In the process of development of global business, the growth of multinational corporations or business will help individuals and companies to bring their products to the world. In addition to bringing their products to customers, the protection of intellectual property rights for products created is extremely important and necessary. We would like to highlight important matters when registering for intellectual property rights protection in Vietnam.
First, in order to be
able to register for protection of intellectual property rights, the protected
product must meet all conditions to be protected under the provisions of the
Intellectual Property Law of Vietnam.
After meeting all of
conditions for protection of intellectual property rights, the owner should pay
attention to the procedures for registering intellectual property rights.
According to the Intellectual Property Law 2005, the time of intellectual property
rights to copyright is when products are created and expressed in a certain
material form without needing to register. However, industrial property rights
for inventions, industrial designs, layout designs, trademarks, geographical
indications are established on the basis of a decision to grant protection
titles by competent state agencies rights under the registration procedures
prescribed in the Intellectual Property Law or recognition of international
registration under the provisions of international treaties to which the
Socialist Republic of Vietnam is a member; for well-known trademarks, ownership
is established on the basis of use, regardless of the registration procedure.
Therefore, in order to be able to establish their intellectual property rights
for products created, the owner needs to register for product protection in
accordance with regulations, the order given by the Law on Intellectual
Property in Vietnam.
In addition to the
prescribed registration procedures, the owner should pay attention to the time
of filing the application for protection, and it is suggested to submit the
application as soon as possible. Under the provisions of the Intellectual
Property Law, in cases where many applications for inventions are identical or
similar, industrial designs are identical or not significantly different from
each other, the protection title shall be granted only for an invention or
industrial design on a valid application, the earliest priority date or filing
date shall be among the applications that meet the conditions for being granted
a protection title. In the case of multiple applications by different people
registering marks that are identical or confusingly similar to each other for
products or services that are identical or similar to each other or in the case
of multiple applications of the same those who register identical marks for
identical products or services, the protection title is only granted to the
trademark in the valid application with the earliest priority date or filing date
among the applications that meet the requirements sued to be granted a
protection title. In case there are many applications for registration as
stipulated above and all meet the conditions to be granted a protection title
and have the same priority date or the earliest filing date, the protection
title will only be granted to the subject of a single application of those
applications as agreed by all applicants; if no agreement is reached, the
corresponding objects of those applications are refused the protection
certificate.
Therefore, in order to
protect their intellectual property rights, the owner needs to meet all
conditions for the product, in addition to necessary procedures as prescribed
by law and promptly apply for a certificate of protection for the product. The
protection of products will help individuals and companies gain competitive
edge during their commercial operation, in addition to avoiding the risks of
being infringed upon intellectual property rights.
ANT Lawyers, a law firm in Vietnam with a team of experienced lawyers, IP consultants and IP agent in Vietnam in the field of Intellectual Property will help customers implement procedures fo
