Intellectual property rights and information you need to be aware of

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Intellectual property rights and information you need to be aware of

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

The principle of "exclusive use" of intellectual property rights is understood that only the owner of the right to use intellectual property rights must obtain permission from the owner if another owner wishes to use it. But the competent State authority may permit a party other than the owner to use that intellectual property without the consent of the owner.

This principle that helps to balance the interests of intellectual property owners and the interests of society is the provision on the use of works without permission, no payment of royalties and remuneration.

How is considered a violation of intellectual property rights

According to the provisions of the Vietnam Intellectual Property Law, the grounds for determining whether an act is considered an infringement of intellectual property rights are as follows:

“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.

Handling measures for infringement of intellectual property rights?

Article 5.A.3.2: Infringement of intellectual property rights is subject to criminal prosecution

Individuals who commit acts of infringement of intellectual property rights with criminal elements shall be examined for penal liability in accordance with the criminal law.

Article 5.A.3.3: Intellectual property counterfeit goods

  • Intellectual property counterfeit goods under this Part include goods with counterfeit trademarks and geographical indications (hereinafter referred to as counterfeit trademark goods).
  • Pirated goods are copies produced without the consent of the copyright holder or related right holder.
  • Counterfeit trademark goods are goods or packages of goods bearing a mark or signs that are identical or difficult to distinguish from a protected trademark or geographical indication, which is used for the same product without permission of the trademark owner or the entity that administers the geographical indication.
Article 5.A.3.4: Forms of administrative sanctions and remedial measures

1. Organizations and individuals that commit acts of infringement of intellectual property rights specified in Article 5.A.3.1 are obliged to terminate the infringing acts and subject to one of the following main sanctions:
  • Monetary fine.
  • Warning;

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.

Article 5.A.3.5: Measures to prevent and ensure administrative sanctions

1. In the following cases, organizations and individuals have the right to request competent agencies to apply measures to prevent and secure administrative sanctions specified in Clause 2 of this Article:
  • An infringement of intellectual property rights is likely to cause serious harm to consumers or to the society;
  • In order to ensure implementation of decisions on administrative sanctions.
  • The violation material evidences are in danger of dispersing or the violating individuals or organizations show signs of evading responsibility;
2. Measures to prevent and ensure administrative sanctions will be applied according to administrative procedures for acts of infringement of intellectual property rights include:
  • Detention of people;
  • Body search;
  • Temporary seizure of infringing goods, material evidences and means;
  • Other administrative preventive measures in accordance with the law on handling of administrative violations.
  • Search of means of transport and objects; search of places where goods, material evidence and means of intellectual property infringement are hidden;

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.

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