Tiếng Việt
中文 (中国)
The Intellectual Property Law of Vietnam is an important legal framework that governs intellectual property rights in areas such as copyright, trademarks, and many other aspects related to creativity and innovation. In 2022, the Vietnam Intellectual Property Law underwent a series of notable amendments to adapt to the rapid development of technology and international integration, while addressing persistent intellectual property challenges in society.
These changes not only provide necessary adjustments to the current law but also mark a significant step forward in protecting and promoting creativity in Vietnam.
In this article, we will briefly overview and analyze some notable points in the 2022 amendment of the Intellectual Property Law of Vietnam to better understand their significance for both creators and the business community.
Industrial Designs
Conditions for protecting industrial designs
Industrial designs are protected if they meet the following conditions:
- Novelty.
- Creativity.
- Applicability in industry.
Objects not protected as industrial designs
The following objects are not protected as industrial designs:
- The external shape of a product that is dictated by the product’s technical features.
- The external shape of civil or industrial construction works.
- The shape of a product not visible during the use of the product.
Novelty of Industrial Designs
- An industrial design is considered novel if it significantly differs from industrial designs that have been publicly disclosed through usage, described in writing, or in any other form, in Vietnam or abroad, before the filing date or priority date, if the industrial design application enjoys priority rights.
- Two industrial designs are not considered significantly different from each other if they differ only in features of shape that are not easily recognizable, memorable, and cannot be used to distinguish the overall appearance of the two industrial designs.
- An industrial design is considered not to have been publicly disclosed if only a limited number of people are aware of it and have an obligation to keep it confidential.
- An industrial design is not considered to have lost its novelty if it is disclosed in some cases as specified in Article 65(4) of the Unified Intellectual Property Law 2022, provided that the industrial design application is filed within six months from the date of disclosure.
Trademarks
General Conditions for Trademark Registration in Vietnam
Trademarks are protected if they meet the following conditions:
- They are visible signs in the form of letters, words, drawings, images, three-dimensional shapes, or combinations thereof, expressed in one or more colors or in graphic form, or sound marks represented graphically.
- They are capable of distinguishing the goods or services of the trademark owner from those of others.
Signs not Protected as Trademarks
The following signs are not protected as trademarks:
- Signs identical or similar to the extent of causing confusion with the national flag, national emblem, national anthem of the Socialist Republic of Vietnam, and those of other countries and international organizations.
- Signs identical or similar to the extent of causing confusion with symbols, flags, emblems, abbreviations, full names of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, social-professional organizations of Vietnam, and international organizations, unless permitted by the respective authorities.
- Signs identical or similar to the extent of causing confusion with the real names, pseudonyms, pen names, images of leaders, national heroes, and celebrities of Vietnam and other countries.
- Signs identical or similar to the extent of causing confusion with certification marks, inspection marks, warranty marks of international organizations, except when these organizations register such marks as certification marks.
- Signs that are misleading, deceptive, or likely to mislead or deceive consumers about the origin, nature, characteristics, quality, value, or other attributes of goods or services.
- Signs that are shapes that are inherent to goods or are dictated by the technical features of the goods.
- Signs that contain reproductions of works, except with the permission of the copyright owner of those works.
Criteria for Evaluating a Well-Known Trademark in Vietnam
The evaluation of a trademark as well-known is based on some or all of the following criteria:
- The number of consumers associated with the trademark through buying, using goods or services bearing the trademark, or through advertising.
- The territory in which the goods or services bearing the trademark have been circulated.
- The volume of sales of goods or provision of services bearing the trademark, or the quantity of goods sold, and services provided.
- The continuous duration of the use of the trademark.
- The widespread reputation of the goods or services bearing the trademark.
- The number of countries where the trademark is protected.
- The number of countries recognizing the trademark as well-known.
- The price of transfer, price of licensing, or the value of the trademark as an investment.
Trade Names
Conditions for Protecting Trade Names
Trade names are protected if they have the capability to distinguish the business entity using the trade name from other business entities in the same field and business region.
