Law on Intellectual Property 2005, amended and supplemented in 2009, 2019

Ngày cập nhật: 26/10/2022 lúc 2:11:58

 

OFFICE of the National Assembly
——–
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
Number: 07/VBHN-VPQH Hanoi, June 25, 2019

 

THE LAW

INTELLECTUAL PROPERTY

Law on Intellectual Property No. 50/2005/QH11 dated November 29, 2005 of the National Assembly, effective from July 1, 2006, 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;
  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 .

Part I

GENERAL PROVISIONS

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:

  1. 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.
  2. Copyright means the right of an organization or individual to a work they create or own.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. A work is a creative product in the fields of literature, art and science expressed in any medium or form.
  8. Derivative work means a work translated from one language into another, a work adapted, adapted, adapted, compiled, annotated or selected.
  9. 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.
  10. 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.
  11. 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.
  12. An invention is a technical solution in the form of a product or process that solves a specified problem by applying natural laws.
  13. Industrial design is the external appearance of a product represented by shapes, lines, colors or a combination of these elements.
  14. 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.
  15. 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.
  16. A trademark is a sign used to distinguish goods and services of different organizations and individuals.
  17. 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.
  18. 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.
  19. 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.
  20. Well-known trademark is a mark widely known by consumers throughout the territory of Vietnam.
  21. 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.

  1. A geographical indication is a sign that refers to a product originating in a particular region, locality, territory or country.
  2. Business secret is information obtained from financial and intellectual investment activities, which has not been disclosed and can be used in business.
  3. 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.
  4. 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.
  5. Propagation material means a plant or part of a plant capable of developing into a new plant for propagation or for sowing.
  6. Harvest material means a plant or part of a plant obtained from the cultivation of propagating material.

Article 5. Application of the law

  1. In case there are civil issues related to intellectual property not specified in this Law, the provisions of the Civil Code shall apply.
  2. 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.
  3. 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 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 content, quality, form, medium, language, 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. fake.
  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 grant of protection titles issued by competent state agencies in accordance with legal procedures. 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 grant of protection titles of competent state agencies according to registration procedures prescribed in this Law or under international treaties to which the Socialist Republic of Vietnam is concerned. Socialist Republic of Vietnam is a member;

b) Industrial property rights to a trade name are established on the basis of 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 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 [5]

  1. Intellectual property right holders may only exercise their rights within the scope and term of protection prescribed in this Law.
  2. 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 law. related.
  3. In cases in order 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. exercise 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

  1. To recognize and protect intellectual property rights of organizations and individuals on the basis of ensuring harmony between the interests of the intellectual property right holder with the public interests; failing to protect intellectual property objects that are contrary to social ethics and public order, harmful to national defense and security.
  2. Encourage and promote creative activities and exploitation of intellectual property in order to contribute to socio-economic development and improve the people’s material and spiritual life.
  3. Financial support for the receipt, transfer and exploitation of intellectual property rights for public benefit; encourage domestic and foreign organizations and individuals to sponsor creative activities and protect intellectual property rights.
  4. Prioritizing investment in training and fostering a contingent of cadres, civil servants, public employees and related subjects engaged in the protection of intellectual property rights and scientific and technical research and application. on the protection of intellectual property rights.
  5. Mobilize resources of 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 law. This Law and other relevant laws.

Article 10. Contents of state management of intellectual property

  1. Formulate and direct the implementation of strategies and policies on protection of intellectual property rights.
  2. Promulgating and organizing the implementation of legal documents on intellectual property.
  3. Organize the intellectual property management apparatus; training and retraining staff on intellectual property.
  4. Grant and carry out other procedures related to Copyright Registration Certificate, Related Rights Registration Certificate, Industrial Property Rights Protection Title, Plant Variety Protection Certificate.
  5. To 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. Organize information and statistics activities on intellectual property.
  7. Organize and manage intellectual property assessment activities.
  8. Educating, propagating and disseminating knowledge and laws on intellectual property.
  9. International cooperation on intellectual property.

