<on Titles
Ar<cle 93. VN IPL
•  Geographical indica5on registra5on

Cer5ficates shall have indefinite validity
beginning on the grant date.
–  The validity of a GI cer5ficate shall be terminated
when:
•  The geographical condi5ons aCributable to the
reputa5on, quality or characteris5cs of the product
bearing a geographical indica5on have changed
resul5ng in a loss of the reputa5on, quality or
characteris5cs of the product.

Protec<on of Geographical Indica<ons on the
Interna<onal Level through Mul<lateral Trea<es
mul5lateral trea5es administered by WIPO contain

provisions for the protec5on of geographical indica5ons:
•  The Paris Conven5on (for the Protec5on of Industrial
Property)
•  the Madrid Agreement (for the Repression of False or
Decep5ve Indica5ons of Source on Goods)
•  the Lisbon Agreement (for the Protec5on of
Appella5ons of Origin and their Interna5onal
Registra5on)
•  TRIPS
Protec<on of Geographical Indica<ons
on the Interna<onal Level through
Mul<lateral Trea<es
•  The Paris Convention for the Protection of
Industrial Property does not contain the
notion of geographical indication.
–  indica5ons of source and appella5ons of origin

Protec<on of Geographical Indica<ons on the Interna<onal Level
through Mul<lateral Trea<es
•  “indica<on of source” •  “appella<on of origin”

Means any expression or sign Means the geographical name of
used to indicate that a product or a country, region or specific place
service originates in a country, a which serves to designate a
region or a specific place product origina5ng therein the
characteris<c quali<es of which
are due exclusively or essen<ally
to the geographical
environment, including natural
or human factors or both natural
and human factors.
Indica5ons
of source
Geographic
al
indica5ons
Appella5ons
of origin
•  The Madrid Agreement for the Repression of

False or Decep5ve Indica5ons of Source on
Goods
–  is a special agreement within the framework of
the Paris Union.
–  The Agreement aims at the repression not only of
false, but also of decep5ve, indica5ons of source.
–  Any product bearing a false or decep5ve … must
be seized on importa5on into any of the States
party to the Madrid Agreement.
•  The Lisbon Agreement for the Protection

of Appellations of Origin and their
International Registration
–  appella5on of origin means “the geographical
name of a country, region or locality which serves
to designate a product origina<ng therein, the
quality and characteris<cs of which are due
exclusively or essen5ally to the geographical
environment, including natural and human
factors.”
•  The Lisbon Agreement

–  appella5on of origin
•  must be the geographical name of a country, region or
locality
•  must serve to designate a product origina5ng in the
country, region or locality referred to
•  must be a qualita5ve link between the product and the
geographical area: the “quality and characteris5cs”
must be due exclusively or essen5ally to the
geographical environment;

TRADE NAME

Interna5onal conven5on
Paris conven5on for the protec5on of Industrial

property, 1883
a trade name shall be protected in all the
countries of the Union without the obliga5ng of
filing or registra5on whether or not it forms part
of a trademark (Art 8)
Seizure, on Importa5on, etc, of Goods
Unlawfully bearing a Mark or Trade Name (Art.
9)
Na5onal regula5ons of VietNam
IP Law and implementa5on regula5ons

Decree No 88/2006/NĐ-CP dated 29/8/2006 on
business registra5on
Trade name
•  Trade name means a designa<on of an

organiza5on or individual in business
ac5vi5es, capable of dis<nguishing the
business en<ty bearing it from another en5ty
in the same business domain and area.
•  Art 4/21 VNIP 2005

condi5ons for trade names eligible for protec5on

A trade name shall be protected when it is

capable of dis<nguishing the business en<ty
bearing it from other business en55es opera5ng
in the same business field and locality.
Dis5nc5veness of trade names (VNIPL 2005/art78)

1. Consis5ng of a proper name, except where it
has been widely known through use;
2. Being not iden5cal with or confusingly similar
to a trade name having been used earlier by
another person in the same business field and
locality;
3.Being not iden5cal with or confusingly similar
to another person’s mark or a geographical
indica<on having been protected before the
date it is used.
Subject maCers not protected as trade names

Exclusions: (art 77)

Names of state agencies,
poli5cal organiza5ons, socio-poli5cal
organiza5ons, socio-poli5cal professional
organiza5ons, social organiza5ons, socio-
professional organiza5ons
or other en55es that are not involved in
business ac5vi5es shall not be protected as
trade names.
Rights conferred
•  The exclusive right to use, to transfer the names

–  Rights to trade names shall only be assigned together with the
transfer of the entire business establishments and business
activities under such trade names.(Art139/3)
•  The right to prevent others from using an identical or
similar trade identifiers for identical or similar goods or
services
•  Note: the scope of protection is in the same business
domain and area
•  A business area men5oned in this Clause means a geographical area
where a business en5ty has its partners, customers or earns its
reputa5on.

Ar5cle 129.-Acts of infringing upon the rights to trade
names
•  All acts of using commercial indica5ons

iden5cal with, or similar to, others’ trade
names having been used earlier for the same
or similar type of goods or services, that cause
confusion as to business en55es,
establishments or ac5vi5es under such trade
names shall be regarded as infringements of
the rights to trade names.
Term of protec5on for trade name
•  Industrial property rights to a trade name shall

be established on the basis of lawful use
thereof

PATENT/INVENTION

Interna5onal agreements
•  Paris convention
•  TRIPS
•  Patent cooperation treaty (PCT)
•  Patent law treaty
•  Strasbourg agreement: international patent
classification (IPC)
Defini5on
•  Invention means a technical solution in the

form of a product or a process which is
intended to solve a problem by application of
laws of nature.
–  VN IPL Art 4(12)
Defini5on
•  “Inven5on” means a solu5on to a specific

problem in the field of technology. An
inven5on may relate to a product or a
process.
•  The protec5on conferred by the patent is
limited in 5me
–  WIPO
An inven5on shall be protected by mode of grant of
inven<on patent
Or an inven5on shall be protected by mode of grant of
u<lity solu<on patent
u<lity solu<on
patent/u<lity
inven<on patent
model/short-term
patent
Patent
•  A patent is a document, issued, upon

applica5on, by a government office (or a
regional office ac5ng for several countries),
which describes an inven<on and creates a
legal situa<on in which the patented
inven5on can normally only be exploited
(manufactured, used, sold, imported) with the
authoriza5on of the owner of the patent.
Condi5ons for inven5ons eligible for protec5on

•  Members are obliged to make patents

available for inven5ons in all field of
technology (Trips, Art27.1)

by mode of grant of inven5on patent
TRIPS art 27.1; VN IPL 2005 Art 58.1; 60, 61, 62
Involving an
Being novel
inven5ve step
Being suscep5ble
of industrial
applica5on.

Being novel
Ar5cle 60.- Novelty of inven5ons

An inven5on shall be considered novel if it has

not yet been publicly disclosed through use or
by means of a wriCen descrip5on or any other
form, inside or outside the country, before the
filing date or the priority date, as applicable, of
the inven5on registra5on applica5on.
•  The disclosure of an inven5on:
- by a descrip5on of the inven5on in a published
wri<ng or publica<on in other form;
- by a descrip5on of the inven5on in spoken words
uCered in public, such a disclosure being called an
oral disclosure;
- by the use of the inven5on in public, or by puŽng
the public in a posi5on that enables any member
of the public to use it, such a disclosure being a
“disclosure by use.”


An inven5on shall be considered having not yet

been publicly disclosed if it is known to only a
limited number of persons who are obliged to
keep it secret.

•  3.An invenKon shall not be considered as lacking of
novelty if it is directly or indirectly disclosed by the
person enKtled to registraKon specified in ArKcle 86 of
this Law or by the person who has informaKon about
the invenKon under the condiKon that the patent
applicaKon is submiYed in Vietnam within 12 months
from the date of disclosure.
•  4. The provisions of Clause 3 of this ArKcle shall also be
applied to any invenKon disclosed in the industrial
property applicaKon or industrial property protecKon
Ktle published by the state administraKon authority of
industrial property rights in case the publicaKon is
inconsistent with provisions of laws or the applicaKon
is submiYed by a person ineligible for registraKon”.

Involving an
Being novel
inven5ve step
Being suscep5ble
of industrial
applica5on.

Involving an
inven5ve step
Ar5cle 61.- Inven5ve step of inven5ons

- based on technical solu5ons already publicly

disclosed
- it cons5tutes an inven5ve progress and cannot
be easily created by a person with average
knowledge in the art.

