SUMMARY OF IP SUBJECTS MATTERS/ BẢNG TỔNG KẾT CÁC ĐỐI TƯỢNG SHTT

Đối tượng/ Quyền tác giả/ Quyền liên quan/ Nhãn hiệu/ Chỉ dẫn địa lý/ Tên thương mại/ Sáng chế/ Patent Kiểu dáng CN / Bí mật kinh
Copyright Related Rights Trademark GI Trade Name Industrial doanh/ Trade
Design secret
Chức năng 🡺 Create mechanisms for creators to 🡺 Identify the 🡺 Protect the 🡺 Create
Functions control ownership and distribution of goods/services rights of means the competitive
expressive works and its origin inventors/owne outward advantages
🡺 Guarantee rs appearance of a
🡺 Promote progress unchanged product
quality 🡺 Provide embodied in
🡺 Protect literary, artistic and scientific 🡺 Advertise incentive for three
works goods/services R&D dimensional
🡺 Create an configuration,
image for lines, colours or
goods/services a combination
of such
elements.

Điều kiện bảo 🡺 Originality: 🡺 Originality: 🡺 Visible - The product 🡺 A trade name 🡺 Novelty: An industrial 🡺 Neither
hộ Protection Created directly Created directly 🡺 Distinctive bearing the GI is protected if it + not yet design is common
requirements through author's through (Art 72) originates is capable of publicly protected if the knowledge nor
intellectual labour performer's 🡺 Undeceivable distinguishing disclosed following easily
from the area,
and didn't copy intellectual labour 🡺No contrary to the business + disclosed by conditions are obtainable
and didn't copy the
locality,
the works of social ethics territory or entity bearing person not satisfied: 🡺Create
others works of others that trade name having the right 1. Newness; advantages for
country
corresponding from another to register 2. Be creative; its holders
🡺 Not cause
🡺 Fixation: created to such GI. business entity + disclosed by 3. Capable of 🡺 Owner
prejudice to the
and expressed in a in the same field person having industrial maintains its
copyright of
given form and area of the right to application secrecy by
original works - The product business (Art.76 register in (Art.63 - IPL) necessary
🡺 Not cause bearing the GI - IPL) scientific means
prejudice to the has a presentation, (Art.84 - IPL)
copyright in reputation, national or
original works (for quality or official (or
derivatives) characteristics official
mainly recognized)
attributable to international
geographical exhibition
conditions of
the area, 🡺 Inventive
locality, steps (Creative)
territory or
country 🡺 Industrial
corresponding application
to such GI. (Applicable to
(điều 79)
 industry)
(Art.58 - IPL)
Đối tượng 🡺 Literary, artistic 🡺 Live performance Product that technical 🡺Information
được bảo hộ and scientific has registered solutions (a obtained from
Subject works (Art 14 – 🡺 Phonograms or GI: collection of activities of
Matters IPL) video recordings -Agricultural information on financial or
(foreign works) products technical ways intellectual
🡺 Broadcasted -Nature and means to investment,
performance -Handicraft solve a which has not
-Food stuff determined yet been
technical disclosed and is
problem): able to be used
-products ( in business
objects,
substance,
biomaterials);
-processes
Đối tượng loại 🡺 Ideas Or 🡺 Contrary to social 🡺 Trademarks are • Designations, 🡺Names of state 🡺 scientific The following 🡺 personal
trừ/ Exclusion Concept, Facts Or ethics, harmful to used exclusively indications agencies, inventions, objects are not identification
Information national defense for nation, have become political theories protected in the secrets
and security international generic names organizations, 🡺 method of name of an 🡺 state
🡺 Official texts of a organisation or • GI of a foreign socio-political treatment and industrial management
legislative, agency. country where organizations, diagnosis design: secret
administrative 🡺 Deceivable signs it is not or socio-political- 🡺 computer 1. The 🡺 national
and legal nature, 🡺Contrary to no longer professional program appearance of defence and
and to official social ethics and protected or no organizations, 🡺 aesthetic the product is security secrets
translations of public order or longer used; social solutions required by the 🡺 other secrets
such texts which harm • GI is identical organizations, 🡺 animal breeds technical unrelated to
national defense with or socio- and plant seeds features of the business
🡺political and security confusingly professional 🡺 business product;
speeches and similar organizations method 2. Appearance
speeches to a protected 🡺other 🡺 rules and of a civil or an
delivered in the trademark, if unrelated implementation industrial
course of legal their use is subjects methods of construction
proceedings likely to cause Business brain activities works;
confusion as to operations are 🡺 contrary to 3. Appearance
🡺 Contrary to origin of the not protected in social ethics, of a product
social ethics, goods; the name of harmful to that is invisible
harmful to • GI misleads trade names. national defense during use of
national defense consumers as (Art.77 - IPL) and security the product.
