INDUSTRIAL PROPERTY RIGHTS
IP rights are an integral part of the IPR (Intellectual Property are the rights of organizations and individuals for intellectual property, including copyright and rights related to copyright and IPR industrial and plant variety rights). According to paragraph 4 of Article 4 of Vietnamese IP law stipulates that “ownership of industrial rights of organizations and individuals to inventions, industrial designs, layout designs of integrated circuit semiconductor, trademarks, trade names commercial, geographical indications, trade secrets which they created or owned and the protection against unfair competition”.
Accordingly, the object of protection of industrial property including property rights of individuals and legal entities with respect to inventions, industrial designs, layout designs of integrated circuit semiconductor, trademarks, trade names, trade secrets, geographical indications and protection against unfair competition.
Definition of industrial property rights
Objective sense, the right to industrial property is a legal regulations include overall legal adjustment of the relationship society arising during the possession, use and disposition of property objects industrial property is protected by the State.
Such an objective sense, the industrial property rights is gathering a group of legal to drive to regulate social relations in the industrial sector. Products due to intellectual work done in industrial fields such as patents, industrial designs, utility solutions, business secrets, etc… With this definition, ownership of industrial property rights for with intangible assets, on the other hand, industrial property rights also include the provisions of the international treaties to which Vietnam is a member. Divide an overview of the legal rights of intellectual property in the following groups:
– Group of the provisions relating to the determination of standards to produce a result is the subject of industrial property rights, the object types of industrial property are protected, the criteria for determining it;
– Group of the provisions relating to the competence, order and procedures for establishing innovative results are considered objects of industrial property protection;
– Group of the provisions related to content rights holders for the objects of industrial property (including the rights and obligations of owners, the results, and other subjects for property objects industrial is established);
– The rules relating to the transfer of industrial property objects;
– The rules relating to the protection of the rights of the holders of the dark industrial property objects.
May realize that industrial property rights belonging to the tune of many different law can create unified adjust the social relations concerning the industrial property objects.
Industrial property rights also be understood in terms of the legal relations with full convergence of factors subject, object, content. Industrial property rights can only be formed on the basis of the impact of the legal industrial property for the results of creative activity in the manufacturing sector, business and services. Thus, the subject of the rights of industrial property are all individuals, organizations as authors or owners of objects of industrial property or organizations or individuals the owner transferred ownership industry. Guests of ownership of industry is the result of creative activities of intellectual applied in production activities, trading as inventions, utility solutions, industrial designs, layout designs, trademarks, geographical indications, trade names, trade secrets.
The contents of industrial property rights is a combination of rights and obligations of the holders of industrial property law recognized and protected.
Subjective sense: Industrial property rights is a specific civil rights of subjects to objects of industrial property rights.
This is a specific power of the subject to the object of industrial property rights. Depending on the subject matter that this power change accordingly with the goal toward rational is to protect people who created the fruits of labor by labor or material investment.
Characteristics of industrial property rights
Industrial property rights have some basic characteristics follows: IPRs protected content, the object of protection on the basis of the level of protection of state agencies having jurisdiction.
- Protection of content: For copyright protected form of expression is the opposite of industrial property rights protection of the object content. Therefore all industrial property objects protected want to express the novelty of the object compared to the world. In itself intrinsic object protected with features like, the characteristics of that content is nothing new, nothing unique compared to other subjects.
- The subjects to be protected on the basis of the protection diploma of state agencies authorized: For copyright arises automatically on the base. However for industrial property rights shall arise on the basis of the registration and protection diploma. When conducting registration, after the period Intellectual Property Bureau for consideration in the order prescribed by law, no valid application, the object will be granted a protection title. The objects to be protected on the basis of the diploma must mention such inventions, utility solutions, industrial designs, layout designs of integrated circuits. Also some special object in terms of its nature should be able grounds arise, the establishment of industrial property rights is not based on registration.
- The limit of space and time: Just as in copyright protection are also limited in terms of space and time.
Limitation of space: the industrial property objects protected on the entire territory of the Socialist Republic of Vietnam. If these objects want to be protected in another country, it must be based on the registration with priority in favor of the day.
Limits on time: According to the provisions of the Law on intellectual property, the objects of industrial property, except for geographical indications, will only be protected exclusively for the owner of that object in a time certain. After this time, the object of industrial property is no longer the exclusive owner anymore. The limit on the time is appropriate for intellectual assets are assets that have value, very useful to humans so after a period of time to the owner may exploit the object of industrial property own you, what should be left to the social, community inherits the essence of this.
- The object of the industrial property rights:
Objects of industrial property rights are not provided for in the Civil Code in 1995 which is also prescribed in many other bylaws. Namely: inventions, utility solutions, industrial designs, trademarks, appellations of origin of goods is stipulated in the Civil Code in 1995: geographical indications, trade secrets, trade names are specified in Decree No. 54/2000/ND-CP of the Government dated 03-10-2000 on the protection of industrial property rights to business secrets, geographical indications, trade names and the protection against unfair competition relating to industrial property; layout design of semiconductor integrated circuits is stipulated in Decree No. 42/2003/ND-CP of the Government dated 02-05-2003 on the protection of industrial property rights for layout designs of integrated circuits guide. Currently, the objects of industrial property rights have been listed and recorded centrally in IP Law 2005. According to the provisions of Clause 2, Article 3 of the IP Law, objects of industrial property rights including patents , industrial designs, layout designs of semiconductor integrated circuits, trade secrets, trademarks, trade names and geographical indications. We can divide the subjects into two groups: Group objects creativity include: Patents, industrial designs, layout designs of semiconductor integrated circuits; Group objects commercial: Trademarks, trade names, geographical indications, trade secrets.
Protection of industrial property rights include the following contents:
– The enactment of the provisions of the law on industrial property rights;
– Grant of Protection of industrial property objects for different subjects when they meet the prescribed requirements (establishment of rights);
– By the method, various measures to protect the rights and interests of all legitimate qualification (protect).
Protection of industrial property rights is to defend the legislation, is to ensure the observance of the provisions of laws, ordinances and other legal documents in the field of industrial property. Active protection of industrial property to ensure that the contents of legal on industrial property are enforced strictly, in effect, protect the rights and legal interests of the state of society and the title holder.
 Hanoi University of Law, «Vietnam IP Law», Publisher People’s Public Security, Hanoi, 2012, p. 107.