These intellectual properties differ in the subject of protection. Each type of intellectual property has different criteria and requirements for protection:

• Trademark: A sign expressed in the form of images, words, symbols, or a combination of these elements, used to distinguish the goods or services of one organization or individual from those of another. Trademarks must be registered to be protected.
• Industrial design: The external appearance of a product or part to be assembled into a complex product, expressed in shapes, lines, colors, or a combination of these elements, and visible during the exploitation of the product or complex product. Registering an industrial design protects the aesthetic and design rights of the product. An industrial design must be registered and must meet the criteria of novelty, creativity, and industrial applicability to be protected.
• Patent: A technical solution in the form of a product or process that solves a specific problem by applying the laws of nature. A patent must be registered and must meet the criteria of novelty, inventive step, and industrial applicability to be protected.
• Copyright: An intellectual property right for literary, artistic, and scientific works such as books, songs, software, films, and paintings created by an author. Copyright does not require registration to be protected, but copyright registration helps prove ownership and protects the legal rights of the author or owner in case of a dispute.

Yes, Vietnam has a comprehensive Intellectual Property (IP) legal system, as stipulated in the 2005 Law on Intellectual Property, amendments made in 2009, 2019 and 2022 and outlines detailed regulations and guidelines to protect intellectual property rights. Vietnam is also a member of the World Intellectual Property Organization (WIPO) and participates in intellectual property-related agreements such as the Berne Agreement (on copyright protection), the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), and the Madrid System for International Trademark Registration.

If intellectual property is protected by intellectual property rights, you must obtain permission to use it to avoid infringing on the rights of others. Common scenarios include:

• Trademark: If you wish to use a registered trademark, you must obtain the trademark owner’s consent, unless the trademark has expired or is no longer protected.
• Copyright: If you want to use a copyrighted work (such as a book, song, software, or image), you must seek permission from the copyright owner, unless the copyright protection period has expired (usually 50 years) or the work has been licensed for public use.
• Patent: If the invention is not patented, you do not need permission but should consider the benefits associated with its use. For patented inventions, you must obtain the owner’s consent through a license or usage agreement.
• Protected industrial designs and technical solutions: You must obtain consent or enter into a license agreement before using them.

In addition to these common scenarios, intellectual property may be used without permission in specific circumstances, such as: copying for personal purposes, quoting for commentary or teaching, using works whose copyright protection has expired, or for scientific research. Additionally, if an invention, trademark, or industrial design has expired, or if a trade secret has been made public, it can be used without infringing intellectual property rights. In certain exceptional situations, such as those involving national security, intellectual property may also be used without the need for prior consent.

Currently, there is no official definition of intellectual property in Vietnam. However, according to the World Intellectual Property Organization (WIPO), IP refers to creations of the mind, including inventions, literary and artistic works, designs, symbols, names, and images used in commerce.

Intellectual property represents a form of intangible asset that is not physically identifiable but can hold significant value and generate profit. IP is protected by legal rights such as patents, copyrights, trademarks, and other intellectual property laws, enabling individuals and businesses to gain recognition and financial benefits from their innovations and creative works.

Intellectual property may includes: Literary, artistic, scientific works, ideas; performances, recordings, broadcasts; inventions, industrial designs, geographical indications, trademarks, trade names; business secrets, recipes; new plant varieties, computer software…

For intellectual property to be protected, it must meet specific criteria depending on the type of IP right. Common criteria include:

• Originality and creativity: The IP must be created by a human and demonstrate a certain level of innovation or originality.
• Novelty: Inventions or industrial designs must be new and not previously disclosed or used before the application for protection.
• Distinctiveness: Trademarks must be able to distinguish the goods or services of one business from another.
• Usefulness and industrial applicability: Inventions must be applicable in practice or in industrial production.
• Confidentiality: Trade secrets must not be widely known, provide a competitive advantage, and be strictly protected by the owner.
• Legal and ethical compliance: Intellectual property must not violate public order, social ethics, or existing legal regulations.

Protecting intellectual property rights is essential to ensure that creators and owners can fully benefit from their innovations and creative works. It prevents unauthorized use, copying, and exploitation of intellectual assets, thereby preserving the incentives for further innovation and investment. Effective protection of intellectual property rights also fosters fair competition, helps businesses establish and maintain their brand identity, and strengthens consumer trust. Furthermore, safeguarding these rights contributes to economic growth, cultural development, and technological advancement, benefiting both individuals and society.

