VIETNAM Law and Practice Contributed by: Minh Duong, Phong Nguyen and Justin Gisz, Asia Counsel Vietnam Law Company Limited
• copyright and related rights, which are protected automatically upon creation, without requiring formal registration, although a registration option is available and recommended; • industrial property rights (IPRs), including patents, trade marks, industrial designs and utility mod - els, which require registration with the competent authority for protection; and • rights to plant varieties, which also require registra - tion for protection. General Registration Process for IPRs While copyright protection is automatic, establishing other IPRs usually involves a five-step process: • the submission of a registration application, provid - ing detailed information about the IP being pro - tected; • a formality examination, where the authority checks the application for completeness and compliance with formal requirements; • publication of the application, making it publicly available and allowing for potential opposition from third parties; • a substantive examination, where the authority assesses the application’s legal merit and compli - ance with relevant IP laws; and • the granting or refusing of protection – based on the examination, the authority issues a certificate of protection or rejects the application. Choosing the Right Category and Protection Conditions FDIs should carefully consider which IP category their asset belongs to, as the protection regime and limitations differ for each. In addition, understanding specific protection conditions and limitations for each IP type is crucial for the successful registration and effective enforcement of rights. 11.2 Intellectual Property Protections The IP Law outlines various measures to safeguard intellectual property rights, aligning with internation - al IP treaties like the Berne Convention and TRIPS Agreement. These measures can be broadly catego - rised as:
• self-protection, where owners can take proactive steps to prevent infringement, such as using trade marks and copyright notices; • civil remedies, whereby owners can file lawsuits seeking compensation for damages caused by infringement; • administrative sanctions – the relevant author - ity can impose warnings, fines, confiscation of infringing goods and even business suspension on infringers; and • criminal prosecution – in severe cases, criminal charges may be filed against deliberate infringers. Administrative sanctions are the most common form of dispute resolution for IP issues in Vietnam. How - ever, these can only be applied to registered intel - lectual property. Notably, certain subject matters are excluded from IP protection, including: • daily news, which is considered to be mere infor - mation rather than creative work; • legal documents, which are protected by other laws rather than copyright; • processes, systems and methods, which are not considered original inventions; • scientific discoveries and mathematical methods, which are not patentable; and • plant varieties, animal breeds and medical treat - ments, which are protected by dedicated laws. Furthermore, the IP Law allows for the compulsory licensing of inventions under specific circumstances, such as: • public needs – to ensure access to essential medi - cines, technology for national defence, etc; • anti-competitive practices – if the patent holder abuses their monopoly power; and • international obligations – to meet the needs of developing countries under trade agreements. Importantly, compulsory licences are granted on non- exclusive terms with royalty payments and must be confined to the permitted scope, period and territory. The IP Law does not explicitly address AI-generated works. The law emphasises intellectual labour origi - nating from humans. This currently excludes AI as
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