Involving an
Being novel
inven5ve step
Being suscep5ble
of industrial
applica5on.
Ar<cle 62.- Suscep<bility of industrial applica<on of
inven<ons

•  if it is possible to realize mass manufacture or

produc5on of products or repeated
applica5on of the process that is the subject
mater of the inven5on, and to achieve stable
results.
Ar<cle 62.- Suscep<bility of industrial applica<on of
inven<ons

•  if it is possible to realize mass manufacture or

produc5on of products or repeated
applica5on of the process that is the subject
mater of the inven5on, and to achieve stable
results.
by mode of grant of u5lity solu5on patent

U5lity solu5on is a new technical solu5on in comparison
with exis5ng technology and achievable in current
economic technological condi5ons
Being suscep5ble
Being novel of industrial
applica5on.
by mode of grant of u5lity solu5on patent
Being suscep5ble
Being novel of industrial
applica5on.

Involving an
Being novel
inven5ve step
Being suscep5ble
of industrial
applica5on.
Subject maCers not protected as inven5ons

1. Scien5fic discoveries or theories, mathema5cal methods;

2. Schemes, plans, rules and methods for performing mental acts,
training domes5c animals, playing
games, doing business; computer programs;
3. Presenta5ons of informa5on;
4. Solu5ons of aesthe5cal characteris5cs only;
5. Plant varie5es, animal breeds;
6. Processes of plant or animal produc5on which are principally of
biological nature other than
microbiological ones;
7. Human and animal disease preven5on, diagnos5c and treatment
methods.
Art 59. VNIPL 2005
Khung xác định khả năng được cấp bằng độc quyền của
sáng chế
Sáng chế có thuộc Sáng chế có khả

Sáng chế có mới
lĩnh vực loại trừ năng áp dụng CN
không?
không? không?
Sáng chế có trái với

Sáng chế có dễ đạt Có đơn nào về sáng
trật tự xã hội và
được không? chế đã nộp không?
đạo đức không
Các đặc điểm của Sáng chế có khả

sáng chế có được năng được bảo hộ -
mô tả đầy đủ patentable
không? inven5on
Validity of protec5on 5tles
•  Inven5on patents shall each have a validity

star5ng from the grant date and expiring at
the end of 20 years aqer the filing date.
•  U5lity solu5on patents shall have a validity
Ar5cle 133.- Rights to use inven5ons on behalf of the State

•  use inven5ons in domains under their

respec5ve management for public and non-
commercial purposes, na5onal defense,
security, disease preven5on and treatment
and nutri5on for the people, and to meet
other urgent social needs
RIGHTS CONFERRED
•  Art. 28 TRIPS
–  Product patents: making, using, offering for sale,
selling, or impor5ng the substance
–  Process patents:
•  Using the process (method-of-making)
•  Using, offering for sale, selling, or impor5ng product
directly obtained by process (method-of use)
RIGHTS CONFERRED
•  Art. 123.1; 124.1 IPL 2005

•  To use or authorize others to use
–  Manufacturing the protected product;
–  b/ Applying the protected process;
–  c/ Exploi5ng u5li5es of the protected product or the
product manufactured under the protected process;
–  d/ Circula5ng, adver5sing, offering, stocking for
circula5on the product men5oned at Point c of this
Clause;
–  e/ Impor5ng the product men5oned at Point c of this
Clause.
Owner of patent
•  Art 121.1 IPL 2005: Owners of inven5ons,

industrial designs or layout-designs mean
organiza5ons or individuals that are granted
by the competent agency protec5on 5tles for
respec5ve industrial property objects.
Owner of patent
•  Art 122 IPL 2005

Authors of inven5ons:
1. persons who have personally created such industrial
property objects. Where two or more persons have jointly
created industrial property objects, they shall be co-authors.
2. Moral rights of authors:
a/ To be named as authors in inven5on patents, u5lity solu5on
patents
b/ To be acknowledged as authors in documents in which
inven5ons are published or introduced.
3. Economic rights of authors of inven5ons are the rights to receive
remunera5ons as provided for in Ar5cle 135 of this Law.

Ar5cle 135.-Obliga5on to pay remunera5ons to authors of
inven5ons, industrial designs or layout-designs
1. Owners of inven5ons, industrial designs or layout-designs are obliged to

pay remunera5ons to their authors unless otherwise agreed upon by the
par5es.
2. The minimum level of remunera5on payable by an owner to an author is
provided for as follows:
•  a/ 10% of the profit amount gained by the owner from the use of an
inven5on, industrial design or layout-design;
•  b/ 15% of total amount received by the owner in each payment for
licensing of an inven5on, industrial design or layout-design.
3. Where an inven5on, industrial design or layout-design is jointly created by
more than one authors, the remunera5on level provided for in Clause 2 of
this Ar5cle shall be applicable to all co-authors. The co-authors shall agree by
themselves on the division of the remunera5on amount paid by the owner
. 4. The obliga5on to pay remunera5ons to authors of inven5ons, industrial
designs or layout-designs shall exist throughout the term of protec5on of
such inven5ons, industrial designs or layout-designs.
Limita5ons on granted patent rights/Validity of protec5on
5tles
•  Art 93 VNIPL 2005

•  1. Protec5on 5tles shall be valid throughout
the Vietnamese territory.
•  2. Inven5on patents shall each have a validity
Excep5ons to granted patent rights
•  Art 125.2 IPL 2005

•  Using inven5ons in service of their personal needs or for non-commercial
purposes, or for purpose of evalua5on, analysis, research, teaching, tes5ng, trial
produc5on or informa5on collec5on for carrying out procedures of applica5on for
licenses for produc5on, importa5on or circula5on of products;
•  (-> private and non-commercial use, experimental use; teaching excep5on,
research excep5on)
•  b/ Circula5ng, impor5ng, exploi5ng u5li5es of products having been lawfully put
on the market, including overseas markets.
•  c/ Using inven5ons only for the purpose of maintaining the opera5on of foreign
means of transport in transit or temporarily staying in the Vietnamese territory;
•  d/ Using inven5ons by persons with the prior use right according to the provisions
of Ar5cle 134 of this Law;
•  e/ Using inven5ons by persons authorized by competent state agencies according
to the provisions of Ar5cles 145 and 146 of this Law;
Ar5cle 134.Right of prior use of inven5ons and industrial
designs
•  Where a person has, before the publica5on date of an inven5on or

industrial design registra5on applica5on, used or prepared
necessary condi5ons for use of an inven5on or industrial design
iden5cal with the protected inven5on or industrial design stated in
such registra5on applica5on but created independently
(hereinaqer referred to as the prior use right holder), then aler a
protec<on <tle is granted, such person shall be en<tled to
con<nue using such inven5on or industrial design within the scope
and volume of use or use prepara<ons without having to obtain
permission of or paying compensa5ons to the owner of the
protected inven5on or industrial design. The exercise of the right of
prior users of inven5ons or industrial designs shall not be regarded
as an infringement of the right of inven5on or industrial design
owners.
designs
•  Holders of prior use right to inven5ons or

industrial designs must not assign such right to
others, except where such right is assigned
together with the transfer of business or
produc5on establishments which have used or
are prepared to use the inven5ons or industrial
designs. Prior use right holders must not expand
the use scope and volume unless it is so
permiCed by inven5on or industrial design
owners.
Obliga5ons of patent owner
•  Art 135,136,137 IPL 2005

•  Owners of inventions are obliged to pay remunerations to
their authors unless otherwise agreed upon by the parties.
•  Owners of inven5ons are obliged to manufacture protected
products or apply protected processes to sa5sfy the
requirements of na5onal defense, security, disease
preven5on and treatment and nutri5on for the people or
to meet other social urgent needs.
•  Obliga5ons to authorize the use of principal inven5ons for
the purpose of using dependent inven5ons
–  A dependent inven5on means an inven5on created based on
another inven5on (hereinaqer referred to as principal
inven5on) and may only be used on the condi5on that the
principal inven5on is also used.
Patent registra5on
•  First to file
•  Priority right (….. Months)
•  Art 108-109 IPL 2005: procedures for
processing industrial property/registra5on
applica5ons and gran5ng protec5on 5tles
•  Art 120 IPL 2005: interna5onal applica5ons
and processing thereof