The principles of intellectual property rights include:

• Protection of the rights of authors and owners: Intellectual property rights ensure that creators and owners have the authority to control and exploit their works, thereby fostering creativity and innovation.
• Time and space limitations: Intellectual property rights are subject to specific protection periods and territorial limitations. Once the protection period expires or outside the designated territorial scope, intellectual property can be freely used.
• Property rights and moral rights: Intellectual property rights comprise (i) property rights, which are transferable, and (ii) moral rights, which are inherently linked to the creator and are non-transferable.
• Protection of public interests: While intellectual property rights safeguard the interests of authors and owners, they must also ensure public interests, particularly in fields such as education, research, and development.
• Commercial and fair competition: Intellectual property rights have commercial value, aiding in the protection of innovative products within the business environment and maintaining fair competition in the marketplace.
• International protection: Intellectual property rights can be extended internationally through agreements and treaties, ensuring the protection of intellectual property owners’ rights across multiple countries.

Compared with tangible assets, intellectual property rights have a special difference. Intellectual property rights are intangible assets, difficult to value, limited in time and space, and can be protected by personal rights and property rights. Intellectual property is not physically depreciated and can be used by many people at the simultaneously without losing value.

Intellectual property rights have some typical characteristics as follows:

The object of intellectual property rights is often not a specific object, but an intellectual product expressed in an immaterial form, which can be applied to production and business. It can serve spiritual life or be applied to technology to create material products.

Intellectual property rights include property rights and personal rights. Personal rights are attached to the creator and are non-transferable, while property rights can be transferred through contracts and agreements.

Intellectual property rights are not permanent like tangible assets, but are limited in time and space, and can be adjusted by public interest.

Intellectual property rights are commercial, especially when the economy develops, requiring a market-appropriate approach.

Due to their intangible and easily copied nature, intellectual property is vulnerable to infringement (it is essential to pay attention to protecting intellectual property rights).

Through two ways:

• Assignment, gifting: Permanent transfer of ownership through a contract.
• Licensing: Allowing another person to use the IP asset while retaining ownership.

Yes, you can make money from IP by:

• Licensing: Charging royalties for allowing others to use IP assets.
• Selling: Transferring IP rights for a fee.
• Commercializing: Using IP assets to produce goods or provide services.
• Franchising: Combining IP with business activities to expand the brand.

The following steps will guide you through the process of checking trademarks in Vietnam:

Step 1: Access the website of the National Competent authority by the following link:

http://wipopublish.ipvietnam.gov.vn/

Step 2: You will need to provide the necessary trademark information for your search. To effectively protect the trademark in question, please ensure you include the following details:

• Trademark search: enter the name of the trademark
• Product/service category
• Classification of images
• Name of the product/service.

The trademark registration is valid for 10 years from the date of application and can be renewed for additional periods of 10 years each. Renewal applications may be filed within 6 months prior to the expiration of the registration. If the renewal application is filed after the expiration date, it can still be submitted within 6 months with an additional late filing fee, which is calculated monthly for each month of delay.

The process of trademark assignment involves the transfer of ownership rights from the trademark holder to another organization or individual. Such an assignment must be formalized in writing through a contract between the parties involved. It also must be registered with the competent authorities to be effective.

Yes, to be legally binding, the assignment contract must be recorded with the competent authorities. The trademark assignment is recognized and officially takes effect once the registration of the trademark ownership transfer is completed at the competent authorities.

To change the owner of a trademark, the following steps are necessary to be performed:

• Transfer agreement: The current owner and the assignee (new owner) must execute a transfer contract detailing the assignment of trademark ownership and associated rights.
• Prepare the transfer registration dossier: Required documents include the signed transfer contract, a declaration form, the original trademark registration certificate, and documents verifying the identities of both parties.
• Register with the National Office of Intellectual Property: Submit the transfer registration application along with the requisite documents. The National Office of Intellectual Property will review the dossier and issue an updated Trademark Registration Certificate to the new owner

Once the transfer is officially recorded by the National Office of Intellectual Property, the new trademark owner will hold full ownership rights to the trademark.

No, a trademark is not a depreciable asset, but an intangible asset that is protected based on the Trademark Registration Certificate. The protection of a trademark is valid for 10 years and can be renewed an unlimited number of times, provided the renewal requirements are met.

