Protection of Intellectual Property

SUMMARY OF INTELLECTUAL PROPERTY RIGHTS

1.Objects of industrial property rights are always associated with production and business activities:

One of the criteria to divide the results of intellectual creation into copyright and industrial property rights is based on their usefulness or applicability. If the objects of copyright are mainly applied in spiritual entertainment activities, the objects of industrial property rights are mainly applied in production and commercial business activities.

 

For that reason, one of the conditions for the protection of inventions, industrial designs and layout designs is that they must be applicable in the fields of science and technology to create products. valuable for human life. As for trademarks, trade names, geographical indications, trade secrets must contain trade indications, they are seen as a bridge between manufacturers or service providers to consumers. Subjects that can keep these objects will have competitive advantages over other subjects

Types of human creativity are grouped into the following types of objects of intellectual property rights:

+ Copyright copyright;

+ Brand / Logo;

+ Patent / Utility Solution;

+ Industrial design;

+ Layout diagram of integrated circuit;

+ Geographical indication.

 In addition to copyright, the remaining rights are collectively referred to as industrial property rights.

2. Why must register for protection as soon as possible?

Intellectual property is the first legal issue that businesses must pay special attention to. Before business registration, enterprises can register trademarks, copyrights, inventions, industrial designs under personal names to prevent the theft of ideas ... protection for their ideas, whatever the form, should be implemented as soon as possible.

Article 90 of the 2005 Intellectual Property Law stipulates the principle of first filing as follows: “In case there are many applications for registration of identical or equivalent inventions, the industrial designs are identical or not different. significantly, protection titles are only granted for the invention or industrial design in the valid application with the earliest priority date or filing date among the applications that satisfy the conditions for the grant of the protection title. ".

Accordingly, whoever applies first, that person will be given priority to grant a diploma. The following filing cases often do not meet the criteria for protection, even many are delayed in filing for protection, allowing competitors to file and establish intellectual property first, causing great damage to enterprise.

3. What is the nature of protection of intellectual property rights?

 

From a material perspective, protecting intellectual property rights is to ensure that creators can exploit the economic value of their creative products to compensate for their creative work.

The protection of intellectual property rights is always associated with the term of protection. For example, a cinematographic work is protected for 50 years, an integrated circuit layout design has a protection term of 10 years.

At the end of this period, creations become a common property of mankind and can be exploited and used by all without permission or remuneration to the creator. Intellectual property right holder: Individual, legal person, state. Except for moral rights of copyrights, arising immediately upon the presence of a work, other industrial property rights (including:

4. National territorial effect on industrial property protection: The whole territory of Vietnam.

5. Establishments arising of Industrial Property Rights:

+ Industrial property rights to inventions, industrial designs, layout designs, marks, geographical indications are established on the basis of:

+ Decision on grant of protection title issued by a competent state agency according to the prescribed registration procedures.

+ Or recognize the international registration according to the provisions of the international treaties to which the Socialist Republic of Vietnam is a signatory;

+ For well-known marks, ownership is established on the basis of use, not dependent on trademark registration procedures;

+ Industrial property rights to a trade name established on the basis of the lawful use of that trade name;

+ Industrial property rights to business secrets are established on the basis of legally acquiring business secrets and implementing confidentiality. that business;

+ The right to fight unfair competition is established on the basis of business competition.

6. Term of protection of copyright and industrial property rights:

+ Patent: 20 years

+ Copyright (for works other than paintings or movies): 50 years or lifetime plus 50 years.

+ Cinema copyright: 50 years

+ Trademark: 10 years from the filing date, renewable for many consecutive times, for 10 years each.

+ Technological design: 10 years

+ Layout of integrated circuit: 10 years

For more detailed information on services related to the trademark / logo registration dossier procedures; Industrial Designs; Inventions, utility solutions; Industrial Designs; Geographical indication; Copyright… by OSLAW please contact us by hotline at 0395 974 826 or email to oslaw.services@gmail.com.

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