1/8/2022
Session 1: IP Ice-Breaking
TAO MINH HUNG
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About the instructor
TAO MINH HUNG
LL.B. at NEU and LL.M. at Munich Intellectual Property Law Center
Associate at Rouse Legal Vietnam
Personal Blog: ipealing.com | www.facebook.com/IPealing
© 2022. Minh Hung Tao. All rights reserved.
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Our class rules
From 9.30 AM to 12.00 PM (noon) every Saturday
Feel free to interrupt whenever you have questions. And please have
questions!
Try to read assigned materials before each session
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How IP relates to our life?
Have you ever…
• Written a book or an article?
• Composed or performed (before a large audience) a song?
• Run a small business having a name?
• Taken a photo of others?
• Designed a product?
• Copied a book to use for research/study purposes?
• Used a smartphone?
• Got vaccinated against COVID-19?
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IP things you’ve ever heard
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Significance of IP
INTANGIBLES AND TANGIBLES IN THE
VALUE OF S&P 500 (VISUAL CAPITALIST)
Tangibles Intangibles
17%
32%
68%
80% 84% 90%
83%
68%
32%
20% 16% 10%
1975 1985 1995 2005 2015 2020
Source: https://www.visualcapitalist.com/the-soaring-value-of-intangible-assets-in-the-sp-500
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U.S. CHAMBER 2021 INTERNATIONAL IP INDEX
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Source: https://www.theglobalipcenter.com/report/ipindex2021/
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IPDENTICAL: Imagine a world without creativity
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Career choices with IP
Lawyer/IP Agent
Specialized Judge/Arbitrator
Officials at National Office of Intellectual Property and Copyright Office of
Vietnam
IP Assessor (e.g. at Vietnam Intellectual Property Research Institute)
IP Strategy or Innovation Advisor/Manager
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Goals of the course
Understand basic IP species and differentiate them from each other
Expose to some contemporary IP issues
Understand IP protection measures
Understand basic transactions of IP
Understand the influence of international treaties over Vietnam’s IP Laws
Understand common tasks at IP firms
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Recommended readings
Course book “Phap Luat So Huu Tri Tue” (2019) Tran Van Nam & Nguyen Thi
Hong Hanh
WIPO Intellectual Property Handbook;
https://www.wipo.int/edocs/pubdocs/en/wipo_pub_489.pdf (ENG)
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Recommended readings (cont.)
Foreign legislation and case-law are valuable for reference:
• IP Law is increasingly harmonized on a global scale
• IP Law is relatively new in Vietnam
• Vietnam has too few court cases to clarify unclear issues
• It’s effective to learn relevant legal terms
Some “open access” sources: ipkat.com; Kluwer Copyright/Trademark/Patent blog;
ssrn.com; https://www.facebook.com/groups/842838236387468 (IP LOVERS
Facebook Group); IPealing.com.
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What is IP? INTELLECTUAL PROPERTY RIGHTS = IPRS
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IP as intangibles
Intellectual
Intangibles Matrix
Property
Intellectual Assets
Intellectual Capital
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IP definition
Patents and Utility Solutions Register
Industrial Designs Register
COPYRIGHT & RELATED RIGHTS Trademarks Register
Trade Names
IP INDUSTRIAL PROPERTY RIGHTS
Trade Secrets
PLANT VARIETY RIGHTS Geographical Indications (GIs) Register
Register Register
Layout-Designs of Integrated Circuits
Rights against Unfair Competition
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Features of IP: Why protecting IP particularly matters?
Easy to Copy
Costly to
Create Non-rivalrous
Non-excludable
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IP laws in Vietnam
Constitution
IP Law (to be largely amended in 2022)
Related Laws: Civil Code, Penal Code, Competition Law, Labor Law, IT
Law, Publishing Law, Cinema Law, Crop Production Law, etc.
Guiding Decrees and Circulars
International Treaties
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Before we go further: What should I do?
I run a small restaurant. I’ve just created a new recipe for an egg-based dish
and added it into my menu. It tastes so good. I’m afraid that other restaurants,
especially large-scaled ones, would copy that recipe.
I conceive a new way to play the standard 52-card deck. I want people to pay
me money when they play in that way.
I heard from a neighbor of a celeb that the celeb just had an argument with his
wife. I disclosed this information to kenh14.vn and received good money. The
neighbor forced me to share the money with him, calling me a “thief”.
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Justifications of IP
Natural right (John Locke)
Contract theory (Jean Jacques Rousseau)
Reward theory
Incentive theory (Jeremy Bentham)
Personal hood (Immanuel Kant & Friedrich Hegel)
See more: https://www.vananhle.net/?p=1039&fbclid=IwAR1iLpYlI7m8Or-
OE3AdUb54QFDGM8na8Wx5BQBlgfDpDtfX5CnGKllJ9rc
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Justifications of IP (cont.)
IP Proponents (Pro-IP) >< IP Critics (Anti-IP)
IP
Public Domain
See more at https://philarchive.org/archive/VONIPI; and
https://ipealing.com/2021/03/20/book-review-intellectual-property-is-
common-property-andreas-von-gunten-cuon-sach-tuyet-voi-de-nhap-
mon-anti-ip/
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Restrictions on exercise of IP
I hold a patent over a machine that could make fireworks easily at home. I
wish to market these machines.
Company X holds patents over Medicine Y – the only efficacious medicine for a
lethal disease that about 20k Vietnamese people get annually. X however
does not produce Medicine Y itself or permit others to produce Medicine Y, as X
believes that the market is not profitable.
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Key takeaways
IP exists everywhere and makes an increasingly greater
impact to our society.
Three pillars of IP Law in Vietnam: Copyright & Related
Right; Industrial Property; and PVRs
Many theories support the existence of IP, but no single
one may justify IP completely.
IP >< Public Domain
Exercise of IPRs are subject to certain restrictions.
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Preparatory readings for next session
Appellate Court Judgment “Than Dong Dat Viet” (highlighted text)
WIPO Handbook: 2.162 – 2.201
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