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 forinventions 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 with a team of
experienced lawyers, IP consultants and IP agent in Vietnam in the field of
Intellectual Property will help customers implement procedures for registering
intellectual property rights in the most effective way
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