LAW ON INTELLECTUAL
PROPERTY RIGHTS
Vu Van Ngoc, PhD
[email protected]
If you dont see a problem with this
question, you need this class!
Learning objectives (1)
At the end of this module you should understand:
intellectual property law and the philosophy behind the
concept of protecting intellectual property
how to distinguish between the products that are protected
by copyright, patent, trade mark and design legislation
the definition of the term copyright and explain how the
law relating to it protects the physical expression of ideas
the definition of the term trade mark and the operation of
the Register of Trade Marks
Learning objectives (2)
the definition of the term patent and outline the
requirements for patentability
the remedies for breach of copyright, unauthorised
use of trade marks, designs, patent infringement,
passing off and breach of confidential information
intellectual...
Intellectual Property
Intellectual Property is a property that arises from
the human intellect. It is a product of human
creation. tr tu
Intellectual Property is the creation of the human
intellectual process and is therefore the product of
the human intellect or mind.
Intellectual property
Copyright
Industrial Property
a.Trademarks nhn hiu hng ha
b. Patent pht minh
c. Industrial designs
b mt, kn
d. Confidential information
e. Geographical Indications
Intellectual property
Intellectual property law deals with the legal rights that
relate to intangible property such as:
copyright
registered designs
trade marks
patents.
ng k
Intellectual property is not capable of being possessed
like other personal property.
May have significant commercial value.
Protected Intellectual Property
protected
Invention by a patent or as trade secret.
Utility models by a certificate or secret.
Industrial Design by a certificate.
Trade and Service Mark by a certificate.
Copyright by reducing to a fixed form.
IP as intangible property
IP as intangible
Tangible property
Land, houses, TV, car
Intangible property
-intellectual property
s giu c
Intangible wealth, easily appropriated and reproduced, once created the marginal cost of
reproduction is negligible
Intellectual property is becoming more important
because the value of many corporations (e.g.,
Microsoft) is based primarily on I.P.
The role of IP as intangible property
the role of
1. economic rights of creators
khai thc
2.commercial exploitation of owner of IP
3.capital expenditure chi ph vn
4.transfer of technology
5.cultural development
Why
IP
protection
is
given
why IP
s chng minh
cp
The philosophical justification for granting property
rights is grounded in two different theories about
property. cn c
l lun phn tch
One theory is based on the rationale that a
property right is a type of natural right that
should be granted to individuals for the products
m rng
that result from the labor expended in producing an
artistic work or a practical invention.
cng vic ngh thut
Why IP protection is given
The other theory is that property rights are social
contracts designed to encourage creators and
inventors to better serve society by bringing forth
their artistic works and practical inventions into the
marketplace.
Why IP protection is given
chi ph vn
Capital expenditure for new products
R and D
Marketing and advertisement
No free loaders
Maintaining loyal followers
Profit
Why Protect Intellectual Property?
why protect "IP"
1) Because one has expend a lot of investment into production of
new & innovative products & they have a right, at least for a
period of time, to:
* have their name associated with their product and/or their
authorship associated with it
u t
* get paid for their efforts & to recover their investment, &
phn i
* frustrate the efforts of free riders to make money off their
efforts & investment whilst not having any input.
kch thch
2) Protection stimulates creativity and innovation necessary for
productivity, competitiveness, and national economic development
IP as a property
IP as property
Can be sold
Can be bought
cho thu
Can be lease or rent
Can pass under a will tha k
Can be assigned nhng quyn
The Legal Framework for IP
the legal
chnh quyn
Three machinery of administration
- the IP office (the National Office of Intellectual
Property of Viet Nam)
- the external machinery (customs)
- the court ta n
International Convention for IP
international
hip c
Paris Convention for Protection of Industrial
Property 1967 ( 1989)
Berne Convention for the Protection of Literary and
Artistic Works 1971 ( 1990)
hnh dng, din mo
Trade-related aspects of Intellectual Property
Agreement 1994 ( 1995)
WCT ( digital agenda)
PCT 2004
Paris Convention...
Paris Convention for the Protection of Industrial
Property (Paris Convention)
Signed in Paris, France, on 20 March 1883, was one
of the first intellectual property treaties hip c
As of September 2013, the Convention has 175
contracting member countries
Protection for industrial property
Trade mark
Patent
Unfair competition
qun l
Governed by domestic legislation
php lut trong nc
Berne Convention for the Protection of Literary and
Artistic Works (Berne Convention)
Is an international agreement governing copyright,
which was first accepted in Berne, Switzerland, in
1886
Protection of literary and artistic work
Governed by national legislation
Wipo
Copyright
Treaty
Wipo Copyright
Digital agenda.
s nh la?
Technological measures such as circumvention of
technological measures.
TRIPS 1994
TRIPS 1994
Additional to Paris and Berne.
Minimum requirement.
Most favoured nation treatment.
thc thi, bt buc
Strong enforcement procedure.
Patent Cooperation Treaty
Patent Cooperation
Making it easier to make paten application
Designated country.
International phase to national phase.
Basic principle
Basic principle of international
conventions
b sung
Laying down the minimum requirement for the
national legislation.
members may but shall not be obliged to
rng
implement more extensive protection in their law
than is required by the agreement. (TRIPS 1(1))
The principle of national treatment
Each members shall accord to the nationals of
other Members treatment no less favourable than it
accord to its own national
Legal framework for IP in Vietnam
legal framework
Civil Code 2005
Law on Intellectual Property 2005
Law in intellectual ...
Law on Intellectual Property 2005
quy nh
bn quyn
This Law stipulates copyright, copyright-related
rights; industrial property rights; rights in plant
varieties and for the protection of these rights.