Trademark infringement occurs when a trademark or service mark is used without authorization in relation to goods and/or services, leading to potential confusion, deception, or misrepresentation regarding the origin of those goods and/or services. Trademark infringement includes the illegal use of a trademark identical to a registered trademark, causing confusion for consumers. – Common acts include the production or sale of counterfeit products and the application of the trademark on packaging or promotional materials without the consent of the trademark owner.

When a trademark infringement occurs, the trademark owner has several legal options to protect their rights and seek remedies. Depending on the severity of the infringement and the desired outcome, the following measures can be taken:

• Send a notice to cease infringement: The trademark owner may formally request the infringer to stop the infringement and compensate for any damages incurred.
• Negotiation and Agreement: Both parties can engage in negotiations to amicably resolve the dispute.
• Report the Infringement to the Market Management Agency: The trademark owner can report the violation to the competent market management authority for investigation and action.
• File a complaint with the intellectual property office: If the dispute remains unresolved, a formal complaint can be submitted to the Intellectual Property Office for resolution.
• File a lawsuit in court: If prior measures are ineffective, the trademark owner may initiate legal proceedings in court to protect their rights.
• Administrative or Criminal Sanctions: Depending on the severity of the infringement, the violator may face administrative penalties or criminal prosecution.
• Request temporary measures: During the dispute resolution process, the Court may be requested to impose temporary measures to safeguard the rights of the trademark owner.

Handling trademark infringement depends on the conduct, nature, and extent of the infringement. Intellectual property owners can choose different approaches. Common measures include:

1. Civil measures and self-agreement: When detecting an infringement, the IP owner can send a notice requesting the infringing party to stop the infringement. The parties can then negotiate to reach an agreement on payment of usage fees or compensation for damages.
2. Administrative and non-litigation measures: The infringement can be reported to the competent authority, or a formal complaint can be filed with the Intellectual Property Office. These measures may be combined with negotiation or agreement efforts to enhance the effectiveness of resolving the infringement.
3. Filing a lawsuit in court: If the above measures do not resolve the issue, the IP owner can file a lawsuit against the infringing party in court to demand compensation and handle it according to the law.

The selection of appropriate measures should be carefully evaluated based on the specific circumstances, with expert consultation recommended to ensure optimal protection of the relevant interests.

The difference between patent infringement and trademark infringement lies mainly in the nature and purpose of protection of these two intellectual property objects.

Patents protect new technical solutions or creative processes with industrial applications, aiming to encourage innovation and technological development. Patent infringement arises when a party utilizes, manufactures, or sells a protected invention without the authorization of the patent owner.

Meanwhile, trademarks primarily protect distinctive signs that identify goods or services, enabling them to stand out in the marketplace. Trademark infringement occurs when a party uses identical or confusingly similar signs, leading to consumer confusion.

In simple terms, Patent infringement is usually an infringement on the internal content of the product, while trademark infringement is an infringement on the form of the identifying signs of that product or brand.

Using a trademark that is similar enough to cause confusion with another trademark: “Hao Hao Noodles sues Hao Hang Noodles”. Acecook discovered that Asia Foods’ Hao Hang product – has a packaging design that is confusing with the protected trademark, Hao Hao noodles. Acecook Vietnam decided to sue in court. At the first instance trial, the People’s Court declared that Asia Foods’ Hao Hang noodles had infringed the intellectual property rights of Acecook’s Hao Hao noodles. Therefore, Asia Foods must stop the infringement, publish an apology in the newspaper, and compensate Acecook 80 million VND in attorney fees.

Trademark infringement can cause serious harm to the infringer:

Legal risks: Infringers may face severe legal action. There are three main types of action:

• Civil: The trademark owner may seek compensation for damages resulting from the infringement, including physical and mental health damages. The compensation amount can be substantial and is calculated based on the actual damages incurred.
• Administrative: Infringers may face fines ranging from VND 10,000,000 to VND 500,000,000, depending on the severity of the violation. Solution to address consequences may include the removal of the infringing element or the destruction of infringing materials and evidence.
• Criminal: In cases of serious violations, the infringer may be subject to fines ranging from VND 50,000,000 to VND 1,000,000,000, or imprisoned from 6 months to 3 years, depending on the severity of the infringement.

Reputation risk: Trademark infringement damages the reputation of the infringer, particularly for large enterprises. Goods that infringe on intellectual property rights can make customers lose trust, leading to decreased sales and large financial losses, ultimately undermining the enterprise’s market competitiveness. Furthermore, trademark infringement harms the company’s reputation, diminishing consumer trust in its products or services.

