Intellectual property (IP) rights are an important legal foundation that helps protect creative achievements, promoting innovation and economic development. Understanding the concept and characteristics helps organizations and individuals effectively exploit the value of intellectual property assets and comply with regulations.
According to Article 4.1 of the Law on Intellectual Property (IP Law), IP rights are understood as rights of organizations and individuals to intellectual property assets, including:
Copyright and Copyright-related rights.
Industrial property rights
Rights to plant varieties.
IP rights distinct characteristics compared to ordinary property rights:
Intangibility: Intellectual property assets are intangible assets such as programs, software, technology,....; therefore, humans cannot physically possess them like tangible assets but can only possess the physical assets containing those intangible assets.
Limited term and scope of protection: Most objects of IP rights are protected for a certain period and within the territory of the nation where the object is registered or recognized.
Protected by various IP rights: An object may be protected by multiple different IP rights simultaneously. For example, logo A can be protected simultaneously by copyright and industrial property rights regarding trademarks
These characteristics of IP rights serve as the basis for the law to establish appropriate management and protection mechanisms.
The role of IP rights:
Protecting intellectual products from copying and infringing acts
Creating motivation for innovation, encouraging research.
Increasing brand value and competitive advantage.
Ensuring the legitimate rights of authors and owners.
In business, IP rights are a key tool helping enterprises build sustainable development strategies, attract investment, and create differentiation in the market.
The scope of IP rights is very broad, covering from artistic creation to technological innovation. In Vietnam, IP rights are divided into three main groups to ensure clear and transparent management and protection.
2.1.1. Definition:
Copyright: Rights of organizations and individuals to works they have created or own.
Copyright-related rights mean rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted programcarrying satellite signals.
2.1.2. Subject matter of protection:
The subject matter of copyright includes literary, artistic, and scientific works. Copyright protects moral rights and property rights of authors and copyright holders regarding literary, artistic, and scientific works.
The subject matter of Copyright-related rights includes rights to performances, phonograms, video recordings, broadcasts and encrypted programcarrying satellite signals. Copyright-related rights arise on the basis of copyright.
Note: During the protection term, the owner has the exclusive right to exploit the work, and to authorize or prohibit others from using their work (except for cases of limited use of the work in certain circumstances)
Example of copyright: Writer Nguyen Nhat Anh has copyright to the literary works he wrote such as "Mat biec" (Dreamy Eyes), "Toi thay hoa vang tren co xanh" (I See Yellow Flowers on the Green Grass),..., so he has the exclusive right to exploit and benefit from his works; if any other individual or organization infringes upon the copyright, he may request the application of preventive measures in accordance with the law.
Example of related rights: The movie "Mat biec" directed by Victor Vu is based on the original script which is the literary work of the same name by author Nguyen Nhat Anh. Victor Vu will have the right to exploit and benefit from this cinematographic work as well as the right to request the application of measures to ensure his rights.
2.2.1. Definition:
Rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names, geographical indications, and rights against unfair competition.
2.2.2. Subject matter of protection:
The subject matter of industrial property rights includes inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names, geographical indications, and rights against unfair competition.
Protection conditions and protection terms for industrial property objects differ, depending on each specific type of right. Protection conditions and protection terms for industrial property objects differ, depending on each specific type of right; to prohibit others from using the industrial property object and to dispose of the industrial property object. However, to ensure harmony between public interests and State interests, the use of certain rights in some cases is not considered a violation.
Example: The Coca-Cola trademark is a well-known mark and has been registered for protection in Vietnam. Acts of copying or using identical or similar signs may be considered infringement of industrial property rights regarding the trademark and will be subject to corresponding sanctions.
2.3.1. Definition:
Rights of organizations and individuals to new plant varieties, including rights to propagating material and harvested material.
2.3.2. Subject matter of protection:
Propagating material and harvested material. During the protection term, the protection title holder has the right to use or authorize others to use rights related to the propagating material of the protected variety, such as production or propagation, conditioning for the purpose of propagation, offering for sale, selling or exporting for inheritance, succession, and transfer of rights to the plant variety.
The exclusive rights of the protection title holder may also be limited in some cases in accordance with regulations.
Example: Mr. A has successfully bred a rice variety with high yield and quality, capable of resisting pests and diseases. Mr. A will have the right to use this rice variety and have other rights such as authorizing others to use, process,...
The legal framework for IP in Vietnam is established quite comprehensively, consistent with international practices, creating a foundation for creative activities and sustainable business development.
The system of legal documents includes:
Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022)
Decrees guiding implementation such as Decree 65/2023/ND-CP, Decree 17/2023/ND-CP,....
Circulars of the Ministry of Science and Technology, Ministry of Finance,...
International treaties such as the TRIPS Agreement, the Berne Convention, the Madrid Protocol....
Legal regulations cover from protection conditions, registration procedures to rights and obligations of owners and users.
When an infringing act occurs, the law prescribes various handling measures according to Article 199 of the IP Law:
Civil measures: Requesting termination of the act, public apology, compensation for damages (via Court or Arbitration).
Administrative measures: Sanctioning, confiscating infringing goods (via state management agencies such as Inspectorate, Market Management Authority...).
Criminal measures: Applied to acts of a serious nature.
In necessary cases, competent state agencies may apply provisional emergency measures, control measures for intellectual property-related exports and imports, and measures to prevent and secure administrative sanctioning in accordance with this Law and other relevant legal regulations.
According to Article 200 of the IP Law, agencies with authority to handle IP rights infringements include:
Courts: Applying civil, criminal measures and provisional emergency measures.
Inspectorate: Applying administrative measures (within the scope of state management of IP)
Customs offices, Market Management authorities, police, People's Committees at all levels: Applying administrative measures and preventive measures when necessary
Note on IP rights
Early registration helps ensure rights and creates strong evidence in case of disputes
Understanding the law clearly helps effectively exploit intellectual property assets (brands, inventions...) and optimize competitive advantage.
How long do IP rights last?
Depending on the type of right, for example, the moral rights of copyright are protected indefinitely according to regulations, trademarks are 10 years, and inventions are 20 years.
Is it mandatory to register IP rights?
Copyright is protected automatically. However, industrial property rights (inventions, trademarks, industrial designs) and plant varieties must be registered to be protected.
How are IP rights infringements handled?
They may be handled by administrative, civil, or criminal measures depending on the severity, according to Article 199 of the IP Law.
Should small businesses register trademarks?
Trademark is an important asset, helping to build reputation, affirm product origin, and avoid trademark squatting.
Intellectual property rights are the legal foundation protecting creative assets, promoting economic development, and ensuring legitimate rights. Understanding the concept, characteristics, scope, governing law, and practical examples will help individuals and enterprises proactively protect their rights.
If you need advice on registering and protecting intellectual property rights effectively and lawfully, contact Lexsol immediately for in-depth support from a team of experienced legal experts
Lexsol is a team of young, dynamic lawyers with over 10 years of experience in advising and resolving legal matters for both domestic and international businesses.
152-154 Vo Van Kiet Street, Ben Thanh Ward, Ho Chi Minh City, Vietnam
Điền thông tin, chúng tôi sẽ liên hệ tư vấn chi tiết cho bạn trong vòng 24h.
