The Law on Intellectual Property was originally enacted in 2005 and subsequently amended and supplemented in 2009 and 2019
|OFFICE of the National Assembly
|SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
|Hanoi, June 25, 2019
THE LAW ON INTELLECTUAL PROPERTY
Law on Intellectual Property No. 50/2005/QH11, dated November 29, 2005 of the National Assembly, became effective on July 1, 2006, and was amended and supplemented by:
1-Law No. 36/2009/QH12, dated June 19, 2009 of the National Assembly, amending and supplementing a number of articles of the Law on Intellectual Property, effective from January 1, 2010; and
2-Law No. 42/2019/QH14, dated June 14, 2019 of the National Assembly, amending and supplementing a number of articles of the Law on Insurance Business and the Law on Intellectual Property, effective from November 1, 2019.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, as amended and supplemented according to Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, 10th session, this law regulates intellectual property.
Article 1. Scope
This Law provides for copyright, copyright-related rights, industrial property rights, rights to plant varieties and the protection of such rights.
Article 2. Subjects of application
This Law applies to Vietnamese organizations and individuals; foreign organizations and individuals that satisfy the conditions specified in this Law and international treaties to which the Socialist Republic of Vietnam is a signatory.
Article 3. Objects of intellectual property rights
1.Subjects of copyright include literary, artistic and scientific works; Copyright-related rights objects include performances, sound recordings, video recordings, broadcasts, encrypted program-carrying satellite signals.
2.Objects of industrial property rights include inventions, industrial designs, semiconductor integrated circuit layout designs, business secrets, trademarks, trade names and geographical indications.
3.Objects of rights to plant varieties are propagation and harvesting materials.
Article 4. Interpretation of terms
In this Law, the following terms are construed as follows:
- Intellectual property rights mean the rights of organizations and individuals to intellectual property, including copyright and rights related to copyright, industrial property rights and rights to plant varieties.
- Copyright means the right of an organization or individual to a work they create or own.
- Copyright-related rights (hereinafter referred to as related rights) are the rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, and satellite signals carrying programs. encrypted program.
- Industrial property rights are the rights of organizations and individuals to inventions, industrial designs, layout designs of semiconductor integrated circuits, trademarks, trade names, geographical indications, and business secrets. businesses created or owned by themselves and the right to combat unfair competition.
- Plant variety rights mean the rights of organizations and individuals to new plant varieties that they choose to create, discover and develop, or enjoy ownership rights.
- Intellectual property right holder means an owner of an intellectual property right or an organization or individual whose intellectual property rights have been transferred by the owner.
- A work is a creative product in the fields of literature, art and science expressed in any medium or form.
- Derivative work means a work translated from one language into another, a work adapted, adapted, adapted, compiled, annotated or selected.
- Published works, phonograms and video recordings are works, phonograms and video recordings that have been released with the consent of the copyright or related rights holders for dissemination to the public. the public with a reasonable number of copies.
- Reproduction means the making of one or more copies of a work or phonogram or video recording by any means or form, including making copies in electronic form.
- Broadcast means the transmission of sounds or images or both sounds and images of works, performances, phonograms, video recordings or broadcasts to the public by wireless or wired means, including satellite transmissions accessible to the public at a place and time of their own choosing.
- An invention is a technical solution in the form of a product or process that solves a specified problem by applying natural laws.
- Industrial design is the external appearance of a product represented by shapes, lines, colors or a combination of these elements.
- Semiconductor integrated circuit is a finished or semi-finished product in which elements with at least one active element and some or all interconnections are incorporated within or above wafers of semiconductor material to perform electronic functions. Integrated circuits are synonymous with ICs, chips and microelectronic circuits.
- Layout design of semiconductor integrated circuits (hereinafter referred to as layout design) is the spatial structure of circuit elements and the interconnection of those elements in a semiconductor integrated circuit.
- A trademark is a sign used to distinguish goods and services of different organizations and individuals.
- Collective mark is a mark used to distinguish goods and services of members of the organization that is the owner of the mark from those of organizations or individuals that are not members of the organization. that organization.
- Certification mark means a mark that the owner of the mark allows another organization or individual to use on the goods and services of that organization or individual to certify the origin and raw materials characteristics. , materials, the way in which the goods are manufactured, the manner in which the service is provided, the quality, accuracy, safety or other characteristics of the goods or services bearing the mark.
