INTELLECTUAL PROPERTY

LAW

INTRODUCTION TO IPR
 Objective

After the class, student can:

- Understanding IPR is essential for human creative products

- Identify types of intellectual property rights, especially which related to the

field of study, the sources of national law and international law

- Distinguish between common law and civil law

- Identify the Vietnamese legal system on IP rights

- Understand the concept of overlap in IPR protection

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 Main content
1. Creation and IPRs

2. Justification for protection

3. Sources of IP law

4. What is IPRs?

5. Types of IPRs

6. Overlapping protection

7. Protecting and managing of IPRs

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 1. Creation and IPRs

- Creativity of human being: intangible, easy to be copied, occur everyday…

- Value of creativity: economic value, personal branding…
- Conflicts of interests between owners, authors and society
- Protecting IPR encourages creation and innovation  balance of interests,
benefit both creators and the society

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 1. Creation and IPRs

• Graphic works: company logos, covers of magazines, appearances of

products, etc.
• Multimedia works: video, social post, film, image…
• Creativity and design generates not only useful ideas but also IP.
• As graphic designers or multimedia communicators, you are in business of
creating IP.

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 2. Justification for protection

Demand Action
• Less human creativity, Less • Protection of the product of mind
development is one way to encourage creativity
• Less protection, less creativity

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 2. Justification for protection

Demand Action
• In practice, IP value occupies • Your product of mind should be
significant proportion of corporate protected for long-term success in
asset value business
• For the firms of which business is
in innovation and creativity, IP is
much more essential for their
existence and development.

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 2. Justification for protection

$355.1 billion (2022) $184.2 billion

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 2. Justification for protection

- You may produce IP everyday.

- IPRs may be your valuable assets.
- Do something appropriate to protect your IPRs as the best way to protect
your property, business, and success.

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 3. Sources of IP law

• Law is a set of rules enacted and enforced by a sovereign state.

• IP law means an area of law governing IPRs.
• IP law is made up of

International National
Conventions laws/regulations

Precedents (Case law) (if any)

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 3.1. International Conventions
WIPO-administered treaties (26 treaties), such as:
-Berne Convention (adopted in 1886)
-Paris Convention for the Protection of Industrial Property (1883)
-Trademark Law Treaty (TLT)
-Hague Agreement Concerning the International Registration of Industrial Designs
(1925);
-Madrid Agreement Concerning the International Registration of Marks
-Convention for the Protection of Producers of Phonograms Against Unauthorized
Duplication of their Phonograms
-Rome Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations;

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 3.1. International Conventions

WTO:
•Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs
agreement)
Regional and Bilateral Trade Agreements
•CPTPP
•EVFTA
•Bilateral Trade Agreement between Vietnam and the United States of America
(2000); at
https://vn.usembassy.gov/our-relationship/policy-history/bilateral-trade-agreeement/

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3.1. International
Conventions
Discussion • Which can be sources of IP international law
applied in Vietnam?
Reference:
www.cov.gov.vn
www.noip.gov.vn

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 1) Charter of Fundamental Rights of the
3.2. EU Law (UK) European Union (2000/C 364/01)
2) Directive (EU) 2015/2436 of the European
Parliament and of the Council of 16
December 2015 to approximate the laws of
the Member States relating to trade marks
3) Directive No. 2012/28/EU of the European
Parliament and of the Council of 25 October
2012 on certain permitted uses of orphan
works
4) Directive 2004/48/EC of the European
Parliament and of the Council of 29 April
2004 on the enforcement of intellectual
property rights;
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3.3. National law Statutory law (Act of Parliament)
(UK) -Copyright, Designs and Patents Act 1988;
-Broadcasting Act 1996
-Copyright, etc. and Trade Marks (Offences and
Enforcement) Act 2002
-Legal Deposit Libraries Act 2003
-Enterprise and Regulatory Reform Act 2013
-Registered Design Act 1949
-The Patents Act 1977
-The Trade Marks Act 1994

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3.3. National law Statutory instruments:
(UK) -Trademarks Rules
-Patents Rules 2007
-Patents (Fees) Rules 2007
-The Registered Designs Rules 2006
-The Registered Designs (Fees) (No. 2) Rules
2006
-The Copyright and Related Rights Regulations
1996
-The Copyright (Regulation of Relevant
Licensing Bodies) Regulations 2014; and
-So forth

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3.3. National law Case law: (judge-made law) – Doctrine of
Precedent
(UK)
-Decisions made by the court of appeals
-Decisions made by the Supreme Court

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 Statutory law
3.3. National law -In 2005, Vietnam’s National Assembly passed
( Vietnam) the Law on Intellectual Property Rights (IPRs);
this law was later amended and supplemented in
2009, 2019, 2022
-Law on enterprise
-Competition law
-Commercial law
-Publishing law
-Law on investment
and their implementing regulations (Decrees,
Circulars…)

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3.3. National law Statutory law
-Civil code
(Vietnam)
-Code of civil procedure
-Law on customs
-Law on handling administrative violations
-Criminal Code
-Criminal procedure code and its amendment
and their Implementing regulations (Decrees,
Circulars…)

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 4. What is IPRs?

