Under the Law on Intellectual Property of Vietnam (the IP Law), intellectual property rights mean the rights of organizations and individuals to intellectual assets, including copyright and copyright-related the rights, industrial properly rights and rights to plant varieties. Meanwhile, industrial property rights mean the rights of organizations and individuals to inventions,
Just like other types of intellectual property, industrial designs are only valid Vietnam in which the owner has obtained a registration. Article 6.3(a) of the IP Law of Vietnam concerning “grounds for the generation and establishment of intellectual property rights” provides that: [ Industrial property rights shall be established as follows:
An industrial design registration may be one of the most valuable asset for business owners. The success of a product is usually influenced by its appearance; in an aesthetic-driven consumer base, the looks of a fashionable product looks can often be equally or more important than its functionality. A product
The joint ownership of intellectual property in general and of invention in particular in Vietnam or other country can arise in two different ways: (i) An agreement may provide that patent will be owned jointly by the parties, regardless of whether they were joint authors, joint inventors or joint creators
Author of inventions, rights and obligations thereof in Vietnam. The author of an invention means the person who has personally created such invention. Where two or more persons have jointly created an invention, they shall be co-authors of it. The author of an invention is entitled to moral rights (i.e.
Patent opposition in Vietnam can be done, either before the patent is granted, by filing pre-grant opposition under Vietnam IP Law, or after the grant of the patent by filing a post-grant opposition which serves as a patent invalidation proceeding of Vietnam IP Law. The grounds for both pre-grant and
Deadline for request for substantive examination is 42 months for inventions and 36 months for utility solutions from priority date. Cost for request for substantive examination is charged for each independent claim and depends on the number of pages of patent specification Timeline: Formality examination of patent applications in Vietnam:
The following are required to be submitted to the Vietnam Patent Office: Request for patent for invention made in the prescribed form; Specification of the invention, including description and claims; Abstract of the invention; Document attesting the entitlement to file an application if the applicant has been assigned that right
Right to register inventions in Vietnam According to Vietnam IP Law, the following organizations and individuals shall have the right to register inventions: (a) Authors who have created inventions, industrial designs or layout designs by their own labour and at their own expense; (b) Organizations or individuals who have supplied
Eligibility for patent protection in Vietnam An invention shall be eligible for protection in the form of the grant of an invention patent in Vietnam when it satisfies 03 (three) conditions: (a) It is novel; (b) It is of an inventive nature; (c) It is susceptible of industrial application. (i)
A patent is a right granted to the owner of an invention to prevent others from making, using, importing or selling the invention without the owner’s permission. A patent may be obtained for a product or a process that gives a new technical solution to a problem or a new method of
The following documents are required for a trademark application to be filed with the IP Office of Vietnam: (i) An application for trademark registration. (ii) Documents, samples, information identifying the trademark claimed for protection in a trademark application. (iii) Document attesting the entitlement to file an application if the applicant