To check if your proposed trademark is identical to any registered trademarks, you should search the trademark database available at the Competent authority. Additionally, consult with an attorney or an intellectual property representative to evaluate the potential risks involved. If you are using a trademark that is likely to cause confusion as to the source of the product or service with another registered trademark, then you are likely infringing.

A disadvantage of trademarks lies in the substantial expenses involved in their registration and maintenance of protection, especially when multiple jurisdictions are involved. The owner must also be proactive in monitoring for potential infringements, which can be resource-intensive and time-consuming. Moreover, if a trademark is not actively used for a prolonged period, the protection rights may be revoked. It is also important to note that a trademark does not offer protection for a product that has been completely changed or copied without using a similar name or logo.

Moreover, trademarks only offer protection within the scope of the registered product and service classes, as well as products and services directly related to the registered classes. This means that if a business ventures into new areas without registering for corresponding product or service classes, the trademark will no longer protect those products or services.

Additionally, trademarks are only protected once they have been registered and granted a certificate of protection. If the trademark is altered or a variation is used without further registration, the protection rights may not apply to the new version of the trademark. Furthermore, the protection rights can be revoked if the trademark is not used for 5 consecutive years.

Similar to other intellectual property rights, the owner of an industrial design usually belongs to the creator of that industrial design. However, if the industrial design is created within the scope of a labor contract, rental contract, or service contract, depending on the agreement in the contract, ownership of the created industrial design usually belongs to employer, contractor, or service user.

Additionally, the ownership of an industrial design can be transferred or assigned to another party through a contract or other legal transactions. The owner of the industrial design holds exclusive rights to use, permit others to use, or transfer the design to another party throughout the protection period of the design.

By protecting the unique appearance of products, it provides businesses with economic advantages and legal security. The key reasons for its importance include:

• Attract consumers and promote product choice: Industrial designs are crucial for capturing consumer attention with their appealing appearance, helping products stand out in the market, boosting competitiveness, and encouraging higher consumption.
• Industrial design protection grants businesses the exclusive right to commercially exploit their designs, preventing unauthorized copying or use by third parties, helps protect the economic and creative interests of businesses. Being a business asset and potential source of income: Protected industrial designs become valuable assets for businesses, enhancing the market value of products and the company. These rights can also be sold or transferred, to generate additional income.
• Encourage creativity and investment: The protection of industrial designs motivates businesses to invest in innovative and unique designs. This not only provides returns through attractive products but also fosters a spirit of innovation, contributing to the overall growth of the business.
• In line with the trend of technological development: Industrial design protection is expanding beyond traditional physical products to encompass new technological fields such as graphical user interfaces (GUIs) and icons, aligning with the modern market’s increasing demand for digital and interactive designs.

Industrial design infringement refers to the unauthorized use of a protected design, which violates intellectual property laws and results in both financial and reputational harm to the owner of an industrial design. This involves actions such as replicating, producing, selling, or distributing products that bear a similar or duplicate design without the owner’s consent, specifically:

1. Complete copy: A product or part of a product infringes if its appearance is identical or almost identical to the protected industrial design, including all significant design elements. This is a case of complete design duplication.
2. Close copy: A product or part of a product is deemed an infringement if its appearance closely resembles the protected design, differing only in minor or difficult-to-identify details. This means that the product still has many similarities to the original design, making it easy for consumers to get confused.
3. Infringement within a product set: If an item within a product set closely resembles or is substantially similar to an item in a protected industrial design set, it is considered an infringement. This applies both to the entire set and to each individual item within the set.
4. Distinctive features: Distinctive elements like shape, lines, or color that differentiate one design from another are protected. If a product replicates or closely resembles these key features, it constitutes an infringement.

Both are intellectual properties, but have different objects, purposes and forms. In particular, Trademarks protect signs used to distinguish the products or services of an organization or individual from those of other organizations or individuals. A trademark can be a name, logo, slogan, image, symbol or a combination of these elements. Industrial designs protect the external appearance of a product or a part of a product, expressed through shapes, lines, colours, or a combination of the above elements. Specifically:

1. Purpose and role:

• Trademarks serve to identify and differentiate the products and services of one business from those of others. They play a key role in brand building and establishing the origin of a product, helping consumers recognize the source of goods or services.
• Industrial designs focus on attracting consumers by offering visually appealing and unique product designs. They help create market differentiation, enhancing a product’s attractiveness and contributing to the brand’s overall value.