- Affiliate marks are trademarks registered by the same subject, identical or similar, used for products or services of the same or similar type or related to each other.
- Well-known trademark is a mark widely known by consumers throughout the territory of Vietnam.
- Trade name is the name of an organization or individual used in business activities to distinguish a business entity bearing that name from other business entities in the same business field and area.
The business area specified in this Clause is the geographical area where the business entity has clients, customers or has a reputation.
- A geographical indication is a sign that refers to a product originating in a particular region, locality, territory or country.
- Business secret is information obtained from financial and intellectual investment activities, which has not been disclosed and can be used in business.
- Plant variety means a population of plants belonging to the same lowest botanical taxonomy, morphologically homogenous, stable over propagation cycles, identifiable by the expression of phenotype-induced traits. gene or combination of genotypes regulated and distinguished from any other plant population by the expression of at least one heritable trait.
- Protection title means a document granted by a competent state agency to an organization or individual in order to establish industrial property rights to an invention, industrial design, layout design, trademark, geographical indication; rights to plant varieties.
- Propagation material means a plant or part of a plant capable of developing into a new plant for propagation or for sowing.
- Harvest material means a plant or part of a plant obtained from the cultivation of propagating material.
Article 5. Application of the law
- In case there are civil issues related to intellectual property not specified in this Law, the provisions of the Civil Code shall apply.
- In case there are differences between the provisions on intellectual property of this Law and those of other laws, the provisions of this Law shall prevail.
- In case an international treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such international treaty shall apply.
Article 6. Grounds for the Arising and Establishment of Intellectual Property Rights
1. Copyright arises from the time a work is created and expressed in a certain material form, regardless of its content, quality, form, medium, language, or whether it is published or unpublished, registered or unregistered.
2.Related rights arise from the time when an encrypted performance, phonogram, video recording, broadcast, or program-carrying satellite signal is fixed or performed without prejudice to copyright.
3.Industrial property rights are established as follows:
a) Industrial property rights to inventions, industrial designs, layout designs, and trademarks shall be established on the basis of decisions on the grant of protection titles issued by competent state agencies in accordance with legal registration procedures prescribed in this Law, or recognition of international registration under international treaties to which the Socialist Republic of Vietnam is a signatory.
Industrial property rights to well-known marks are established on the basis of use, regardless of registration procedures.
Industrial property rights to geographical indications shall be established on the basis of decisions on the grant of protection titles by competent state agencies according to registration procedures prescribed in this Law or under international treaties to which the Socialist Republic of Vietnam is a member;
b) Industrial property rights to a trade name are established on the basis of the lawful use of such trade name;
c) Industrial property rights to a business secret are established on the basis of lawfully obtaining a business secret and keeping it confidential;
d) The right to fight against unfair competition is established on the basis of competitive business activities.
Rights to plant varieties are established on the basis of decisions on the grant of plant variety protection certificates by competent state agencies according to the registration procedures prescribed in this Law.
Article 7: Limitation of Intellectual Property Rights 
Intellectual property right holders may only exercise their rights within the scope and term of protection prescribed in this Law. The exercise of intellectual property rights must not infringe upon the interests of the State, the public interest, the lawful rights and interests of other organizations and individuals, and must not violate other provisions of related laws.
In cases where the State needs to ensure national defense, security, people’s livelihood, and other interests of the State and society, as prescribed in this Law, the State has the right to ban or restrict intellectual property rights holders from exercising their rights or force intellectual property right holders to allow other organizations or individuals to use one or several of their rights under suitable conditions. The limitation of rights to inventions belonging to state secrets shall comply with the Government’s regulations.
Article 8. State policies on intellectual property
The State recognizes and protects the intellectual property rights of organizations and individuals based on ensuring a balance between the interests of the intellectual property right holder and public interests. Intellectual property objects that are contrary to social ethics and public order, and harmful to national defense and security shall not be protected.
The State encourages and promotes creative activities and the exploitation of intellectual property to contribute to socio-economic development and improve the material and spiritual life of the people. The State provides financial support for the acquisition, transfer and exploitation of intellectual property rights for public benefit, and encourages domestic and foreign organizations and individuals to sponsor creative activities and protect intellectual property rights.