INDUSTRIAL DESIGNS

Industrial design law system
•  Paris conven5on
•  TRIPS
•  Hague agreement: interna5onal registra5on
of IDs
•  Locarno Agreement: Interna5onal
Classifica5on of IDs
defini5on
•  Industrial design means a specific appearance

of a product embodied by three-dimensional
configura5ons, lines, colors, or a combina5on
of these elements.
Condi5ons for industrial designs eligible for protec5on

Being new/novel Being crea5ve
Being suscep5ble
of industrial
applica5on
Subject maCers not protected as industrial designs

1.  Appearance of a product, which is dictated

by the technical features of the product


1. Appearance of a product, which is dictated by

the technical features of the product;
2. Appearance of a civil or an industrial
construc5on work;

1. Appearance of a product, which is dictated by

the technical features of the product;
2. Appearance of a civil or an industrial
construc5on work;
3. Shape of a product, which is invisible during
the use of the product.
Novelty of industrial designs

An industrial design shall be considered new if it

significantly differs from other industrial designs
that are already publicly disclosed through use
or by means of wriCen descrip5ons or in any
other form, inside or outside the country, prior
to the filing date or the priority date, as
applicable, of the industrial design registra5on
applica5on
Novelty of industrial designs
•  An industrial design shall be considered having not yet been

publicly disclosed if it is known to only a limited number of
persons who are obliged to keep it secret.
•  An industrial design shall not be considered having lost its novelty
if it is published in the following cases, provided that the
industrial design registra5on applica5on is filed within 6 months
from the date of publica5on:
a/ It is published by another person without permission of the
person having the right to register it
b/ It is published in the form of a scien5fic presenta5on by the
person having the right to register it
c/ It is displayed at a na5onal exhibi5on of Vietnam or at an official
or officially recognized interna5onal exhibi5on by the person having
the right to register it
Ar5cle 66.- Crea5vity of industrial designs

An industrial design shall be considered crea5ve if:

•  based on industrial designs already publicly
disclosed through use or by means of wriCen
descrip5ons or in any other form, inside or
outside the country, before the filing date or the
priority date, as applicable, of the industrial
design registra5on applica5on, it cannot be
easily created by a person with average
knowledge in the art.
Ar5cle 67.- Suscep5bility of industrial applica5on of
industrial designs

•  An industrial design shall be considered

suscep5ble of industrial applica5on if it can be
used as a model for mass manufacture of
products with appearance embodying such
industrial design by industrial or handicraq
methods.
Ar5cle 93.- Validity of protec5on 5tles
•  Industrial design patents shall have a validity

the end of 5 years aqer the filing date and
may be renewed for two consecu5ve terms,
each of 5 years.
Rights conferred
•  Art 123, 124.2 IPL 2005

•  To use or authorize others to use :
•  a/ Manufacturing products with appearance
embodying the protected industrial design;
•  b/ Circula5ng, adver5sing, offering and
stocking for circula5on products men5oned at
Point a of this Clause;
•  c/ Impor5ng products men5oned at Point a of
this Clause.
Inven5on patent RIGHTS CONFERRED
•  Art. 123.1; 124.1 IPL 2005

•  To use or authorize others to use
–  a/Manufacturing the protected product;
–  b/ Applying the protected process;
–  c/ Exploi5ng u5li5es of the protected product or the
product manufactured under the protected process;
–  d/ Circula5ng, adver5sing, offering, stocking for
circula5on the product men5oned at Point c of this
Clause;
–  e/ Impor5ng the product men5oned at Point c of this
Clause.
Excep5ons to granted industrial designs rights
•  Art 125.2 IPL 2005

•  Using IDs in service of their personal needs or for non-commercial
purposes, or for purpose of evalua5on, analysis, research, teaching,
tes5ng, trial produc5on or informa5on collec5on for carrying out
procedures of applica5on for licenses for produc5on, importa5on
or circula5on of products;
•  (-> private and non-commercial use, experimental use; teaching
excep5on, research excep5on)
•  b/ Circula5ng, impor5ng, exploi<ng u<li<es of products having
been lawfully put on the market, including overseas markets.
•  c/ Using IDs only for the purpose of maintaining the opera5on of
foreign means of transport in transit or temporarily staying in the
Vietnamese territory;
•  d/ Using IDs by persons with the prior use right according to the
provisions of Ar5cle 134 of this Law;
designs
•  Where a person has, before the publica5on date of an inven5on or

industrial design registra5on applica5on, used or prepared
necessary condi5ons for use of an inven5on or industrial design
iden5cal with the protected inven5on or industrial design stated in
such registra5on applica5on but created independently
(hereinaqer referred to as the prior use right holder), then aler a
protec<on <tle is granted, such person shall be en<tled to
con<nue using such inven5on or industrial design within the scope
and volume of use or use prepara<ons without having to obtain
permission of or paying compensa5ons to the owner of the
protected inven5on or industrial design. The exercise of the right of
prior users of inven5ons or industrial designs shall not be regarded
as an infringement of the right of inven5on or industrial design
owners.
designs
•  Holders of prior use right to inven5ons or

industrial designs must not assign such right to
others, except where such right is assigned
together with the transfer of business or
produc5on establishments which have used or
are prepared to use the inven5ons or industrial
designs. Prior use right holders must not expand
the use scope and volume unless it is so
permiCed by inven5on or industrial design
owners.

TRADE SECRET

Defini5on
•  Trade secret means informa5on obtained

from financial or intellectual investment
ac5vi5es, which has not yet been disclosed
and can be used in business.
condi5ons for business secrets eligible for protec5on

1. Being neither common knowledge nor easily
obtained;
2. Being capable, when being used in business
ac5vi5es, of rendering advantages to its holder
over those who do not hold or use it;
3. Being kept secret by its owner with necessary
measures so that it shall neither be disclosed
nor easily accessible.
Subject maCers not protected as business secrets
(exclusions)

1. Personal iden5fica5on secrets;

2. State management secrets;
3. Na5onal defense and security secrets;
4. Other confiden5al informa5on irrelevant to
business.
Bases for the establishment of Trade Secret rights
•  Lawful acquirement, and

•  Confiden5ality there of
Use of business secret
•  Art 124.4 IPL 2005

a/Applying the business secret to manufacture
of products, provision of services or trade in
goods;
b/ Selling, adver5sing for sale, stocking for sale
or impor5ng products manufactured with the
applica5on of the business secret;
Excep5ons to TS rights
•  a/ Disclosing or using business secrets acquired without knowing or

having the obliga5on to know that they have been unlawfully
acquired by others;
•  b/ Disclosing secret data in order to protect the public according to
the provisions of Clause 1, Ar5cle 128 of this Law;
•  c/ Using secret data specified in Ar5cle 128 of this Law not for
commercial purposes;
•  d/ Disclosing or using business secrets obtained independently;
•  e/ Disclosing or using business secrets obtained by analyzing or
evalua5ng lawfully distributed products, unless otherwise agreed
upon by analyzers or evaluators and owners of such business
secrets or sellers of such products.
•  Art 125/3 IPL 2005
Acts of infringing upon the TS rights
•  Art 127.1 IPL 2005

•  a/ Accessing or acquiring informa5on pertaining to business secrets by taking acts
against secret-keeping measures applied by lawful controllers of such business
secrets;
•  b/ Disclosing or using informa5on pertaining to business secrets without
permission of owners of such business secrets;
•  c/ Breaching secret-keeping contracts or deceiving, inducing, buying off, forcing,
seducing or abusing the trust of persons in charge of secret-keeping in order to
access, acquire or disclose business secrets;
•  d/ Accessing or acquiring informa5on pertaining to business secrets of applicants
for licenses for trading in or circula5ng products by taking acts against secret-
keeping measures applied by competent agencies;
•  e/ Using or disclosing business secrets, while knowing or having obliga5on to know
that they have been acquired by others engaged in one of the acts specified at
Points a, b, c and d of this Clause;
•  f/ Failing to perform the secret-keeping obliga5on specified in Ar5cle 128 of this
Law.
Term of protec5on
•  Indefinitely
•  But 5ll criteria are no longer met
Process of industrial property
registra5on
Refusal to
Substan<ve grant
Formal examina<on protec5on
Filing 5tles
examina<on of industrial
registra5on of property
applica5ons applica<ons registra<on Grant of
applica<ons Entry into
protec5on
the register
5tles
Ar<cle 119. Time limit for processing
industrial property registra5on
applica5ons

•  1. An industrial property registra5on
applica5on will have its form examined within
one month from the filing date.
Ar<cle 119. Time limit for processing
industrial property registra5on
applica5ons
•  substan<vely examined

a/ For an inven5on, eighteen months from the date of its
publica5on if a request for substan5ve examina5on is filed
before the date of applica5on publica5on, or from the date of
receipt of a request for substan5ve examina5on if such
request is filed aqer the date of applica5on publica5on;
b/ For a mark, nine months from the date of applica5on
publica5on;
c/ For an industrial design, seven months from the date of
applica5on publica5on;
d/ For a geographical indica5on, six months from the date of
applica5on publica5on.