2. Protection:

• Trademarks are granted intellectual property protection upon registration, giving the owner exclusive rights to use the trademark. This protection – generally lasts for 10 years and can be renewed indefinitely, as long as the trademark is in use and renewals are submitted on time.
• Industrial designs are protected upon registration, provided they meet criteria such as novelty, creativity, and industrial applicability. The protection for a registered industrial design is valid for a maximum of 5 years, with the possibility of renewing it up to two times.

3. Form:

• A trademark is not related to the shape of the product but only to the identifying elements such as the logo, name, or slogan.
• Industrial design focuses on the formal elements of the product, including colour, shape, and other aesthetic elements that consumers can notice when using the product.

In simple terms, an industrial design represents the shape or form of the product (like the cup), while a trademark represents the identifying mark or decoration on it (like the logo or drawing on the cup).

A logo is not an industrial design.

A logo typically serves the purpose of brand recognition, while an industrial design protects the external and aesthetic design elements of a product. By their very nature, a logo is usually protected as a trademark or copyright (if the conditions for protection are met).

However, if a logo is incorporated into the design of a product, the design may be considered part of the product’s design and may be considered for protection as an industrial design along with the design of that product.

You can explore industrial designs in the database of the National Office of Intellectual Property at http://wipopublish.ipvietnam.gov.vn.

For precise and comprehensive results, consider utilizing professional search services offered by intellectual property representatives, along with obtaining a legal assessment prior to registration.

To be registered, an industrial design must satisfy the following three basic conditions:

1. Novelty: The industrial design must be clearly different from industrial designs that have been publicly disclosed (in any form) domestically or internationally before the filing date. If there are only differences that are not easily recognizable or are not sufficient to distinguish the whole, the industrial design will not be considered new.
2. Inventiveness: The industrial design must be creative, that is, they cannot be easily created based on previously existing industrial designs by people with average knowledge of the related field. Inventiveness helps ensure that the design is not a simple copy or improvement of existing designs.
3. Susceptible to industrial application: The industrial design must be capable of being applied to the mass production of products, that is, the industrial design must be feasible to produce in large quantities through processes such as industrial or craft methods.

The following objects are not protected as industrial designs:

1. The external shape of a product required by the technical characteristics of the product;
2. The external shape of a civil or industrial construction work;
3. The shape of a product that is not visible during the use of the product.

In Vietnam, industrial designs are granted protection for a total of 15 years, which consists of an initial 5-year term that can be extended twice, each extension lasting an additional 5 years. To maintain validity, the owner must pay maintenance fees on time.

Once the protection period concludes, the design becomes public property, allowing anyone to use it without the permission of the original owner.

The owner of an industrial design is entitled to several important rights: (1) the exclusive right to use the protected design; (2) the authority to prevent any copying, imitation, or unauthorized use; (3) the capability to transfer or license the design to others; and (4) the right to seek damages when their rights are violated. These rights are crucial for the owner to maximize the economic benefits of the design and to defend their legitimate interests in the industry.

Patents are valid from the date of issuance for a period of 20 years from the date of filing. The protection must be maintained annually.

Patents for Utility Solutions are valid from the date of issuance for a period of 10 years from the date of filing. The protection must be maintained annually.

To maintain the validity of the protection certificate, within 06 months before the end of the validity period, the owner of the protection certificate must submit a request for maintenance of validity. The application for maintenance of validity can be submitted late but not later than 06 months from the date of expiration of the validity period. The owner of the protection certificate must pay an additional fee for late maintenance of validity.

To register a patent in Vietnam, you need to prepare a complete set of documents including a Patent Application Form, a detailed description, a patent protection request, a patent summary of no more than 150 words, and illustrative drawings or diagrams (if any). In particular, the patent protection requests must be clear and accurate, describing the scope of protection requested; in case the application includes foreign documents, those documents must be translated into Vietnamese.

In addition, you also need to prepare the prescribed fees and charges and additional documents such as a power of attorney, documents proving priority rights, or documents on genetic resources (if any).

The formal examination time will take about 1 month, while the publication time of the application can last from 19 months if there is no priority request, or 2 months if there is a request for early publication. The substantive examination for a patent application in Vietnam is typically conducted within approximately 18 months from the date of publication of the application or from the date the request for substantive examination is submitted, whichever occurs later.

Patent applications can be submitted directly to competent authorities or by post or online. When submitting online, a digital certificate or digital signature is required to complete the procedure.