• Intellectual Property (IP) is the product of human intelligence

• IP refers to creations of the mind, such as inventions; literary and artistic
works; designs; and symbols, names and images used in commerce.
(WIPO)
• Intellectual property rights (IPRs) mean legal rights resulting from
intellectual activities in industrial, scientific, literacy and artistic fields. In
other words, intellectual property rights are a bundle of legal rights attached
to IP. (WIPO)

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 4. What is IPRs?

Characteristics:
•Exclusive rights, inter alia, are the most important right granted to a holder of
intellectual property rights.
•Allow the creators or owners of IP to benefit from their work or from their
investment in a creation by giving them control over how their property is
used.
•Intellectual property rights are intangible property bearing economic value.
•In graphic design and MC, intellectual property rights are normally affixed to
graphic works and creative works

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 5. Types of IPRs

• IPRs are often divided into two main categories (WIPO):

 Copyright and related rights cover literary, artistic and scientific works,
including performances and broadcasts.
 Industrial property right includes patents for inventions, industrial designs,
trademarks and geographical indications.

Besides, there is IPR for plant varieties and micro-organisms

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 5. Types of IPRs

Convention Establishing the World Intellectual Property Organization

(WIPO), concluded in Stockholm on July 14, 1967:
• literary, artistic and scientific works,
• performances of performing artists, phonograms and broadcasts,
• inventions in all fields of human endeavor,
• scientific discoveries,
• industrial designs,
• trademarks, service marks and commercial names and designations,
• protection against unfair competition;
• Other rights resulting from intellectual activities in industrial, scientific,
literacy and artistic fields

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 5. Types of IPRs

• UK • Vietnam
- Patents - Copyright and related rights
- Copyright - Industrial property right
- Registered designs - Right to plant varieties
- Design right
- Trademarks
- Confidential information

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 5. Types of IPRs
In graphic design and multimedia communication:
-Copyright
-Registered designs
-Design right
-Trademarks
-Confidential information

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 6. Overlapping protection

• A graphic design work may be protected by many types of IPRs.

• Different rights last for different lengths of time.
• Some based on statutory law
• Some based on judge-made law

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 6. Overlapping protection
What types of IPR in this What types of IPR in this picture?
advertisement?

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 6. Overlapping protection
What types of IPR in this cover? What types of IPR in this design?

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 7. Protecting and managing of IPRs

Protecting
-Marking
-Register to protect your IP rights: Intellectual Property Office (UK), NOIP
(Vietnam), COV (Vietnam)
-Take action against infringers: Courts
-Make Confidential Agreements/Non-disclosure agreements
-Consult Industrial property representator if necessary
-Consult IP lawyers if necessary

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 7. Protecting and managing of IPRs

Managing of IPRs: Firms of any size

• The term ‘IPRs’ was becoming generally known from the Uruguay Round of
GATT – the General Agreement on Tariffs and Trade –(1995)
• Patents are still seen as a necessary evil, with the budget being first in line for
reduction; the IP department is seen as a cost center, not a positive force for
revenue generation
• The need for an overall IPR ‘champion’ is not limited to large companies

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 7. Protecting and managing of IPRs

IPRs strategy
-Generation of new ideas
-Protecting the new ideas by IPRs
-Market watch in broad sense
-Trading IPRs

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 Summary

- Intellectual Property (IP) is the product of human intelligence.

- Intellectual property rights mean legal rights resulting from intellectual

activities in industrial, scientific, literacy and artistic fields.

- IP law is made up of national law and international law. Especially, in

common law system, case law (judge-made law) is used a lot.

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 Summary (cont.)

- Types of IPRs in creative works: Copyright, Registered design, Design right,

Trademark, Confidential information
-Overlap in IPR protection happened when a work is protected by many types
of IPRs. Therefore, different rights last for different lengths of time.
-Marking and management are necessary in protecting IPs.

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 Thank you for your attention

Questions & Answers

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