Ar5cle 90.- The first-to-file principle

•  1. In case many applica5ons are filed for registra5on
of the same inven5on or similar inven5ons, or for
registra5on of industrial designs iden5cal with or
insignificantly different from one another, the
protec5on 5tle may only be granted to the valid
applica5on with the earliest priority or filing date
among applica5ons sa5sfying all the condi5ons for
the grant of a protec5on 5tle.
Ar5cle 90.- The first-to-file principle

•  3. In case there are many registra5on applica5ons
sa5sfying all the condi5ons for the grant of a
protec5on 5tle and having the same earliest priority
or filing date, the protec5on 5tle may only be
granted for the object of a single applica5on out of
these applica5ons under an agreement of all
applicants. Without such agreement, all relevant
objects of these applica5ons will be refused for the
grant of a protec5on 5tle.”
Ar5cle 91.- Principle of priority
1. An applicant for registra5on of an inven5on, an industrial design or a mark
may claim priority on the basis of the first applica5on for registra5on of
protec5on of the same subject maCer if the following condi5ons are fully
sa5sfied:
a/ The first applica5on has been filed in Vietnam or in a country being a
contrac5ng party to a treaty containing provisions on priority right to which
the Socialist Republic of Vietnam is also a contrac5ng party, or in a country
having agreed with Vietnam to apply such provisions;
b/ The applicant is a ci5zen of Vietnam or of a country defined at Point a of
this Clause, who resides or has a produc5on or business establishment in
Vietnam or in a country defined at Point a of this Clause;
c/ The claim for the priority right is clearly stated in the applica5on and a
copy of the first applica5on cer5fied by the receiving office is enclosed;
d/ The applica5on is filed within the 5me limit provided for in a treaty to
which Vietnam is contrac5ng party.

Ar5cle 91.- Principle of priority
Paris conven5on:
6 months for trademarks, industrial designs
12 months for inven5on/u5lity solu5ons
Patent Coopera<on Treaty (PCT)
“interna5onal” patent applica5on
PROTECTION AGAINST UNFAIR
COMPETITION

Ar5cle 130.-Acts of unfair compe55on
•  a/ Using commercial indica<ons to cause confusion as

to business en55es, business ac5vi5es or commercial
origin of goods or services;
•  b/ Using commercial indica5ons to cause confusion as
to the origin, produc5on method, u5li5es, quality,
quan5ty or other characteris5cs of goods or services; or
as to the condi5ons for provision of goods or services;
Ar5cle 130.-Acts of unfair compe55on
c/Using marks protected in a country which is a contrac5ng party to a treaty

to which the Socialist Republic of Vietnam is also a contrac5ng party and
under which representa5ves or agents of owners of such marks are
prohibited from using such marks, if users are representa5ves or agents of
the mark owners and such use is neither consented to by the mark owners
nor jus5fied;
d/ Registering or possessing the right to use or using domain names iden<cal
with, or confusingly similar to, protected trade names or marks of others, or
geographical indica<ons without having the right to use, for the purpose of
possessing domain names, benefi5ng from or prejudicing reputa5on and
popularity of respec5ve marks, trade names or geographical indica5ons.
Commercial indicators
•  mean signs and information serving as

guidelines to trading of goods or services,
including marks, trade names, business
symbols, business slogans, geographical
indications, designs of packages and/or labels
of goods.
Commercial indicators
•  Acts of using commercial indica5ons specified

in Clause 1 of this Ar5cle include acts of:
–  affixing such commercial indica5ons on goods,
goods packages, means of service provision,
business transac5on documents or adver5sing
means;
–  selling, adver5sing for sale, stocking for sale and
impor5ng goods affixed with such commercial
indica5ons.
•  Ar5cle 130
Enforcement methods
•  Cease and desist leCers

•  Arbitra5on or media5on
•  Civil ac5on
•  Administra5ve measures
Art 198.3
Organiza5ons and individuals that suffer from damage or
are likely to suffer from damage caused by acts of unfair
compe55on shall have the right to request competent
state agencies to apply the civil remedies provided for in
Ar5cle 202 of this Law and the administra5ve remedies
provided for by compe55on law.

Enforcement methods
Art 198.3, 4, 5
3. Organiza5ons and individuals that suffer from damage or are likely to suffer
from damage caused by acts of unfair compe55on shall have the right to
request competent state agencies to apply the civil remedies provided for in
Ar5cle 202 of this Law and the administra5ve remedies provided for by
compe55on law.
4. OrganizaKons, individuals who are defendants in lawsuit over intellectual
property infringements, if the Court concludes that they do not commit acts of
infringement, may request the Court to force the plainKffs to pay them
reasonable fee to hire a lawyer or other expenses in accordance with laws.
5. In case an organizaKon or individual abuses the procedures for intellectual
property protecKon and thus causes damage to another organizaKon or
individual, the organizaKon and individual suffering damage may request the
Court to force the abuser to pay damages, including reasonable costs of hiring
a lawyer. Acts of abusing intellectual property rights protecKon procedures
include acts of intenKonally exceeding the scope or objecKve of this
procedure.”

Civil remedies
•  1. Compelling the termina5on of infringing acts;

•  2. Compelling the public apology and rec5fica5on;
•  3. Compelling the performance of civil obliga5ons;
•  4. Compelling the payment of damages;
•  5. Compelling destruc5on, distribu5on or use for non-
commercial purposes of goods, raw materials,
materials and means used largely for the produc5on or
trading of intellectual property right-infringing goods,
provided that such destruc5on, distribu5on or use
does not affect the exploita5on of rights by intellectual
property right holders.

RIGHTS TO PLANT VARIETIES

DEFINITION
•  Plant variety means a plant grouping within a

single botanical taxonomy of the lowest known
rank, which is morphologically uniform and suitable
for being propagated unchanged, and can be defined
by the expression of phenotypes resulting from a
genotype or a combination of given genotypes, and
distinguished from any other plant grouping by the
expression of at least one inheritable phenotype.
DEFINITION
•  Plant variety means a plant

grouping within a single botanical •  Giống cây trồng là quần thể cây
taxonomy of the lowest known rank, trồng thuộc cùng một cấp phân
loại thực vật bậc thấp, đồng nhất
which is morphologically uniform and
về hình thái, ổn định qua các chu
suitable for being propagated
kỳ nhân giống, có thể nhận biết
unchanged, and can be defined by the được bằng sự biểu hiện qua các
expression of phenotypes resulting «nh trạng do kiểu gen hoặc sự
from a genotype or a combination of phối hợp của cá kiểu gen quy
given genotypes, and distinguished định và phân biệt được vớ bất kỳ
quần thể cây trồng nào khác bằng
from any other plant grouping by the
sự biểu hiện của ít nhất một «nh
expression of at least one inheritable
trạng có khả năng di truyền được.
phenotype.
Defini5on
•  A group of plants which belongs to one single

botanical taxon of lowest rank and can be
dis5nguished by the expression of at least one
of its characteris5c
–  UPOV
CONVENTIONS ON PLANT VARIETIES
•  TRIPS
•  UPOV (interna5onal Union for The Protec5on
of New Varie5es of Plants)

•  TRIPS
–  the requirement in TRIPs ar5cle 27.3(b) that its
signatories must provide protec5on for plant
varie5es "either by patents or by an effec<ve sui
generis system or by any combina<on thereof
•  UPOV (interna5onal Union for The Protec5on of New

Varie5es of Plants)
–  The Interna5onal Union for the Protec5on of New Varie5es of
Plants (UPOV) is an intergovernmental organiza5on with
headquarters in Geneva (Switzerland).
–  UPOV was established by the Interna5onal Conven5on for the
Protec5on of New Varie5es of Plants. The Conven5on was
adopted in Paris in 1961 and it was revised in 1972, 1978 and
1991.
–  UPOV's mission is to provide and promote an effec5ve system
of plant variety protec5on, with the aim of encouraging the
development of new varie5es of plants, for the benefit of
society.
–  72 members
–  Vietnam: 24th/12/2006
Ar5cle 158.- General condi5ons for plant varie5es eligible
for protec5on

