According to the Law on
Intellectual Property in Vietnam, the subject matter of industrial property
rights shall comprise inventions, industrial designs, designs of
semi-conducting closed circuits, trade secrets, marks, trade names and
geographical indications.
Rights to an invention,
industrial design, layout design, mark shall be established on the basis of a
decision of Intellectual Property Office of Vietnam to grant a protection title
in Vietnam or the recognition of international registration pursuant to an
international treaty of which Vietnam is a member. The remaining being: (i)
rights to trade name shall be established on the basis of lawful use thereof;
(ii) rights to a trade secret shall be established on the basis of lawful
acquirement of the trade secret and maintaining confidentiality thereof.
How are term and scope
of protection of the right to an arising object on the basis of granting of a
protection title?
Firstly, protection
titles shall be valid throughout the entire territory of Vietnam. This provision
means the validity of title is only territorial. It means titiles granted by
any country will only take effect within its territory and are not accepted in
other countries or other titles granted by Intellectual Property Office of
Vietnam will take effect throughout the entire territory of Vietnam.
Secondly, regarding each
industrial property object, validity of protection titles are different. Such
as validity of the invention patent is 20 years from the grant date but the
timeline to calculate until the end of 20 protection years is filing date.
Regarding utility solution patent, the validity shall be 10 years and the
calculation until the end of 10 years is same as calculation of invention
patent. It should be noted that validity of invention patent and utility
solution patent may not be extended. However, industrial design patent,
certificate of registered mark may be extended. In particular: (i) industrial
design patent shall be shall be valid from the grant date until the end of five
years after the filing date and may be extended consecutively with each time of
5 years. Therefore, industrial design patent may be extended up to 15 years;
(ii) certificate of registered mark shall be valid from the grant date until
the end of ten years after the filing date. However, this object has a special
feature that it is able to extend repeatedly and consecutively the validity
with each time of 10 years. Therefore, this object may be extended validity
forever.
Regarding certificate of
registered geographical indication, it shall have indefinite validity starting
from the grant date because of its characteristic of sign used to identify a
product as originating from a specific region, locality, territory or country.
Reputation of products bearing a geographical indication shall be determined by
graphical conditions, including natural factors (climatic, hydrological,
geological, topographical and ecological factors and other natural conditions);
Human factors (skills and expertise of producers, and traditional production
processes of localities…).
In addition, one of
objects having specific validity is certificate of registered design of
semi-conducting closed circuits. Certificate shall be valid from the grant date
until the earliest date among the following: (i) the end of ten years after the
filing date; (ii) the end of ten years after the date the layout design was
first commercially exploited anywhere in the world by a persons with the
registration right or his or her licensee; (iii) the end of fifteen years after
the date of creation of the layout design.
Having said that, when
the owner of industrial property object is granted protection title, it should
be noted at time of expiration of title to apply for the extension in
order to guarantee interests as well as benefits that industrial property
objects brings. The owner could contact IP department of ANT Lawyers and
patent, trademark and other IP attorney in Vietnam will be assisting the client
to review the matters and provide relevant advice.
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