To license an IP object in Vietnam, such object must be already protected in Vietnam, i.e. it has been granted patents or certificates of registration...
Continue readingIn general, "intellectual property assessment" is a term used to denote specialized services that provide expert opinions/expert witness on IPR related issues pertaining to IPR infringement, valuing IP rights and determining the value of damages caused by IPR infringement. In Vietnam, intellectual property assessment is typically carried out at the request of one or both parties to an IPR dispute or at the discretion of the Vietnamese IPR enforcement agencies in order to resolve alleged IPR infringements. A professional performing assessment is called a assessor (assessment expert), who has qualification in conformity with each area of assessment, has been trained,...
Continue reading As provided in Vietnam IP Law, subject to nature and severity of trademark infringement, those who commit acts of infringement of trademark rights of another entity or individual shall be tackled in line with (i) administrative route, (ii) civil route or (iii) criminal route. In the event of imports of counterfeit / infringing goods into Vietnam, the trademark owner should consider taking border control actions to track inbound shipments and seize counterfeit/infringing goods at Vietnam's border gates....
Continue readingVietnamese laws provide for the jurisdiction of the People's Court in resolving intellectual property disputes, including: copyright, related rights and industrial property rights, and technology transfer between individuals, organizations. The settlement of this type of dispute is based on the principles, orders and procedures prescribed in the Civil Procedure Code....
Continue readingCopyright infringement may be subject to administrative or criminal sanctions, depending on severity of the infringement. Further, the copyright owner may also take a court action to claim a compensation for damages caused by the copyright infringement. Below is a summary of sanctions/remedies under administrative, criminal or civil proceedings pertaining to copyright infringement in Vietnam....
Continue readingPer Article 102.3, Vietnam IP Law, the essential technical features of a claim are determined based on the following principles: [The scope of protection of an invention shall be expressed in the form of a combination of technical features which are necessary and sufficient to identify the scope of the rights to such invention and should be compatible with the description of invention and attached drawings]. ...
Continue readingThere have been 3 public organizations which provide expertise opinions/ IPR assessment conclusions (IPR analysis services) in Vietnam, namely, (i) Intellectual Property Office of Vietnam (“IP Vietnam”), (ii) Vietnam Intellectual Property Research Institute (“VIPRI”) and (iii) Expertise Center of Copyright, Related Rights (“ECCR”)....
Continue readingBoth an invention and a utility solution (also called “utility model” or “utility innovation” in some countries) are a technical solution per se which proves valuable in manufacture, business and life. Under the prevailing regulations of Vietnam, a utility solution is not recognised separately as an industrial property object but a special form of an invention...
Continue readingCopyright and copyright related rights are categories in intellectual property rights which is codified and recognized under Vietnam Intellectual Property Law 2005, revised in 2009 (“Vietnam IP Law”). Copyright related rights (related rights) are a special type of copyright and are separate from the author’s rights. Related rights are defined as rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes (Article 4.3, Vietnam IP Law). ...
Continue readingVietnam is currently a member of five international copyright conventions and treaties: the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention); the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva Convention); the Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels Convention); and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). In addition, Vietnam has signed bilateral agreements and memoranda for closer cooperation and strengthening...
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