•  On the list of State-protected plant species

promulgated by the Agriculture and Rural
Development Ministry
•  new
•  dis5nct
•  uniform
•  Stable
•  designated by proper denomina5ons.
Ar5cle 158.- General condi5ons for plant varie5es eligible
for protec5on
Ar5cle 159.- Novelty of plant varie5es
•  If reproduc5ve materials or harvested materials
of such variety has not yet been sold or
otherwise distributed for the purpose of
exploita5on
–  in the Vietnamese territory by the registra5on right
holder or his/her licensee
•  one year before the filing date of the registra5on
applica5on;
–  outside the Vietnamese territory
•  6 years before the filing date of the registra5on applica5on
for 5mber trees (cây thân gỗ) or vines (cây nho),
•  And 4 years for other plant varie5es.
eligible for protec5on

Ar5cle 159.- Novelty of plant
varie5es
•  A plant variety shall be deemed •  Reproduc5ve materials
new if reproduc5ve materials or –  ReproducKve material
harvested materials of such means a plant or a part
variety has not yet been sold or thereof capable of growing
otherwise distributed for the into a new plant for use in
purpose of exploita5on in the reproduc5on or
Vietnamese territory by the cul5va5on.
registra5on right holder defined •  Harvested material
in Ar5cle 164 of this Law or his/ –  means a plant or a part
her licensee one year before the thereof obtained from the
filing date of the registra5on cul5va5on of a
applica5on; or for exploita5on reproduc5ve material.
outside the Vietnamese territory
six years before the filing date of
the registra5on applica5on for
5mber trees or vines, and four
years for other plant varie5es
General condi5ons for plant varie5es eligible for
protec5on

•  Ar5cle 160.- Dis5nc5veness of plant varie5es
if it is clearly dis5nguishable from any
other variety whose existence is a maCer of
common knowledge at the 5me of filing the
applica5on or the priority date.
protec5on
•  common knowledge IF
a/ Their reproduc5ve materials or harvested
materials have been widely used in the market of
any country at the 5me of filing of the protec5on
registra5on applica5on;
b/ They have been protected or registered into the
list of plant species in any country;
c/ They are subject maCers of protec5on
registra5on applica5ons or registered into the list
of plant species in any country, provided that these
applica5ons have not been rejected;
d/ Their detailed descrip5ons have been published.
protec5on
Ar5cle 161.- Uniformity of plant varie5es

•  A plant variety shall be deemed uniform if,
subject to the varia5on that may be expected
from the par5cular features of its
propaga5on, it is sufficiently uniform in its
relevant characteris5cs.
protec5on
Ar5cle 162.- Stability of plant varie5es

•  A plant variety shall be deemed stable if its
relevant originally described characteris5cs
remain unchanged aqer repeated propaga5on
or, in the case of a par5cular cycle of
propaga5on, at the end of each cycle.
protec5on
Ar5cle 163.- Denomina5ons of plant varie5es

•  The denomina5on of a plant variety shall be
considered proper if it is dis5nguishable from
those of other plant varie5es of common
knowledge in the same or similar species.
protec5on
Ar5cle 163.- Denomina5ons of plant varie5es
3. Denomina5ons of plant varie5es shall be deemed improper in
the following cases:
a/ They consist of numerals only, unless such numerals are
relevant to characteris5cs or the breeding of such varie5es;
b/ They violate social ethics;
c/ They may easily cause misleading as to features or
characteris5cs of such varie5es;
d/ They may easily cause misleading as to iden5fica5ons of the
breeders;
e/ They are iden5cal or confusingly similar to marks, trade names
or geographical indica5ons protected before the date of
publica5on of protec5on registra5on applica5ons of such plant
varie5es;
f/ They affect prior rights of other organiza5ons or individuals.
Ar5cle 164.- Registra5on of rights to plant varie5es
•  1. To obtain protec5on of rights to plant

varie5es, organiza5ons and individuals must
file their applica5ons for protec5on
registra5on with the state management
agency in charge of rights to plant varie5es.
Ar5cle 164.- Registra5on of rights to plant varie5es
2. Organiza5ons and individuals having the right to register

plant varie5es for protec5on
a/ Breeders who have personally selected and bred or
discovered and developed the plant varie5es with their own
efforts and expenses;
b/ Organiza5ons and individuals that fund breeders to
select and breed or discover and develop plant varie5es in
form of job assignment or hiring, unless otherwise agreed
upon;
c/ Organiza5ons and individuals that are transferred or
inherit the right to register for protec5on of plant varie5es.
3. For plant varie5es which are selected and bred or
discovered and developed with the use of the state budget or
under projects managed by the State, the rights to such plant
varie5es shall belong to the State.
Ar5cle 166.- First-to-file principle for plant varie5es

1. Where two or more par5es independently file
protec5on registra5on applica5ons on different days for
the same plant variety, the plant variety protec5on
cer5ficate shall only be granted to the earliest valid
registrant.
2. Where there are many protec5on registra5on
applica5ons for the same plant variety filed on the same
day, the plant variety protec5on cer5ficate shall only be
granted to the registrant whose name is used for the
filing of the sole applica5on as agreed upon by all the
other registrants.
Where these registrants fail to reach agreement, the state
management agency in charge of rights to plant varie<es
shall consider to grant the plant variety protec<on
cer<ficate to the party who is determined to be the first
breeder who has selected and bred or discovered and
developed such variety.
Ar5cle 167.- Priority principle for protec5on registra5on
applica5ons

•  A registrant may claim the priority right where a

protec5on registra5on applica5on is filed within
12 months from the date of filing the protec5on
registra5on applica5on for the same plant variety
in a country which has concluded with the
Socialist Republic of Vietnam an agreement on
plant variety protec5on.
•  The first filing date shall not be included in this
5me limit.
Ar5cle 169.-Validity of plant variety protec5on cer5ficates
•  1. Plant variety protec5on cer5ficates shall be

valid throughout the Vietnamese territory.
•  2. Plant variety protec5on cer5ficates shall be
valid from the grant date to the end of a period
of 25 years for 5mber trees and vines; or 20 years
for other plant varie5es.
•  3. Plant variety protec5on cer5ficates may have
their validity terminated or be invalidated
according to the provisions of Ar5cles 170 and
171 of this Law.

CHAPTER 3: MANAGEMENT/
COMMERCIALIZATION OF IPR

Part 1: transfer of the intellectual

property rights
Transfer of the intellectual property rights
Transfer of copyright
and related rights
Transfer of copyright and related rights
Assignment of Licensing of
copyright and copyright and
related rights related rights
ASSIGNMENT OF COPYRIGHT AND RELATED
RIGHTS

•  The assignment of copyright and related rights

means the transfer by copyright holders or
related right holders of the ownership of the
rights specified in Clause 3, Ar5cle 19; Ar5cle 20;
Clause 3, Ar5cle 29; Ar5cles 30 and 31 of this Law
to other organiza5ons and individuals under
contracts or according to the relevant provisions
of law.
•  Must be established in the form of wriCen
contracts
ASSIGNMENT OF COPYRIGHT
AND RELATED RIGHTS
Ar<cle 19. Personal rights
2. To put his or her real name or pseudonym in the work;
to have his or her real name or pseudonym men5oned
when his or her work is published or used;
3. To publish his or her work or authorize another
person to do so;
4. To protect the integrity of his or her work, to object to
any altera5on, mu5la5on, distor5on or other
modifica5on in any form which prejudice against his or
her honor and pres5ge.
ASSIGNMENT OF COPYRIGHT AND RELATED
RIGHTS

