Basis of appearance, establishment of intellectual property rights

The Vietnam Intellectual Property Law No. 50/2005/QH11 stipulates copyright, copyright-related rights; industrial property rights; rights in plant varieties and for the protection of these rights.

This law applies to Vietnamese organizations and individuals, foreign organizations and individuals that satisfy the requirements stipulated in this Law and international treaties to which the Socialist Republic of Vietnam is party of.

IP Enforcement in Vietnam

1. Copyrights shall arise at the moment when a work is created and expressed in a certain material form regardless of its content, quality, form, mean, language, whether or not it has been published or registered.

2. Related rights shall arise at the moment when a performance, a phonogram, a broadcast program and a satellite signal carrying encrypted program is fixed without prejudice to copyrights.

3. Intellectual property rights shall be established as follows:

a) Industrial property rights in inventions, industrial designs, layout-designs, marks, geographical indications shall be established on the basis of the competent State authority’s decision on the grant of Protection Title in accordance with registration procedures stipulated in this Law or on the recognition of international registration under international treaties to which the Socialist Republic of Vietnam is party; in terms of for well-known marks, the ownership rights shall be established on the basis of use independently from registration procedures.

b) Industrial property rights to trade names shall be established on the basis of lawful use of the trade names.

c) Industrial property rights in business secrets shall be established on the basis of legal acquirement and secret keeping of the business secrets;

d) Right to repression of unfair competition shall be established on the basis of competition in business.

4. Rights to new plant varieties shall be established on the basis of the competent State authority’s decision on the grant of Plant Variety Protection Title in accordance with registration procedures stipulated in this Law.