I.

INTRODUCTION:
1. Definition:
- According to the Intellectual Property Law of Vietnam, intellectual property is
defined as products created by human intellect and protected by law. Specifically,
intellectual property includes:
- Copyright and related rights: Protecting literary, artistic, scientific works, and
related rights to performances, recordings, and broadcasts.
- Industrial property rights: Protecting inventions, industrial designs, trademarks,
trade names, geographical indications, and layout designs of semiconductor
integrated circuits.
- Rights to plant varieties: Protecting new plant varieties created or discovered and
developed.
 These rights are detailed in the Intellectual Property Law of 2005, amended and
supplemented in 2019.
2. The Importance of Protecting Intellectual Property:

- Protects Creators' Rights: Ensures creators and inventors are safeguarded from
unauthorized use or copying.
- Encourages Innovation: Motivates continuous research and development by
protecting intellectual efforts.
- Competitive Advantage: Differentiates businesses from competitors, enhancing
brand value and customer attraction.
- Commercial Value: Generates new income streams through licensing, selling, or
transferring IP rights.
- Economic Growth: Promotes job creation, attracts investment, and boosts national
competitiveness.
- Consumer Protection: Ensures consumers receive quality and safe products,
avoiding counterfeit goods.

 Protecting intellectual property is crucial for individual and business rights, fostering
sustainable societal development.

II. PATENTS:
1. Definition and purpose:
- Definition: a patent is a type of protection certificate issued by a competent state
authority, serving as the sole certificate of the state recognizing the industrial property
rights of the entity granted the certificate—the inventor of the invention.
- Purpose:
+ Protection of Intellectual Property Rights: Patents safeguard inventors' rights and
prevent unauthorized use or copying.
 + Encouraging Innovation: Promote investment in innovation and ensure economic
benefits for inventors.
+ Technology Transfer and Commercialization: Facilitate technology
commercialization and enhance national competitiveness.
+ Protecting Public Interest: Balance inventors' rights with public interest by making
patent information accessible.
+ Supporting Economic and Social Development: Boost productivity, industry, and
tech sectors, while fostering international collaboration.

2. Registration process:

- Application Submission: Submit the application directly or by mail to the Intellectual

Property Office in Hanoi or its representative offices in Ho Chi Minh City and Da Nang.
- Formal Examination: The Office reviews the application for validity:

+ Valid: A decision to accept is issued.

+ Invalid: A notice of intent to refuse is issued with reasons and a two-month

deadline for corrections. Failure to address deficiencies leads to rejection.

- Application Publication: Valid applications are published in the Industrial Property

Gazette.
- Substantive Examination: Upon request, the application is examined for novelty,
inventive step, and industrial applicability to determine protection eligibility.
- Grant or Refusal:

+ Refusal: If protection requirements are not met.

+ Grant: If requirements are met and fees are paid, the patent is recorded and
published.

3. Rights and obligations: Under the 2005 Intellectual Property Law (amended 2009):

- A patent owner is an individual or organization granted the patent certificate, either as

the inventor or as a party funding the invention.
- Inventors (individual creators or co-creators) have:

o Personal Rights: Recognition in the Patent Certificate and related publications.

o Property Rights: Entitlement to remuneration.

- Patent Owners hold property rights, including:

o Using or authorizing the use of the patent for manufacturing, advertising, selling,
importing, or exploiting the invention.
o Prohibiting unauthorized use.
o Disposing of the patent.
4. Example of Patents:
- Edison's Light Bulb: Thomas Edison received a patent for the incandescent light bulb
in 1880, revolutionizing indoor lighting.

III. Trademarks:
1. Definition and purpose:
- Definition: A mark means any sign used to distinguish goods and/or services of
different organizations or individuals. (Article 4.16).

- Purpose:
o To ensure the protection of Intellectual property laws.
o To encourage innovation, support socio-economic progress and enhance
the well-being of society.
o To earn both domestic and international financial contributions for
creative endeavors
o To encourage investing in training personnel for IP protection and
scientific research applications.