The State prioritizes investment in training and developing a contingent of cadres, civil servants, public employees, and related subjects engaged in the protection of intellectual property rights, scientific and technical research, and application on the protection of intellectual property rights.
The State mobilizes resources from the society to invest in improving the capacity of the intellectual property rights protection system to meet the requirements of socio-economic development and international economic integration.
Article 9. Rights and responsibilities of organizations and individuals in the protection of intellectual property rights
Organizations and individuals have the right to apply measures permitted by law to protect their own intellectual property rights and have the responsibility to respect the intellectual property rights of other organizations and individuals as prescribed by this Law and other relevant laws.
Article 10: Contents of State Management of Intellectual Property
1.The state shall formulate and direct the implementation of strategies and policies on the protection of intellectual property rights.
2.The state shall promulgate and organize the implementation of legal documents on intellectual property.
3.The state shall organize the intellectual property management apparatus and provide training and retraining for staff on intellectual property.
4.The state shall grant and carry out other procedures related to the Copyright Registration Certificate, Related Rights Registration Certificate, Industrial Property Rights Protection Title, and Plant Variety Protection Certificate.
5.The state shall inspect and examine the observance of the law on intellectual property, settle complaints and denunciations, and handle violations of the law on intellectual property.
6.The state shall organize information and statistics activities on intellectual property and manage intellectual property assessment activities.
7.The state shall educate, propagate, and disseminate knowledge and laws on intellectual property.
8.The state shall engage in international cooperation on intellectual property.
Article 11: Responsibilities for State Management of Intellectual Property
1.The government performs unified state management of intellectual property.
2.The Ministry of Science and Technology is responsible for assuming the prime responsibility and coordinating with the Ministry of Culture, Sports and Tourism and the Ministry of Agriculture and Rural Development in performing state management of intellectual property rights and state management of industrial property rights.
The Ministry of Culture, Sports and Tourism shall perform the state management of copyright and related rights within the ambit of its tasks and powers.
The Ministry of Agriculture and Rural Development shall perform the state management of rights to plant varieties within the ambit of its tasks and powers.
3.Ministries, ministerial-level agencies, and agencies attached to the government shall coordinate with the Ministry of Science and Technology, the Ministry of Culture, Sports and Tourism, and the Ministry of Agriculture and Rural Development, as well as with People’s Committees of provinces and centrally-run cities in the state management of intellectual property within the ambit of their tasks and powers.
4.People’s Committees at all levels shall perform the state management of intellectual property in their localities according to their competence.
5.The government shall specify the competence and responsibilities for state management of intellectual property by the Ministry of Science and Technology, the Ministry of Culture, Sports and Tourism, the Ministry of Agriculture and Agricultural Development, and People’s Committees at all levels.
Article 12: Fees and Charges on Intellectual Property
Organizations and individuals must pay fees and charges when carrying out procedures related to intellectual property rights in accordance with this Law and other relevant laws.
Part II: COPYRIGHT AND RELATED RIGHTS
Chapter I: CONDITIONS OF PROTECTION OF COPYRIGHT AND RELATED RIGHTS
Section 1: CONDITIONS FOR COPYRIGHT PROTECTION
Article 13: Authors and Copyright Holders Whose Works are Protected by Copyright
Organizations and individuals whose works are protected by copyright include the person who directly creates the work and the copyright owner specified in Articles 37 to 42 of this Law. Authors and copyright holders specified in Clause 1 of this Article include Vietnamese organizations and individuals, a foreign organization, or an individual whose work is published for the first time in Vietnam but has not been published in any other country or is simultaneously published in Vietnam within thirty days from the date on which the work is published in another country. Foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which the Socialist Republic of Vietnam is a signatory are also included.
Article 14: Types of Works Protected by Copyright
Protected literary, artistic, and scientific works include:
- a) Literary, scientific works, textbooks, and other works expressed in writing or other characters;
- b) Lectures, speeches, and other speeches;
- c) Press works;
- d) Musical works;
- e) Theatrical works;
- f) Cinematographic works and works created by similar methods (hereinafter referred to as cinematographic works);
- g) Visual and applied art works;
- h) Photographic works;
- i) Architectural works;
- j) Maps, diagrams, maps, and drawings related to topography, architecture, and scientific works;
- k) Literary and folk art works;
- l) Computer programs, and data collections.
