Bases for establishment of industrial property rights in Vietnam

Hi DMS Law firm in Vietnam! Can you advise me about the grounds for establishment of industrial property rights ?

Hi!

Subject matters of industrial property rights

Subject matters of industrial property rights include inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications.

Industrial property rights

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

Bases for establishment of industrial property rights

Industrial property rights to an invention, industrial design, layout-design, mark shall be established on the basis of a decision of the competent state agency on the grant of a protection title according to the registration procedures stipulated in this Law or the recognition of international registration under treaties to which the Socialist Republic of Vietnam is a contracting party;

For a well-known mark, industrial property rights shall be established on the basis of use process, not subject to any registration procedures;

Industrial property rights to a geographical indication shall be established on the basis of a decision of the competent state agency on the grant of a protection title according to the registration procedures stipulated in this Law or the recognition of international registration under treaties to which the Socialist Republic of Vietnam is a contracting party;

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

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

Rights to repression of unfair competition shall be established on the basis of competition in business (Clause 2 Article 3, Clause 4 Article 4, Clause 3 Article 6 Law on Intellectual Property No. 07/VBHN-VPQH dated 25 June 2019).

Related topics:

Can foreigners register their works in Vietnam ?

Conditions for inventions to be patentable in Vietnam

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Bases for the creation of industrial property rights in Vietnam ?