•  Where a work, performance, phonogram, video

recording or broadcast is under joint ownership,
the assignment thereof must be agreed upon by
all co-owners.
•  In case of joint ownership but a work,
performance, phonogram, video recording or
broadcast is composed of separate parts which
can be detached for independent use, copyright
holders or related right holders may assign their
copyright or related rights to their separate
parts to other organiza5ons or individuals.
Ar5cle 46.- Copyright or related right assignment contracts
1. A copyright or related right assignment contract

must be established in wri5ng and include the
following principal contents:
a/ Names and addresses of the assignor and the
assignee;
b/ Assignment bases;
c/ Payment price and mode;
d/ Rights and obliga5ons of the involved par5es;
e/ Liability for contract breaches.
LICENSING OF COPYRIGHT AND RELATED RIGHTS
•  Licensing of copyright and related rights

means the permission by copyright holders or
related right holders for other organiza5ons
and individuals to use for a definite term one,
several or all the rights specified in Clause 3,
Ar5cle 19; Ar5cle 20; Clause 3, Ar5cle 29;
Ar5cles 30 and 31 of this Law.
2. Authors must not license the moral rights specified in

Ar5cle 19, except the right of publica<on; performers must
not license the moral rights specified in Clause 2, Ar5cle 19 of
this Law.
3. Where a work, performance, phonogram, video recording
or broadcast is under joint ownership, the licensing of
copyright or related rights must be agreed upon by all co-
owners. In case of joint ownership but a work, performance,
phonogram, video recording or broadcast is composed of
separate parts which can be detached for independent use,
copyright holders or related right holders may license their
copyright or related rights to their separate parts to other
organiza5ons or individuals.
•  Organiza5ons and individuals that are licensed

copyright or related rights may license other
organiza5ons and individuals when obtaining
the permission of copyright holders or related
right holders.
Copyright or related right license contracts
1. A copyright or related right license contract must

be established in wri5ng and include the
following principal contents:
a/ Full names and addresses of the licensor and the
licensee;
b/ Licensing bases;
c/ Licensing scope;
d/ Payment price and mode;
e/ Rights and obliga5ons of the involved par5es;
f/ Liability for contract breaches.
TRANSFER OF INDUSTRIAL PROPERTY RIGHTS
ASSIGNMENT OF LICENCE OF
INDUSTRIAL INDUSTRIAL
PROPERTY RIGHTS PROPERTY RIGHTS
TRANSFER OF INDUSTRIAL PROPERTY RIGHTS
ASSIGNMENT OF
INDUSTRIAL
PROPERTY RIGHTS
ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS
1.  Assignment of an industrial property right

means the transfer of ownership right by
owner of such industrial property right to
another organiza5on or individual.
2.  Must be established in the form of wriCen
contracts (hereinaqer referred to as
industrial property right assignment
contracts).
Article 139.- Restrictions on assignment of industrial
property rights

1. Industrial property right owners may only assign their
rights within the scope of protec<on.
2. Rights to geographical indica<ons shall not be assigned.
3. Rights to trade names shall only be assigned together
with the transfer of the en<re business establishments and
business ac<vi<es under such trade names.
4. The assignment of the rights to marks must not cause
confusion as to proper5es or origins of goods or services
bearing such marks.
5. Rights to marks shall only be assigned to organiza5ons or
individuals that sa5sfy condi5ons for persons having the
right to register such marks.
Ar<cle 87. Right to register marks
• 
1. Organiza5ons and individuals may register marks to be used for
goods they produce or services they provide.
•  2. Organiza5ons and individuals that conduct lawful commercial
ac5vi5es may register marks for products they are marke<ng but
produced by others, provided that the producers neither use such
marks for their products nor object to such registra5on.
•  3. Lawfully established collec<ve organiza<ons may register
collec<ve marks to be used by their members under regula5ons on
use of collec5ve marks. For signs indica5ng geographical origins of
goods or services, organiza5ons that may register them are
collec5ve organiza5ons of organiza5ons or individuals engaged in
produc5on or trading in relevant locali5es. For other geographical
names or signs indica5ng geographical origins of local special5es of
Vietnam, the registra5on must be permiCed by competent state
agencies.
•  4. Organiza5ons with the func5on of controlling and
cer5fying the quality, proper5es, origin or other relevant
criteria of goods or services may register cer5fica5on
marks, provided that they are not engaged in the
produc<on or trading of these goods or services. For other
geographical names or signs indica5ng geographical origins
of local special5es of Vietnam, the registra5on thereof
must be permiCed by a competent state agency.
•  5. Two or more organiza<ons or individuals may jointly
register a mark in order to become its co-owners on the
following condi<ons:
•  a/ This mark is used in the names of all co-owners or used
for goods or services which are produced or traded with
the par5cipa5on of all co-owners;
•  b/ The use of this mark causes no confusion to consumers
as to the origin of goods or services.
Ar5cle 140.- Contents of industrial property right
assignment contracts
An industrial property right assignment contract

must have the following principal contents:
1. Full names and addresses of the assignor and
the assignee;
2. Assignment bases;
3. Assignment price;
4. Rights and obliga5ons of the assignor and the
assignee
LICENSING OF INDUSTRIAL PROPERTY OBJECTS
1. Licensing of an industrial property object

means the permission by the owner of such
industrial property object for another
organiza5on or individual to use the industrial
property object within the scope of his/her use
right.
2. Must be established in the form of wriCen
contract (hereinaqer referred to as industrial
property object license contracts).
Ar5cle 142.- Restric5ons on licensing of industrial property
objects
1. The right to use geographical indica<ons or trade names must not

be licensed.
2. The right to use collec<ve marks must not be licensed to
organiza5ons or individuals other than members of the owners of
such collec5ve marks.
3. The licensee must not enter into a sub-license contract with a third
party, unless it is so permibed by the licensor.
4. Mark licensees shall be obliged to indicate on goods and goods
packages that such goods have been manufactured under mark license
contracts.
5. Inven5on licensees under exclusive contracts shall be obliged to use
such inven5ons in the same manner as the inven5on owners
according to the provisions of Clause 1, Ar5cle 136 of this Law.
Types of industrial property object license contracts
Non-exclusive
Exclusive contract
contract
Industrial property
object sub-license
contract
Exclusive contract means a contract under

which, within licensing scope and term, the
licensee shall have an exclusive right to use the
licensed industrial property object while the
licensor may neither enter into any industrial
property object license contract with any third
party nor, without permission of the licensee,
use such industrial property object;
•  Non-exclusive contract means a contract

under which, within licensing scope and term,
the licensor shall s5ll have the rights to use
the industrial property object and to enter
into non-exclusive industrial property object
license contracts with others.
•  Industrial property object sub-license contract

means a contract under which the licensor is a
licensee of the right to use an industrial
property object under another contract.
–  The licensee must not enter into a sub-license
contract with a third party, unless it is so
permibed by the licensor.
Contents of industrial property object license contracts
An industrial property object license contract must have

the following principal contents:
a/ Full names and addresses of the licensor and the
licensee;
b/ Licensing bases;
c/ Contract type;
d/ Licensing scope of, covering limita5ons on use right
and territorial limita5ons;
e/ Contract term;
f/ Licensing price;
g/ Rights and obliga5ons of the licensor and the licensee.
An industrial property object license contract must not have provisions

which unreasonably restrict the right of the licensee, par5cularly the
following provisions which do not derive from the rights of the licensor:
a/ Prohibi5ng the licensee to improve the industrial property object
other than marks; compelling the licensee to transfer free of charge to
the licensor improvements of the industrial property object made by
the licensee or the right of industrial property registra5on or industrial
property rights to such improvements;
b/ Directly or indirectly restric5ng the licensee to export goods
produced or services provided under the industrial property object
license contract to the territories where the licensor neither holds the
respec5ve industrial property rights nor has the exclusive right to
import such goods;
art144
An industrial property object license contract must not

have provisions which unreasonably restrict the right of the
licensee, par5cularly the following provisions which do not
derive from the rights of the licensor:
c/ Compelling the licensee to buy all or a certain
percentage of raw materials, components or equipment
from the licensor or a third party designated by the licensor
not for the purpose of ensuring the quality of goods
produced or services provided by the licensee;
d/ Forbidding the licensee to complain about or ini5ate
lawsuits with regard to the validity of the industrial
property rights or the licensor’s right to license.
Characteris5cs of industrial property object license
contracts (art 148 VN IPL)
•  1. For the industrial property rights established on the basis

of registraKon as referred to in point 3(a) ArKcle 6 of this
Law, a contract for assignment of industrial property right
shall only be effecKve upon registraKon with the state
administraKon authority of industrial property rights.
•  2. For the industrial property rights established on the basis
of registraKon as referred to in point 3(a) ArKcle 6 of this
Law, a contract for use of industrial property object shall be
effecKve as agreed by the parKes.
•  3. A contract for the use of industrial property object
specified in Clause 2 of this ArKcle, except for a contract for
the use of trademark, shall be registered with the state
administraKon authority of industrial property rights to ve
valid for third parKes.
contracts
•  Validity of a contract for use of industrial