2. Registration process:

3. Benefits and obligations:

- Benefits:
+ Exclusive
Rights:
Legal
ownership
and sole
usage
rights.
+ Brand

Protection: Prevents unauthorized use and protects reputation.

 + Legal Enforcement: Grounds for action against infringement.
+ Market Advantage: Builds trust and distinguishes your brand.
+ Business Value: Increases brand and asset value.
+ Global Expansion: Eases international registration.
+ Licensing Opportunities: Enables monetization through licensing.

- Obligations:
+ Proper Usage: Ensure consistent and accurate use of the trademark.
+ Renewal: Renew registration periodically to maintain protection.
+ Monitoring: Actively monitor for unauthorized use or infringement
+ Quality Control: Maintain product/service quality associated with the trademark.
+ Legal Compliance: Adhere to legal requirements in different jurisdictions.
+ Record Updates: Update ownership information for changes in business structure.
+ Non-Generic Use: Avoid the trademark becoming a common term for the product
category.

4. Examples:

IV. COPYRIGHTS:

1. Definition and purpose:

- Definition:

+ Copyright is the right of an organization or individual to a work they create or own.

+ Copyright is recognized for literary and artistic works, books, lectures, musical works,
theatrical works, cinematographic works, computer software, etc.
+ Copyright automatically forms from the moment a work is fixed in a certain material
form, regardless of whether the work is published or unpublished, registered or
unregistered.
- Purpose:
+ Protecting Authors' Rights: Ensures that authors and creators are recognized and
benefit from their work.
+ Preventing Unauthorized Copying: Prevents the use, copying, or distribution of
works without the author's permission.
+ Encouraging Creativity: Motivates individuals and organizations to invest in creating
and developing new works.
+ Promoting Economic and Social Development: Contributes to the growth of creative
and technological industries and fosters international cooperation.
+ Balancing Public Interest: Ensures that information and knowledge are widely
disseminated while protecting authors' rights.

2. Registration process:

- Determine the Type of Work: Identify the work to be copyrighted.

- Prepare Documents: Compile a copyright registration dossier based on regulations.
- Draft Application: Complete the application content as required.
- Submit Application: File the dossier with the Copyright Office.
- Appraisal and Certification: Within one month, the Copyright Office will issue the
certificate if the dossier is valid. In case of errors, the applicant must amend and resubmit
within the specified time. Failure to comply will result in the dossier being returned.

3. Rights and obligations:

- Economic Rights:
+ Reproduction: Control copying of the work.
+ Communication: Make the work accessible to the public.
+ Distribution: Regulate sales or distribution of the work.

- Moral Rights:
o Attribution: Right to be recognized as the author.
o Integrity: Protect the work from alteration.
Disclosure: Decide when to make the work public.
4. Examples: Song lyrics to “Let It Go” from "Frozen"

V. CONCLUSION:

Copyright Patents Trademark

What’s Protected? Original works of Inventions, such as Any word, phrase,
authorship, such as processes, symbol, and/or
 books, articles, machines, design that
songs, manufactures, identifies and
photographs, compositions of distinguishes the
sculptures, matter as well as source of the goods
choreography, improvements to of one party from
sound recordings, these. those of others.
motion pictures,
and other works.
A work must be An invention must A mark must be
original, creative, be new, useful, and distinctive (i.e.,
and fixed in a nonobvious. that is, it must be
Requirements to
tangible medium. capable of
be Protected
identifying the
source of a
particular good).
Author’s life plus 20 years. For as long as the
Term of
70 more years. mark is used in
Protection
commerce.
Right to control the Right to prevent Right to use the
reproduction, others from mark and to
making of making, selling, prevent others
derivative works, using, or importing from using similar
distribution, and the patented marks in a way that
Rights Granted
public performance invention. would cause a
and display of the likelihood-of-
copyrighted works. confusion about
the origin of the
goods or services.