Article 11. Responsibilities for state management of intellectual property

  1. The Government performs the unified state management of intellectual property.
  2. The Ministry of Science and Technology is answerable to the Government to assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism [7] and the Ministry of Agriculture and Rural Development in performing the state management of property. intellectual property rights and perform state management of industrial property rights.

The Ministry of Culture, Sports and Tourism [8] , within the ambit of its tasks and powers, performs the state management of copyright and related rights.

The Ministry of Agriculture and Rural Development shall, within the ambit of its tasks and powers, perform the state management of rights to plant varieties.

  1. Ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their tasks and powers, have to coordinate with the Ministry of Science and Technology, the Ministry of Culture, Sports and Tourism [9] . Ministry of Agriculture and Rural Development, People’s Committees of provinces and centrally run cities in the state management of intellectual property.
  2. People’s Committees at all levels shall perform the state management of intellectual property in their localities according to their competence.
  3. 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 [10] , the Ministry of Agriculture and Agricultural Development. villages, 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

  1. 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.
  2. Authors and copyright holders specified in Clause 1 of this Article include Vietnamese organizations and individuals; a foreign organization or 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. that is published for the first time 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.

Article 14. Types of works protected by copyright

  1. Protected literary, artistic and scientific works include:

a) Literary, scientific works, textbooks, textbooks and other works expressed in writing or other characters;

b) Lectures, speeches and other speeches;

c) Press works;

d) Musical works;

d) Theatrical works;

e) 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;

k) Maps, diagrams, maps, drawings related to topography, architecture, scientific works;

l) Literary and folk art works;

m) Computer programs, data collection.

  1. Derivative works are only protected according to the provisions of Clause 1 of this Article if they do not prejudice the copyright of the work used to make derivative works.
  2. Protected works specified in Clauses 1 and 2 of this Article must be created directly by the author with his or her own intellectual labor, without copying from another person’s work.
  3. 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. News is purely news reporting.
  2. Legal documents, administrative documents and other documents in the judicial domain and their official translations.
  3. Process, system, operation method, concept, principle, data.

Section 2. CONDITIONS FOR PROTECTION OF RELATED RIGHTS

Article 16. Organizations and individuals entitled to protection of related rights

  1. Actors, singers, musicians, dancers and others presenting literary and artistic works (hereinafter collectively referred to as performers).
  2. Organizations and individuals are the owners of the performances specified in Clause 1, Article 44 of this Law.
  3. Organizations and individuals that shape for the first time sounds and images of performances or other sounds and images (hereinafter referred to as producers of phonograms and video recordings).
  4. Organization that initiates and conducts broadcasting (hereinafter referred to as broadcasting organization).

Article 17. Objects of related rights are protected

1. A performance is protected if it falls into one of the following cases:

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 are protected under Article 30 of this Law;

d) Performances that have not been fixed on phonograms or video recordings that have been broadcast 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 cases:

a) Phonograms or video recordings of Vietnamese nationalities of producers of phonograms and video recordings;

b) Phonograms or video recordings of producers of phonograms or video recordings shall be 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 cases:

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 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 RIGHs

Section 1. CONTENTS, LIMITATIONS OF RIGHTS, DURATION OF COPYRIGHT PROTECTION

Article 18. Copyrights

Copyright over works specified in this Law includes moral rights and property rights.

Article 19. Moral rights

Moral rights include the following rights:

  1. Name the work;
  2. Put your real name or pseudonym on the work; be given a real name or a pseudonym when the work is published or used;
  3. Publish the work or allow others to publish the work;
  4. 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

1. 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;

dd) Communicating works to the public by means of wireline, radio, electronic information network or any other technical means;

e) Renting out originals or copies of cinematographic works and computer programs.

2. 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.

3. 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, remunerations and other rights. other material rights to copyright holders.

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