and security to the true (Art.59 - IPL) (Art.64 - IP)L
(Art 15 – IPL) geographical
origin of goods
bearing such GI
(Art.80)
Quyền Tác giả 🡺 Moral rights: PERFORMER → 🡺 moral right: 🡺Personal rights
Rights of + Give titles to Authorship + attach name of the author of
author their works (Ownership) (not an invention,
+ Attach their real 🡺 Moral rights: transferable, industrial
names or +have the name improvements design or layout
pseudonyms to acknowledged can be made design include
their works +protect the without the following
+ Publish their integrity of the permission) and rights:
works imagery of the acknowledge a) To be named
+ Protect the performance the name when as the author in
integrity of their published or the invention,
works Economic rights: used utility solution
(Art.19 - IPL) +formulate a live Patent,
performance on 🡺 economic Industrial
🡺 Economic audio and visual right: material Design Patent
rights: (mainly fixation benefits and Layout
owners) +directly or Design
+ Make derivative indirectly 🡺 obtain Registration
+ Display their reproduce protection Certificate for
works to the +broadcast or to against semiconductor
public communicate to infringements integrated
+ Communicate the public (Art.122 - IPL) circuit;
their works to the +distribute to the b) To be named
public public an original as an author in
+ Reproduce performance and documents
works copies announcing or
+ (Art 29 - IPL) introducing
Distribute/import inventions,
original works or PRODUCERS OF industrial
copies AUDIO OR VISUAL designs or
+ Lease original FIXATION layout designs.
cinematographic +directly or 
works or indirectly copy 
computer +distribute to the 
programs or public their 🡺 Property
copies original audio and rights of the
(Art.20 - IPL) visual fixation and author of an
copies invention,
(Art 30 - IPL) industrial
design or layout
BROADCASTING design are the
ORGANIZATIONS right to receive
+broadcast or re- remuneration
broadcast their according to the
broadcasts provisions of
+distribute their Article 135 of
broadcasts to the this Law: The
minimum
public remuneration
+formulate [into a that the owner
fixed form] their must pay to the
broadcasts author is
+reproduce specified as
formulated follows:
broadcasts a) 10% of the
(Art 31 - IPL) profits earned
by the owner
from the use of
the invention,
industrial
design or layout
design;
b) 15% of the
total amount
received by the
owner for each
payment due to
the transfer of
the right to use
an invention,
industrial
design or layout
design.
3. In the case of
an invention,
industrial
design or layout
design created
by more than
one author, the
remuneration
rate specified in
Clause 2 of this
Article shall be
applicable to all
co-authors; the
co-authors
agree on the
distribution of
the
remuneration
paid by the
owner.
4. The
obligation to
 pay
remuneration to
the author of an
invention,
industrial
design or layout
design shall
exist
throughout the
term of
protection of an
invention,
industrial
design or layout
design.

