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.
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.
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.
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