Entities Not Protected as Trade Names
Names of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, social-professional organizations, or unrelated entities not engaged in business activities are not protected as trade names.
Distinctiveness of Trade Names
Trade names are considered distinctive if they meet the following conditions:
- Contain proper names, except when widely known through usage.
- Are not identical or similar to the extent of causing confusion with trade names that others have used before in the same field and business region.
- Are not identical or similar to the extent of causing confusion with trademarks of others or with geographical indications protected before the date the trade name is used.
Geographical Indications
Conditions for Protecting Geographical Indications
Geographical indications are protected if they meet the following conditions:
- The products bearing the geographical indication have their geographical origin from the corresponding region, locality, territory, or country as indicated by the geographical indication.
- The products bearing the geographical indication have a reputation, quality, or essential characteristics mainly attributable to the geographical conditions of the region, locality, territory, or country corresponding to the geographical indication.
Protection of Homonymous Geographical Indications
Homonymous geographical indications meeting the conditions specified in clause 1 above are protected if the geographical indication is used in a manner that does not confuse consumers about the geographical origin of the products bearing the geographical indication and ensures fair treatment among organizations and individuals producing products bearing that geographical indication.
Entities Not Protected as Geographical Indications
The following entities are not protected as geographical indications:
- Names or indications that have become generic terms for goods as perceived by related consumers in the territory of Vietnam.
- Geographical indications of foreign countries that are not protected, have lost protection, or are no longer in use in those countries.
- Geographical indications identical or similar to a trademark that is currently protected or has been applied for registration with an application date or earlier priority date, if the use of that geographical indication is likely to cause confusion about the commercial origin of the goods.
- Geographical indications that mislead consumers about the true geographical origin of the products bearing the geographical indication.
Reputation, Quality, and Characteristics of Products Bearing Geographical Indications
- The reputation of products bearing a geographical indication is determined by the level of consumer trust in those products, based on the extent to which consumers are aware of and choose those products.
- The quality and characteristics of products bearing a geographical indication are determined by one or more qualitative, quantitative, or sensory criteria, and these criteria must be capable of verification by technical means or experts using appropriate testing methods.
Geographical Conditions Related to Geographical Indications
- Geographical conditions related to geographical indications are natural and human factors that determine the reputation, quality, and characteristics of products bearing that geographical indication.
- Natural factors include climate, hydrology, geology, topography, ecosystems, and other natural conditions.
- Human factors include the skills, craftsmanship of producers, and traditional production processes of the locality.
Business Secrets
Conditions for Protecting Business Secrets
Business secrets are protected if they meet the following conditions:
- They are not common knowledge and are not easily obtainable.
- When used in business, they provide an advantage to the holder of the business secret compared to those who do not hold or use that business secret.
- They are kept confidential by the owner through necessary measures to prevent the disclosure and easy access to that business secret.
Entities Not Protected as Trade Secrets
The following information is not protected as trade secrets:
- Personal secrets.
- State management secrets.
- Defense and security secrets.
- Other confidential information unrelated to business.
In conclusion, the changes and improvements in the 2023 Law on Intellectual Property in Vietnam represent a significant step forward in the protection and promotion of innovation in Vietnam. The flexibility and adaptability of the law to the modern business and technological environment have created favorable conditions for the development of innovators and businesses.
However, understanding and complying with the Law on Intellectual Property remains a crucial factor in ensuring the rights and protecting the creativity of individuals and organizations. The legalization and protection of intellectual property not only benefit the owners but also positively contribute to the sustainable development of the economy and society as a whole.
In the future, it is essential to continue updating and adjusting the Law on Intellectual Property in Vietnam to meet new challenges and innovations in the fields of creativity and technology. Therefore, monitoring and staying informed about these legal changes are integral to the development and success of individuals and businesses in Vietnam.
For detailed legal support regarding these changes and guidance on addressing intellectual property issues, it is advisable to consult a reputable law firm specializing in intellectual property in Vietnam.
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