property object shall be terminated ex- officio
upon the terminaKon of licensor’s industrial
property rights.
contracts
•  Prices and payment methods are nego5ated

by the licensor and licensee
COMPULSORY LICENSING OF INVENTIONS Ar5cle
145,146,147
•  a/ Where the use of such inven5on is for public and non-commercial

purposes or in service of na5onal defense, security, disease preven5on
and treatment and nutri5on for people or other urgent needs of the
society.
•  b/ Where the holder of exclusive right to use such inven5on fails to fulfill
the obliga5ons to use such inven5on provided for in Clause 1, Ar5cle 136
and Clause 5, Ar5cle 142 of this Law upon the expira5on of a 4-year
dura5on as from the date of filing the inven5on registra5on applica5on
and the expira5on of a 3-year dura5on as from the date of gran5ng the
inven5on patent;
•  c/ Where a person who wishes to use the inven5on fails to reach an
agreement with the holder of exclusive right to use such inven5on on the
entry of an inven5on license contract in spite of his/her efforts made
within a reasonable 5me for nego5a5on on sa5sfactory commercial price
and condi5ons;
•  d/ Where the holder of exclusive right to use such inven5on is considered
having performed an5-compe55on prac5ces banned by compe55on law.
•  Such licensed use right is non-exclusive;
•  b/ Such licensed use right is only limited to a scope and dura5on
sufficient to achieve the licensing objec5ves, and largely for the
domes5c market, except for the cases specified at Point d, Clause 1,
Ar5cle 145 of this Law. For an inven5on in semi-conductor
technology, the licensing thereof shall be only for public and non-
commercial purposes or for handling an5-compe55on prac5ces
according to the provisions of the compe55on law;
•  c/ The licensee must neither assign nor sub-license such right to
others, except where the assignment is effected together with the
transfer of his/her business establishment;
•  d/ The licensee shall have to pay the holder of exclusive right to use
the inven5on a sa5sfactory compensa5on depending on the
economic value of such use right in each specific case, and
compliant with the compensa5on bracket set by the Government.
•  COMPARE AND CONTRAST IP ASSIGNMENT
AND LICENCE
ASSIGNMENT LICENCE
•  the transfer of ownership right •  The to use the industrial property object
-> assignee stop their ownership within the scope of his/her use right.
•  by owner of such industrial property right •  Licensee has use right, no ownership
•  in the form of wriCen contracts •  n the form of wriCen contracts: industrial
•  1 type of contract: industrial property property object license contracts
right assignment contracts •  3 types: exclusive, non-exclusive, sub-
•  an industrial property right assignment license
contract shall be valid upon its •  an industrial property object license
registra5on with the state management contract shall be valid as agreed upon by
agency in charge of industrial property the involved par5es but shall be legally
rights effec5ve to a third party upon registra5on
•  Geographical indica5on with the state management agency in
charge of industrial property rights.
•  Trade name?
•  GI, Trade name
•  Trade mark
•  Trademark?
•  Inven5on?

Part 2: HANDLING OF INFRINGEMENTS OF INTELLECTUAL
PROPERTY RIGHTS
Ar5cle 198.- Right to self-protec5on
Intellectual property right holders shall have the right to
apply the following measures to protect their intellectual
property rights:
a/ Applying technological measures to prevent acts of
infringing upon intellectual property rights;
b/ Reques<ng organiza5ons or individuals that commit
acts of infringing upon intellectual property rights to
terminate their infringing acts, make public apologies or
rec<fica<ons and pay damages;
c/ Reques<ng competent state agencies to handle acts
of infringing upon intellectual property rights according
to the provisions of this Law and other relevant
provisions of law;
d/ Ini<a<ng lawsuits at courts or arbitra<on centers to
protect their legi5mate rights and interests.
Ar5cle 198.- Right to self-protec5on
2. Organiza5ons and individuals that suffer from damage caused by acts of
infringing upon intellectual property rights or discover acts of infringing upon
intellectual property rights which cause damage to consumers or society shall
have the right to request competent state agencies to handle such acts
according to the provisions of this Law and other relevant provisions of law.
3. Organiza5ons and individuals that suffer from damage or are likely to suffer
from damage caused by acts of unfair compe55on shall have the right to
request competent state agencies to apply the civil remedies provided for in
Ar5cle 202 of this Law and the administra5ve remedies provided for by
compe55on law.
4. OrganizaKons, individuals who are defendants in lawsuit over intellectual
property infringements, if the Court concludes that they do not commit acts of
infringement, may request the Court to force the plainKffs to pay them
reasonable fee to hire a lawyer or other expenses in accordance with laws.
5. In case an organizaKon or individual abuses the procedures for intellectual
property protecKon and thus causes damage to another organizaKon or
individual, the organizaKon and individual suffering damage may request the
Court to force the abuser to pay damages, including reasonable costs of hiring
a lawyer. Acts of abusing intellectual property rights protecKon procedures
include acts of intenKonally exceeding the scope or objecKve of this
procedure.”

Ar5cle 200.- Competence to handle acts of infringing upon
intellectual property rights
Courts, inspectorates, market management

offices, custom offices, police offices and
People’s CommiCees of all levels, within the
ambit of their tasks and powers, are competent
to handle acts of Infringing upon intellectual
property rights.
Remedies against acts of infringing upon intellectual
property rights
With civil remedies
With administra5ve
remedies
Na5onal
With criminal remedies
Control of IP related
imports and/or exports
Civil remedies
1. Compelling the termina5on of infringing acts;

2. Compelling the public apology and rec5fica5on;
3. Compelling the performance of civil obliga5ons;
4. Compelling the payment of damages;
5. Compelling destruc5on, distribu5on or use for
non-commercial purposes
Ar5cle 214.- Forms of administra5ve sanc5ons

•  Caution
•  Monetary fine.
•  Additional sanctions:
–  Confisca<on of intellectual property counterfeit goods, raw
materials, materials and means used mainly for the produc5on
or trading of these intellectual property counterfeit goods;
–  Suspension for a definite <me of business ac<vi<es in domains
where infringements have been commiCed.
–  Compelled destruc<on or distribu<on or use for non-
commercial purposes
–  Compelled transportation out of the Vietnamese
territory of transit goods or compelled re-export infringing
upon intellectual property rights
Ar5cle 212.- Acts of infringing upon industrial property
rights which shall be criminally handled
•  Individuals who commit acts of infringing

upon intellectual property rights involving
elements which cons5tute a crime shall be
examined for penal liability according to the
provisions of criminal law.
Ar5cle 216.- Measures to control intellectual property-
related imports and/or exports
a/ Suspension of customs procedures for goods

suspected of infringing upon intellectual property
rights;
b/ Inspec<on and supervision to detect goods
showing signs of intellectual property right
infringement.
Ar5cle 203 Right and burden of proof of involved par5es

The plain5ff shall prove that he/she is the intellectual property
right holder with one of the following evidence:
a/ Copies of the copyright registra5on cer<ficate, related right
registra5on cer<ficate or protec<on <tle; or an extract of the
na<onal register of copyright and related rights, the na5onal
register of industrial property or the na5onal register of protected
plant varie5es;
b/ Necessary evidence proving the basis for establishment of
copyright or related rights in case of absence of a copyright
registra5on cer5ficate, related right registra5on cer5ficate;
necessary evidence proving rights to business secrets, trade names
or well-known marks;
c/ Copies of license contracts for intellectual property objects
where the use right is licensed under contracts.