State administrative fees and charges include:

• Application fee: 150,000 VND
• Formal examination fee: 180,000 VND/01 independent protection request point;
• Formal examination fee from page 7 of the description onwards: 8,000 VND/01 page;
• Application publication fee: 120,000 VND;
• Publication fee from image 2 onwards: 60,000 VND/image;
• Examination fee for requesting priority (if any): 600,000 VND/01 priority application;
• Information search fee to serve the examination process: 600,000 VND/01 independent protection request point;
• Content examination fee: 720,000 VND/01 independent protection request point;
• Content assessment fee from page 7 of the description onwards: 32,000 VND/01 page

Note:

• Administrative fees are subject to change from time to time. Please consult an expert to determine the exact fee at the time of submission.
• Patent or utility solution applications must be classified according to the international patent classification (IPC). If the applicant fails to classify the application or classifies it incorrectly, the Intellectual Property Office will assign the classification, and the applicant will be required to pay a classification fee of 100,000 VND per international patent classification.

Professional fees: In addition to the above fees, service fees and expert fees may apply if you choose to utilize the services of a patent registration service provider or opt for registering a patent through an industrial property representative service organization.

In Vietnam, patent applications must be submitted in the Vietnamese language. If any application documents are prepared in a different language, a notarized translation into Vietnamese is required. This language requirement extends to all pertinent documents, such as the patent description, claims, and additional supporting materials, ensuring clarity and uniformity throughout the examination process.

No, the patent cannot be extended for a longer period of protection, but can only be maintained for a fixed period of protection, specifically:

• Patent of Invention is valid from the date of issue for a period of 20 years from the date of filing/international filing date.
• Patent of Utility Solution is valid from the date of issue for a period of 10 years from the date of filing/international filing date.

To maintain the validity of the patent, within 06 months before the end of the validity period, the patent owner must submit a request for maintenance of validity. The application for maintenance of validity can be submitted late but not later than 06 months from the date of expiration of the validity period and the patent owner must pay an additional fee for late maintenance of validity.

Patent infringement can cause great economic loss and destroy the competitive advantage of the patent owner. When a patent is infringed, the patent owner can use the following measures to protect his rights:

Civil: the patent owner can request the Court to force the infringing party to perform the following acts: Stop the infringement, apologize and make public corrections, perform civil obligations, compensate for damages, and may force the destruction or distribution of goods that infringe the patent provided that it does not affect the ability to exploit the patent ownership. If there is damage, the owner can also request compensation for damages, including reasonable costs for hiring a lawyer. The court will apply legal provisions to determine the extent of damage and the level of compensation.

In addition, the patent owner can request the infringing party to cover reasonable legal fees if the defendant is found not to have infringed.

Administrative: patent owners can ask relevant state agencies, such as the Science and Technology Inspectorate, to enforce measures like imposing fines, confiscating infringing goods, or forcing the removal of infringing elements. The fines are based on the value of the infringing goods, with a maximum fine of up to VND 250 million for individuals and VND 500 million for organizations.

Criminal: in cases of serious patent infringement, the patent owner can request the initiation of criminal proceedings under Article 226 of the Penal Code, which addresses intellectual property violations. Offenders can face fines of up to VND2 billion, non-custodial reform, or imprisonment for 1 to 5 years, depending on the extent of the damage and the severity of the infringement. In cases of recidivism or particularly severe violations, the sentence can extend to up to 10 years in prison.

In addition to the above measures, patent owners can also proactively protect their rights through technological measures to prevent infringement, send requests for public apologies and corrections from the infringing party etc.

There are two main types of patent infringement:

• Infringement of the right to use a patent: This refers to using a patented invention without the owner’s consent, including activities such as manufacturing a product, applying a patented process, exploiting the use of the product or a product made using a protected process, circulating, advertising, offering for sale, storing, or importing the product without paying the required compensation as prescribed.
• Infringement of the temporary right to an invention: This refers to using an invention without compensating the owner in the case of a temporary right to an invention is considered infringement. The temporary right allows the owner of the invention to request the cessation of any infringing actions before an official patent protection certificate is granted by the competent authority. This right enables the inventor to protect their invention from unauthorized use during the patent application process, ensuring that they can enforce their rights even before formal patent protection is established.

To transfer a patent, the first step is to draft a written assignment contract between the assignor (the current patent owner) and the assignee (the party acquiring the patent). This contract will only become legally valid once it is registered with the Competent authorities.

The dossier includes an application for assignment according to the form, assignment contract, original patent, and written consent of co-owners if the patent ownership is jointly owned.

