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IPR legislation in Vietnam is being constantly updated & refined. Therefore, foreign investors seeking to have IP rights registered in Vietnam should know what legal resources they have at their disposal if their IP rights are infringed.
Vietnam: Copyright Protection
To register copyrights in the Socialist Republic of Vietnam, foreign investors need to apply to the Culture, Sports & Tourism Ministry. Applicants can count on the protection of their copyrights for at least fifty years from the moment of illegal publication of any material (e.g. movies, software, photos, artworks, books, etc.,).
Registration of Patents in the Socialist Republic of Vietnam
Foreign investors seeking to register their patents in the country should keep in mind that a patent for an identical invention will be awarded to an applicant who applied first.
Getting an invention patent in the Socialist Republic of Vietnam is possible only if it meets the below criteria:
- is identified as an invention;
- is created for use in different industries.
The Socialist Republic of Vietnam: Protecting Industrial Designs
The term “industrial design” implies a 3D representation of products, including their colors, shapes & various combinations of shapes & colors. Protecting industrial designs in the Socialist Republic of Vietnam is possible only they meet the below criteria:
- is identified as an invention;
- is created for use in different industries.
IP protection of industrial designs can be provided for a 5-year period, following which it can be extended for two 5-year terms.
Registering TMs in the Socialist Republic of Vietnam
TM protection in the Socialist Republic of Vietnam involves protecting colors, symbols & other visual means of identifying services/products (including 3D objects).
A TM in Vietnam may not be registered if it:
- resembles a national flag;
- has descriptive features;.
- has the potential of misleading buyers;
- represents an emblem/symbol that’s identified as generic.
- looks like an already registered TM
Protection of TMs can be provided for a 10-year period, following which it can be extended for several 10-year terms.
Deceptive Business Practices
Registering IP rights in the Socialist Republic of Vietnam requires knowing how deceptive business practices are defined in Vietnamese legislation. According to the local laws, they involve:
- using TMs to create confusion about corporate entities or their services & goods;
- using TMs to create confusion about various characteristics of services & goods
- having rights to or registering domain names resembling already protected geographical names or TMs.
Vietnam: IPR Protection
There’s three ways in which IP rights may be exercised in in the Socialist Republic of Vietnam:
- stripping of licenses;
- issuing warnings & imposing fines;
- seizing & destroying counterfeit goods.
Resolving IP disputes in the Socialist Republic of Vietnam
There has been an increase in the number of IP disputes over the recent years. Normally, they’re settled through civil courts that issue injunctions & award damages.
Criminal Prosecution
Violating IP rights is punishable by fines or imprisonment. Reviewing a criminal case or processing an appeal normally takes twelve months. Criminal proceedings can be instigated by either government agencies or holders of IP rights.
Need more information on protection of IP rights in the Socialist Republic of Vietnam? Interested in obtaining an IPR license in Vietnam? Why not reach out to IncFine? Our legal advisors can handle all that & a lot more.