CSH quyền 🡺 Owner = Author The right to use The GI owner is 🡺Use or 🡺 use in producti 🡺Using or 🡺 use or
Right of → Same rights the trademark. the State: authorize others on and business permitting authorize others
owner 🡺The right to 🡺 attach the GI to use for a profit others to use the to use trade
🡺 Owner = Co- prevent others to the product tradenames (Art.124) industrial secrets
author → Same from using IPR 🡺 circulate, property object 🡺 apply trade
rights (not cause offer, advertise, 🡺Prevent others 🡺 permit others 🡺To prevent secrets to
prejudice to other store for sales from using trade to use patented others from production of
co-authors' rights) the products names products, using the goods, provision
that have processes or industrial of services or
🡺 Owner = registered GI 🡺 Dispose of methods property object trade
Inheritant/Transf 🡺 Import the tradename (license) 🡺To dispose of (Art.124.4)
erer of the works products (Art.141) an industrial 🡺sell, advertise
→ Publish their bearing GI 🡺determine property object for sale, stock
works protection the ownership for sale or
(Art 19.3 - IPL) (Art.124) of patented import products
products, with the
🡪 Economic rights (producers, processes and application of a
(Art.20 - IPL) collective methods trade secret
organizations (assignment) (Art.124.4)
can register (Art.138) 🡺prevent others
and manage) 🡺 exclude others from using trade
(nhg khô ng trở from using secrets
thà nh owner) patented
inventions
→ Use and
prevent 🡺 provisional
right (Art.131)
Giới hạn 🡺 For non- (Art 32.1 - IPL) -Using trademark 🡺 Use without 🡺 Publicise or
quyền (ngoại commercial of their personal permission but use trade
lệ ) Exceptions purposes: 🡺 Personal needs or for non- pay secrets not
 scientific research, scientific research commercial remuneration knowing/ not
teaching purposes purposes.. +non- obliged to know
purposes, -Circulating, commercial it is obtained
reasonable 🡺 Teaching importing, purposes illegally
quoting or purposes exploiting utilities + maintain 🡺 Publicise to
lecturing of products which activities of protect the
purposes without 🡺 Reasonable were lawfully put foreigners’ public
misrepresenting quoting from a on the market means of 🡺 For non-
the author's views work in order to including overseas transport in commercial
provide markets, except for transit purposes
🡺 Transcribing a information products put on + prior user 🡺 Publicise or
work into braille the overseas rights use trade
or into characters 🡺 Making of markets not by the + compulsory secrets created
of other languages provisional copies mark owners or licensing independently
for the blind of a work by a their licensees; (Art.125.2) or from analysis
broadcasting -Using honestly the 🡺 Prior user of legally
🡺 For cultural organization for person's name, or a rights: use distributed
festivals in broadcasting sign describing without paying products
families or purposes when characteristics as royalties, cannot without other
cultural festivals such organization to type, quantity, transfer or agreements with
without fee has the quality, intended expand scope of owners or
collection in any broadcasting right. purposes, value, using (Art.134) sellers
forms geographical 🡺 Compulsory (Art.125.3)
origin and other licensing: non-
🡺Importing copies characteristics of exclusive,
of another's work goods, services limited scope,
for personal use. -Nguyên tắ c lã nh cannot transfer
(Art 25.1 - IPL) thổ and pay
royalties
Thời hạn bảo 🡺 Moral rights 🡺 Performer: fifty 🡺10 years, many Indefinite until 🡺 Be protected 20 years from Industrial Up to when
hộ / Duration (except for (50) years renewable times quality, while the owner application date design Patents protectable
publish): timeless calculated from the (Art 93) characteristics remains in shall be valid conditions are
(Art 27.1 - IPL) year following the 🡺 When the remain business under from the date of fulfilled
year of formulation trademark has not that trade name. issue and extend
🡺 The whole life of [into a fixed form] been used for a (Decree No. to the end of five
the author + 50 of a performance. consecutive period 54/2000 / ND- years from the
years after his (Art 34.1 - IPL) of 5years and over, CP dated filing date,
death or the death the validity of the October 3, 2000 renewable for
🡺 Producers of ownership right of
of the last co- of the two consecutive
audio and visual the trademark
author fixation: fifty (50) Government on times for five
shall be terminated the protection of years.
years calculated in accordance with
from the year industrial (Art.4/93 - IPL)
Article 95 of this
following the year property rights)
Law, except in the
of publication or case where the use
formulation of any is commenced or
unpublished audio resumed at least 3
and visual fixation
 (Art 34.2 - IPL) months prior to the
date of the request
🡺 Broadcasting for termination
organizations: fifty ( Art 136.2)
(50) years
calculated from the
year following the
year of the making
of a broadcast.