Ar5cle 203 Right and burden of proof of involved par5es

When making a claim for compensa5on for damage,

the plain5ff must prove his/her actual damage and
specify the basis for determining compensa5on for
damage

Ar5cle 217.- Obliga5ons of persons reques5ng the
applica5on of measures to control intellectual
property-related imports and/or exports
Persons reques5ng the applica5on of measure to control intellectual

property-related imports and/or exports shall have the following
obliga5ons:
a/ To prove that they are intellectual property right holders by
producing documents and evidence
b/ To supply informa<on sufficient to iden5fy goods suspected of
infringing upon intellectual property rights or to detect goods showing
signs of intellectual property rights infringement;
c/ To file wriben requests to customs offices and pay fees and
charges prescribed by law;
d/ To pay damages and other expenses incurred to persons subject to
control measures in cases where the controlled goods are found
having not infringed upon industrial property rights.
Ar5cle 217.- Obliga5ons of persons reques5ng the
applica5on of measures to control intellectual
property-related imports and/or exports
2. To secure the performance of the obliga5ons, a

person reques5ng the applica5on of the measure of
suspension of customs procedures shall have to
deposit a security in one of the following forms:
a/ A sum of money equal to 20% of the value of the
goods lot subject to the applica5on of the measure of
suspension of customs procedures, or at least VND 20
million where it is impossible to value such goods lot;
b/ A guarantee deed issued by a bank or another credit
ins5tu5on.
HANDLING OF INFRINGEMENTS OF INTELLECTUAL
PROPERTY RIGHTS IN THE INTERNATIONAL LEVEL
Court Arbitra5on
Media5on
handling of INFRINGEMENTS OF INTELLECTUAL PROPERTY
RIGHTS in the interna5onal level
It requires that the par5es agree to
Arbitra5on have their dispute referred to an
arbitrator.

Advantages:
- the speed with which a decision can be reached
-  the lower cost at which this can be done
-  Arbitra5on is a less formal procedure than li5ga5on
-  the confiden5ality of the procedure
-  Can be enforced interna5onally
-  The arbitral award is final.
handling of INFRINGEMENTS OF INTELLECTUAL PROPERTY
RIGHTS in the interna5onal level
A mediator is a neutral person who assists

the par5es in resolving their dispute.
Media5on each party may terminate its
par5cipa5on at any stage. If the
media5on is successful, the seClement
has the effect of a contract between the
par5es.
Advantages
Media5on is par5cularly aCrac5ve where the par5es wish to preserve
or develop their rela5onship and resolve a dispute privately. Media5on
takes account of the par5es’ respec5ve
interests, more than their legal posi5ons.
Law implement
•  In the case there is a difference between

some regula5on of IP in VN IPL 2005 and some
regula5on of other VN law, what law is used?
Law implement
•  In the case there is an civil issue that is related

to IP but is not men5oned in VN IP Law, what
law is used?
•  In the case there is a difference between
some regula5on in VN IPL regula5on and
some regula5on of an interna5onal
conven5on that VN is a member, what law is
used?
THANK YOU
THANK YOU

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HO

THI HAI THUY (MS)

• Ho Thi Hai Thuy (MS.)

1 • Chapter 1: General Introduc<on to Intellectual Assets and IP Rights

2 • Chapter 2: Fields of Intellectual Property Rights

3 • 2.1. Copyright and Related Right

4 • 2.2. Trademark and Other Trade Indica<ons

6 • 2.4. Plant Variety Rights

7 • Chapter 3: Management/Commercializa<on of IPR

Assessment Rate Form of Assessment Time allowance

Class participation 10%

Mid-term assessment 30% Group Exam + bonus mark

Final-term exam 60% In-class Exam 60 minutes

HO THI HAI THUY (MS.)

1.2 • IPR’s ROLES

1.3 • CHARACTERISTICS OF IPR

1.4 • HISTORY OF IP PROTECTION

1.1.1. 1.1.2. ﬁelds

Copyright Related rights Industrial property

and all other rights resul5ng from Service

protec<on against unfair

Copyright Related rights Industrial property

(Vietnam IPL, 2005)

For the society?

• To give statutory expression to the moral and

Are like any other property rights.

For a business, IPR help:

Why should enterprises consider intellectual

Why should enterprises consider intellectual

Why should enterprises consider intellectual

• When adap5ng the product, its design, its

• The nego5a5on of agreements with partners

• The marke5ng of your product will rely

• The 5ming of your par5cipa5on in fairs and

2. Enable an enterprise to strengthen its

3. The failure to consider IP issues may result in

• Do all countries protect intellectual property?

• Not check whether a trademark is already

• Not using the regional or interna5onal

• Apply too late for IP protec5on abroad

• Disclosing informa5on too early or without a

Industrial • Paris conven5on for the Protec5on of Industrial Property (1883)

Patents • The Patent law treaty (PLT) (2000)

Trademarks • Trademark Law Treaty (TLT) (1994)

HO THI HAI THUY (MS.)

Content of Ownership of Terms of copyright

• Work means a crea5on of the mind in the

a/ Literary and scien5ﬁc works, textbooks,

f/ Cinematographic works and works created by a

f/ Cinematographic works and works created by a

Deriva5ve works shall be protected if it is not

Deriva5ve works shall be protected if it is not

• Protected works must be created personally

A copyrights assignee The State Public domain

• Copyrights shall arise at the moment when a

• The moral rights provided for in Clauses 1, 2

1. Seizing copyrights of a literary, ar5s5c, scien5ﬁc work;

• A work is automa5cally protected as soon as

• Bern Conven5on and TRIPS

HO THI HAI THUY (MS.)

• Copyright-related rights (hereinaqer referred

• Copyright-related rights (hereinaqer referred

• 1. Performers who are at the same 5me

2. Personal rights include the following rights:

•  Ho Thi Hai Thuy (MS.)

1 •  Chapter 1: General Introduc<on to Intellectual Assets and IP Rights

2 •  Chapter 2: Fields of Intellectual Property Rights

3 •  2.1. Copyright and Related Right

4 •  2.2. Trademark and Other Trade Indica<ons

6 •  2.4. Plant Variety Rights

7 •  Chapter 3: Management/Commercializa<on of IPR

1.2 • IPR’s ROLES

1.3 • CHARACTERISTICS OF IPR

1.4 • HISTORY OF IP PROTECTION

•  To give statutory expression to the moral and

•  When adap5ng the product, its design, its

•  The nego5a5on of agreements with partners

•  The marke5ng of your product will rely

•  The 5ming of your par5cipa5on in fairs and

•  Do all countries protect intellectual property?

•  Not check whether a trademark is already

•  Not using the regional or interna5onal

•  Apply too late for IP protec5on abroad

•  Disclosing informa5on too early or without a

Industrial • Paris conven5on for the Protec5on of Industrial Property (1883)

Patents • The Patent law treaty (PLT) (2000)

Trademarks • Trademark Law Treaty (TLT) (1994)

•  Work means a crea5on of the mind in the

•  Protected works must be created personally

•  Copyrights shall arise at the moment when a

•  The moral rights provided for in Clauses 1, 2

•  A work is automa5cally protected as soon as

•  Bern Conven5on and TRIPS

•  Copyright-related rights (hereinaqer referred

•  Copyright-related rights (hereinaqer referred

•  1. Performers who are at the same 5me

•  1. A broadcas5ng organiza5on shall have the exclusive

•  Related rights shall arise at the moment when

•  Fixa5on/performance + 20 years (minimum)

•  Not necessary with works belong to the

•  Industrial property rights are the rights of

•  Geographical indica5on registra5on

•  “indica<on of source” •  “appella<on of origin”

•  The Madrid Agreement for the Repression of

•  The Lisbon Agreement for the Protection

•  The Lisbon Agreement

•  Trade name means a designa<on of an

•  The exclusive right to use, to transfer the names

•  All acts of using commercial indica5ons

•  Industrial property rights to a trade name shall

•  Invention means a technical solution in the

•  “Inven5on” means a solu5on to a speciﬁc

•  A patent is a document, issued, upon

•  Members are obliged to make patents

•  if it is possible to realize mass manufacture or

•  if it is possible to realize mass manufacture or

•  Inven5on patents shall each have a validity

•  use inven5ons in domains under their

•  Art. 123.1; 124.1 IPL 2005

•  Art 121.1 IPL 2005: Owners of inven5ons,

•  Art 122 IPL 2005

•  Art 93 VNIPL 2005

•  Art 125.2 IPL 2005

•  Where a person has, before the publica5on date of an inven5on or

•  Holders of prior use right to inven5ons or

•  Art 135,136,137 IPL 2005

•  Industrial design means a speciﬁc appearance

1.  Appearance of a product, which is dictated

•  An industrial design shall be considered having not yet been

•  An industrial design shall be considered

•  Industrial design patents shall have a validity

•  Art 123, 124.2 IPL 2005

•  Art. 123.1; 124.1 IPL 2005

•  Art 125.2 IPL 2005

•  Where a person has, before the publica5on date of an inven5on or

•  Holders of prior use right to inven5ons or

•  Trade secret means informa5on obtained

•  Lawful acquirement, and

•  Art 124.4 IPL 2005