SOME REGULATIONS ABOUT INDUSTRIAL PROPERTY RIGHTS

According to:

Article 4, Article 6, Article 121, Article 122 of the Law on Intellectual Property No. 07 / VBHN-VPQH dated 25/06/2019

I. INDUSTRIAL PROPERTY RIGHTS:

Industrial property rights means rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition.

II. THE BASIS TO ESTABLISH THE INDUSTRIAL PROPERTY RIGHTS

1. Industrial property rights to inventions, industrial designs, layout designs and marks, which are established on the basis of:

1.1. Decisions on grant of Protection titles issued by competent state agencies according to regulation registration procedures of Law on Intellectual Property; or

1.2. The recognition of international registration pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

1.3. In the case of a well known mark, industrial property rights shall be established on the basis of use and shall not be dependent on registration procedures.

2. Industrial property rights to geographical indications established on the basis of:

2.1. Decisions on grant of Protection titles issued by competent state agencies according to regulation registration procedures of Law on Intellectual Property; or

2.2. The recognition of international registration pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

3. Industrial property rights to a trade name shall be established on the basis of lawful use thereof;

4. Industrial property rights to a trade secret shall be established on the basis of lawful acquirement of the trade secret and maintaining confidentiality thereof;

5. The right to prevent unfair competition shall be established on the basis of competitive activities in business.

III. OWNERS OF INDUSTRIAL PROPERTY OBJECTS:

1. The owner of an invention, industrial design or layout design means an organization or individual who is granted a protection title for the respective industrial property object by the competent body.

2. The owner of a mark means an organization or individual who is granted a protection title for such mark by the competent body or who has an internationally registered mark recognized by the competent body or who has a well known mark.

3. The owner of a trade name means an organization or individual who lawfully uses such trade name in business activities.

4. The owner of a trade secret means an organization or individual who has lawfully acquired such trade secret and kept it secret. A trade secret acquired by an employee or a performer of an assigned task during the performance of the hired job or assigned task shall be owned by the employer or the task assignor, unless otherwise agreed by the parties.

5. The owner of geographical indications of Vietnam is The State

The State shall grant the right to use geographical indications to organizations or individuals who manufacture products bearing such geographical indications in relevant localities and put such products on the market. The State shall directly exercise the right to manage geographical indications or grant that right to organizations representing the interests of all organizations or individuals granted the right to use geographical indications.

IV. AUTHORS OF INVENTIONS, INDUSTRIAL DESIGNS AND LAYOUT DESIGNS

The author of an invention, industrial design or layout design means the person who has personally created such industrial property object. Where two or more persons have jointly created an industrial property object, they shall be co-authors of it