What is "intellectual property"?

Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.

Intellectual property rights are the rights given to persons over these creations. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. IP is protected in law by patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

Infringements of intellectual property rights in Vietnam

Have a look at some of the most common forms of intellectual property protected bylegal provisions, along with their unique characteristics

Trademark

•           Applies to: Words, logos, slogans

•           Applicant: Business owners

•           Validity: Indefinite, but to be renewed every 10 years

•           Ownership without registration? Limited Rights for unregistered Trademark holders

Copyright

•           Applies to: Photographs, movies, music, software code

•           Applicant: Artists & creative professionals, primarily but anyone can apply

•           Validity: Lifetime of the author, plus 60 years

•           Ownership without registration? Yes, but with qualifications. Limited Rights.

Patent

•           Applies to: Inventions & ideas

•           Applicant: Inventors & designers

•           Validity: 20 years

•           Ownership without registration? No

Provisional Patent

•           Applies to: Inventions & ideas

•           Applicant: Inventors & designers

•           Validity: 1 Year

•           Ownership without registration? No

Other than these three* primary types, Trade Secrets are also a form of intellectual property. What are those? Trade secrets typically rely on private measures to be protected rather than state action. A trade secret is any information that helps make the operation and functioning of a business or any other enterprise smoother. The secret maybe a formula, process of manufacturing, list of customers or a pattern of machines. An intellectual work is not a trade secret if it is generally known within the industry, published in journals, books, etc.

Businesses and enterprises usually ask new employees to sign a contract to safeguard their trade secrets before letting them join. However, anon-disclosure clause may be added to the contract whereby the employee is not supposed to ‘disclose’, reveal or share any of the company’s trade secrets.

*Provisional patent serves as a preliminary to the permanent patent, and one must apply for a permanent patent grant within 12 months of applying for a provisional patent.

If you’re looking to read more about intellectual property then head to the Answers page on the website ANTLawyers.vn. Also, we have pre-vetted, experienced Intellectual Property Lawyers in Vietnam available to complete any IP work you need done for an affordable price. Good luck!