The dossier for transferring industrial property rights must be submitted to the Competent authorities for registration. The Department will examine the dossier within 2 months of the application date. If the dossier meets all the requirements, the Department will issue a Certificate of registration of patent ownership transfer contract. If the dossier is invalid, the Department will issue a decision to refuse registration.

The fee for examining the assignment dossier is 230,000 VND per Certificate of ownership of the patent. In addition, there is a fee for publishing the Decision on recording the transfer of industrial property rights of VND 120,000 per application and a fee for registering this Decision of VND 120,000 per Certificate. Once the transfer contract is registered at the Competent authorities. It will be legally valid for third parties.

To maintain the validity of a patent, the owner must submit a request for maintenance of validity every year, within 06 months before the end of the protection period.

The dossier includes an application for maintenance of validity according to the form, copies of payment documents, fees as prescribed, and other documents if necessary. The time for examining the dossier is 01 month from the date of application. After examination, the competent authority will issue a notice recording the maintenance of validity of the patent and publish it in the Intellectual Property gazette or may refuse to maintain validity if the dossier is invalid.

Regarding fees and charges, the owner must pay a maintenance fee, with the fee varying according to the years of protection (ranging from VND 300,000 to VND 4,200,000 per year). Late maintenance fees will be charged an additional 10% for each month of late payment, if the request for maintenance of validity is overdue. In addition, the fee for examination of the request for maintenance is VND 160,000 per protection certificate, and the fee for publication and registration of information to maintain validity is VND 120,000 per application.

In Vietnam, copyright is effective from the time the work is created and protected without registration. Depending on the type of copyright, the copyright protection period is different. Specifically:

1. Property rights and the right to publish the work or allow others to publish the work:

• Cinematographic works, photography, applied art works, anonymous works: The protection period for a work is 75 years from the date it is first published. If the work has not been published within 25 years from the date it was created, the protection period extends to 100 years from the date of its formation.
• Other works: The protection period is the lifetime of the author and 50 years after the author’s death. If there are co-authors, the protection period ends in the 50th year after the death of the last co-author.

2. Personal rights (except the right to publish the work or allow others to publish the work): Permanent, unlimited in time, and non-transferable. After the protection period in Section 1 expires, the work will become public property and can be used freely without permission from the author or the copyright owner. The rights in Section 2 are still recognized after this period.

Limitations of copyright according to the provisions of the Law on Intellectual Property of Vietnam include:

1. Cases where permission is not required but copyright fees must be paid:

• Broadcasting organizations using published works for broadcasting with sponsorship, advertising or collecting money must pay copyright fees.
• Organizations and individuals using published audio and video recordings for commercial purposes must pay copyright fees.

2. Conditions of use:

• Must not conflict with normal exploitation and must not cause unreasonable damage to the interests of the author/owner.
• Does not apply to cinematographic works.

3. Incentives for developing countries: The right to translate works and copy for teaching and research for non-commercial purposes is implemented according to the provisions of international treaties to which Vietnam is a member.

Cases that do not require permission or pay royalties but do not infringe copyright include:

• Copying a copy for scientific research, personal study, not for commercial purposes.
• Reasonable copying of a part of a work using a copying device for research, study.
• Using a work to illustrate in teaching, publications, performances, audio recordings, video recordings, broadcasts.
• Using in the public service of state agencies.
• Reasonable citations for commentary, introduction, illustration in works, newspapers, broadcasts, documentaries.
• Using in non-commercial library activities, including copying for storage and providing inter-library provision.
• Performing arts in non-commercial cultural activities.
• Taking photos, broadcasting works of fine arts and architecture in public places for introduction.
• Importing copies of works for personal, non-commercial use.
• Copying lectures, public speeches for the purpose of current information.
• Taking photos, recording, broadcasting current events using the work.
• Using the work to serve people with disabilities according to regulations.

Conditions of use:

• Not conflicting with normal exploitation and not causing unreasonable damage to the legitimate interests of the author/owner.
• Not applicable to copying architecture, fine arts, computer programs, collections of works.
• The name of the author and the source of the work must be clearly stated.

To check copyright status, you can access the public database of the Copyright Office under the Ministry of Culture, Sports and Tourism. This database includes pertinent information such as the author’s name, work title, registration number, and the date it was issued. You may contact the agency directly for further inquiries or use official websites that offer copyright lookup services in Vietnam:

http://cov.gov.vn/tra-cuu-nien-giam/?AspxAutoDetectCookieSupport=1.