Derivative works are only protected according to the provisions of Clause 1 of this Article if they do not infringe on the copyright of the work used to make derivative works.
Protected works specified in Clauses 1 and 2 of this Article must be created directly by the author with their own intellectual labor, without copying from another person’s work.
The government shall provide specific guidance on the types of works specified in Clause 1 of this Article.
Article 15: Objects not Covered by Copyright Protection
1.Purely news reporting.
2.Legal documents, administrative documents, and other documents in the judicial domain, and their official translations.
3.Processes, systems, operational methods, concepts, principles, and data.
Section 2: CONDITIONS FOR PROTECTION OF RELATED RIGHTS
Article 16: Organizations and Individuals Entitled to Protection of Related Rights
Performers, including actors, singers, musicians, dancers, and others who present literary and artistic works, are entitled to protection of related rights. Organizations and individuals who own the performances specified in Clause 1, Article 44 of this Law are also entitled to protection. Producers of phonograms and video recordings, who are organizations and individuals that first shape sounds and images of performances or other sounds and images, are entitled to protection. Broadcasting organizations, which initiate and conduct broadcasting, are also entitled to protection.
Article 17: Objects of Related Rights That Are Protected
1.A performance is protected if it falls into one of the following categories:
- a) Performances performed by Vietnamese citizens in Vietnam or abroad.
- b) Performances performed by foreigners in Vietnam.
- c) Performances fixed on phonograms or video recordings, which are protected under Article 30 of this Law.
- d) Performances that have not been fixed on phonograms or video recordings but have been broadcast, which are protected under Article 31 of this Law.
- dd) Performances protected under international treaties to which the Socialist Republic of Vietnam is a signatory.
2.Sound or video recordings are protected if they fall into one of the following categories:
- a) Phonograms or video recordings of Vietnamese producers of phonograms and video recordings.
- b) Phonograms or video recordings of producers of phonograms or video recordings that are protected under international treaties to which the Socialist Republic of Vietnam is a signatory.
3.Encrypted broadcasts and program-carrying satellite signals are protected if they fall into one of the following categories:
- a) Broadcast programs, encrypted program-carrying satellite signals of broadcasting organizations having Vietnamese nationality.
- b) Broadcasting programs, encrypted program-carrying satellite signals of broadcasting organizations that are protected under international treaties to which the Socialist Republic of Vietnam is a signatory.
4.Encrypted program-carrying performances, sound recordings, video recordings, broadcasts, and program-carrying satellite signals may only be protected according to the provisions of Clauses 1, 2, and 3 of this Article, provided they do not cause any harm prejudicial to copyright.
Chapter II: CONTENTS, LIMITATIONS OF RIGHTS, PERSONAL RIGHTS, RELATED RIGHTS
Section 1: CONTENTS, LIMITATIONS OF RIGHTS, DURATION OF COPYRIGHT PROTECTION
Article 18: Copyrights
Copyright for works specified in this Law includes moral rights and property rights.
Article 19: Moral rights
Moral rights include the following rights:
- a) Name the work;
- b) Put your real name or pseudonym on the work; be given a real name or pseudonym when the work is published or used;
- c) Publish the work or allow others to publish the work;
- d) Protect the integrity of the work, not allowing others to modify, mutilate, or distort the work in any way that is detrimental to the honor and reputation of the author.
Article 20: Property rights
Property rights include the following rights:
- a) Making derivative works;
- b) Performing the work in public;
- c) Copying works;
- d) Distributing or importing originals or copies of works;
- e) Communicating works to the public by means of wireline, radio, electronic information network, or any other technical means;
- f) Renting out originals or copies of cinematographic works and computer programs.
The rights specified in Clause 1 of this Article shall be exercised exclusively by the author or the copyright holder or permitted by others in accordance with this Law.
Organizations and individuals, when exploiting and using one, several, or all of the rights specified in Clause 1 of this Article and Clause 3, Article 19 of this Law, must seek permission and pay royalties, remuneration, and other material rights to copyright holders.