(Art 34.3 - IPL)

Hành vi xâm (Art 28 - IPL 🡺 Infringement of 🡺An infringing 1.For products All acts of using 🡺 enter a The following 🡺 Access or
phạm / Act of 🡺 Infringement of moral rights: element is a sign which do not commercial prohibited space acts shall be collect
infringement moral rights: +Appropriating affixed on goods, satisfy the indications defined by one considered as information of
Impersonating an the rights (chiếm their packages, criteria of identical or of the claims in a infringements trade secrets by
author đoạ t quyền) means of services, peculiar similar to the patent of the rights of against security
Publishing or + Impersonating transaction characteristics trade names of owners of measures of
distributing a +Publishing, documents, and quality of other persons industrial owners
work without producing and signboards, means products who have been designs 🡺 Leak or use
permission from distributing of advertising or bearing GI, used before for 1. Use of a without
the author/co- without other means of although such the same protected permission
author, Modifying, permission business that is products products or industrial 🡺 Breaching
editing or + Modifying, identical or originate from services or for design that is contracts,
distorting a work editing or confusingly similar geographical similar products not significantly deceive, entice…
distorting to the protected areas bearing or services, different from those who are
🡺Infringement of mark:
such GI; causing that design the responsible for
a) Have the same
economic rights: 🡺Infringement of 2. For products confusion about arrangement security to
composition and
- Copying a work economic rights: similar to the owner. during the term obtain trade
method of
without +Copying or presentation products Business of validity of the secrets
permission, - reciting without (including the bearing GI for entities, protection title 🡺 Access or
Making a permission colors); have the purpose of business without collect by
derivative work +Deliberately several features taking establishments, permission of against security
without deleting or identical or similar advantage of or conducting the owner; measures of
permission, - modifying to those of the their reputation business 2. Using authorities
Using a work electronic protected mark (to and popularity; activities under industrial 🡺 Leak or use
without information such an extent that 3. Using any that trade name design without trade secret
permission or + Deliberately it is not easy to sign identical are all regarded paying despite knowing
paying royalties, destroying or distinguish them in with, or similar as infringements compensation it is obtained by
remuneration, deactivating the terms of to, a protected of the rights to in accordance another
- Leasing out a technical solutions composition, the GI for products trade names. with the 🡺 Not secure
work without + Publishing, way of not originating (Art.2/129 - provisions on experimental
paying royalties, distributing or pronunciation, the from IPL) provisional data
remuneration, importing for way of phonetic geographical rights specified
- Duplicating, public transcription of areas bearing in Article 131 of
signs, letters,
producing copies such GI, and this Law.
meaning, the
of, distributing, (anti self- therefore (Art.126 - IPL)
method of
 displaying or protection) presentation and misleading
communicating a colors, thereby consumers into
work to the causing confusion to believing such
public, - consumers in products
Publishing a work selecting goods or originate from
without services bearing the such
permission mark geographical
b) Bear the areas;
suspected sign that
🡺 Deliberately 4. Use GI for
is identical or
destroying or champagne,
similar in substance
deactivating the to, have a strong wine not
technical relationship in originated from
solutions or terms of functions the geo areas
Deliberately and utility with, and bearing GI,
deleting or have the same even the case of
modifying distribution channel translation or
electronic with, the protected transliteration
information in a goods or services or attaching
work. (Art.11 ) real origins
(Art.129.3)
- The person
performing
considered acts is
not IPR holders
and allowed by the
law or competent
authorities

- Considered acts
occurred in VN.

Art 129
Chuyển Authors shall be 🡺 A work, Able Unable Able: Able Able Able
nhượng quyền permitted to performance, -The assignment Rights to a trade Có thể dky
Assignment assign the right of audio and visual must not cause name may only Chuyển nhượ ng
publication. fixation or confusion about be transferred cho bên B, sau
(chỉ chuyển giao broadcast is under characteristics, together with khi chuyển thì
economic rights & joint ownership, origin, services of the assignment bên A chấ m dứ t
publication) the assignment the products of all business mọ i quyền
thereof must be bearing the establishments
agreed upon by all trademark and business
co-owners. -Trademark can activities under
only be assigned to that trade name.
🡺 In case of organisations or - Article 139.3 -
composed of individuals who Vietnam IP Law
separate parts meet the
detachable for requirements of
 independent use → the IPR (Art 139)
may assign in their
separate parts to
other organizations
or individuals
(Art 45.3 - IPL)
Chuyển quyền Authors shall not Performers shall Able Unable (Article Unable Able Able Able
sử dụng / be permitted to not be permitted -Collective 1/142 - The right to use
Licence assign the moral to assign the moral
trademark can not VIetnam IP trade names is
rights stipulated rights stipulated in
be licensed to Law) not licensed.
in article 19 of this article 29.2 of IPL.
organisations or (Art.1/142 -
Law, except for (Art 45.2 - IPL) individuals that do IPL)
the right of giố ng copyright not belong to the
publication. groups of owners
(Art 45.2 - IPL) of the trademark
giố ng bên trên (Art 142)
-The licensees have
the obligation to
mark on the
products the
indications stating
that the products
are produced
according to
trademark license
agreement
(Art 139)
Xác lập quyền Automatically established when created Certificate of Certificate of GI Application to Protection title
Establishmen Application to Copyright office of trademark application get a patent means a
t of right Vietnam → Certificate document
issued by a
competent state
agency to an
organization or
individual in
order to
establish
industrial
property rights
to an industrial
design
(Art.25/4 - IPL)