However, it is important to note that copyright protection applies automatically, even if the work is not registered. Therefore, the above yearbook search mentioned is only for reference because the information system only records work that has been registered with the Copyright Office.

Subjects that are not protected by copyright under the Intellectual Property Law include:

1. Purely current news: short press information, news items, and factual data that are purely for reporting purposes, without any creative elements.
2. Administrative documents: Documents created by state agencies, political organizations, socio-political organizations, social organizations, and people’s armed forces units.
3. Processes, systems, methods of operation, concepts, principles, data:
   • Process: The sequence that must be followed to carry out work.
   • System: A collection of many interrelated elements, forming a unified entity.
   • Method: A way of researching and perceiving phenomena.
   • Concept: Thoughts reflecting things, phenomena and the relationships between them
   • Principle: A basic theorem governing phenomena, serving as the basis for other theories.

To register a copyright in Vietnam, you need to follow these steps and prepare documents according to the law.

1. Submitting documents: You can submit your copyright registration application directly or by post to the Copyright Office in Hanoi or the document receiving points in Ho Chi Minh City or Da Nang.In addition, you can also submit your application through the Ministry of Culture, Sports and Tourism’s Online Public Service Portal (https://dichvucong.bvhttdl.gov.vn). If you submit via the online portal, after confirming that your application has been successfully submitted, you need to send the original documents to the Copyright Office.
2. The dossier includes copyright registration form (according to the form), 02 copies of the work or 02 copies of the performance, audio recording, video recording, broadcast program, documents proving ownership of the work, such as personal identification, business registration certificate, creative contract, copyright transfer contract, or inheritance confirmation documents.
3. Time for processing dossiers:
   • The time for reviewing and classifying dossiers is 01 month from the date of receipt of the dossier.
   • The time for granting the Copyright Certificate is 15 working days from the date of valid dossier.
4. Fees: The fees for copyright registration in Vietnam vary depending on the type of dossier and the type of work being registered. The fee ranges from 100,000 VND to 600,000 VND per dossier, as regulated by the Ministry of Culture, Sports, and Tourism. The specific fee will be determined based on the nature of the work and the registration requirements.

The application form must be in Vietnamese and include full information about the applicant, author, copyright owner; completion time; summary of the work; name of author, copyright owner, work used as a derivative work if the registered work is a derivative work; time, place, form of publication; information about re-issuance, exchange (if any), and commitment to responsibility for the information stated in the application form. The application form must be signed or fingerprinted by the author or copyright owner, except in cases where there is no physical ability to sign or fingerprint.

A copyright assignment contract is a formal document that establishes an agreement between the copyright holder and the assignee. This contract grants the assignee the authority to utilize the property rights associated with the work, including the right to publish the work or permit others to do so. It is essential for this contract to explicitly outline the extent of the assignment, its duration, the value involved, and any relevant conditions.

It should be noted that the scope of copyright transfer is limited. Specifically, the author/owner of a work can only transfer the property rights and the right to publish the work or authorize others to publish the work. The author’s remaining moral rights cannot be transferred.

A derivative work is a creation based on one or more pre-existing works, involving the use of elements from the original work and developing them into a new, possibly modified work, changed or expressed in another form, including:

1. Works of translation mean works depicted in languages other than original languages of the works being translated.
2. A derived work is a work that imitates the contents of another work, possibly changes the genre or contains other changes in the same genre, including changing the composition of the original work to better fit different use conditions.
3. A compiled work is a work compiled from a part or the entirety of existing works in a certain topic and may include comments and reviews.
4. Annotated works are works created from clarifying the meaning and content of certain words, sentences or events, historical facts, and place names mentioned in the original work.
5. A selected work is a work selected from existing works of one or many authors according to a certain time or topic, including anthology works.
6. A modified work is a work that is re-compiled, re-written, re-arranged, or having its expression changed relative to the original work for a specific purpose or requirement.
7. An adapted work means a work that is adapted from one medium to another or one art style to another relative to the work based on which the adapted work is created.

In Vietnam, there is no separate copyright law. Copyright is regulated within the framework of the Law on Intellectual Property, promulgated in 2005, amended and supplemented in 2009, 2019 and 2022, and related implementing documents. The Law on Intellectual Property governs the rights and obligations of authors concerning their works, covering both property rights and personal rights related to literary, artistic, scientific works, and other creative products.

Provisions on copyright, related rights, and other copyright-related issues are dealt with in sections of this Law on Intellectual Property, but there is no separate law solely on copyright.