Intellectual property rights and information you need to be aware of

How is the principle of exclusive use of intellectual property understood?

“The considered act is considered an infringement of intellectual property rights specified in Articles 28, 35, 126, 127, 129 and 188 of the Intellectual Property Law, when the following grounds are fully satisfied:

1. There is an infringing element in the subject being considered.
2. Subjects considered are subject to the protection of intellectual property rights.
3. The conduct under consideration took place in Vietnam.
4. The person performing the act to be considered is not an intellectual property right holder and is not a person authorized by law or by a competent authority according to the provisions of the Intellectual Property Law.

2. Depending on the nature and severity of infringement, intellectual property rights infringers may also be subject to one or more of the following additional sanctions:

• Confiscation of intellectual property counterfeit goods, raw materials, materials and means mainly used for the production or trading of such intellectual property counterfeit goods;
• Suspension for a definite period of time in the business activity in the domain in which the violation occurred.

3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, organizations and individuals that violate intellectual property rights shall be subject to one or more of the following remedial measures:

• Forcible destruction or distribution or putting into use for non-commercial purposes of intellectual property counterfeit goods, raw materials, materials and means mainly used for the production or trading of goods intellectual property counterfeiting provided that it does not affect the ability of the intellectual property right holder to exploit the rights;
• Forcible bringing out of the Vietnamese territory of transit goods infringing upon intellectual property rights or forcible re-export of intellectual property counterfeit goods, used means, raw materials or imported materials mainly for the production or trading of intellectual property counterfeit goods after the infringing elements have been removed.

Protection of intellectual property rights

The purpose of protecting intellectual property rights is to encourage and motivate advances in science, art and technology. Protection of intellectual property rights allows owners to exploit their intellectual property and prohibits any use, copying or imitation without the consent of the owner. Yes, there is no worthy reimbursement to them.

However, intellectual property legislation not only protects the interests of owners but also protects public interests. If the public interests that need to be protected are greater than those of the owner, the State will give priority to protecting the public interests. Consequently, intellectual property rights are always limited to a certain scope and term. In special cases, the State has the right to prohibit or limit the exercise of its rights by the owners or to force the owner to allow other organizations or individuals to use one or some of those rights.

The minimum term of protection of intellectual property rights is prescribed:

• Patent: 20 years
• Layout of integrated circuit: 10 years
• Cinema copyright: 50 years
• Copyright (for works other than paintings or movies): 50 years or lifetime plus 50 years
• Brand: 7 years
• Technology design: 10 years
• Copyright paintings: 25 years

To summarize the issue of "Intellectual property rights and information you need to pay attention to"

The above are all information that you need to note about intellectual property rights. The acts that are considered to infringe intellectual property rights and the sanctions are summarized above. Hope this article will give you the right answers.