Legal basis

• Law on Intellectual Property 2005;
• Law amendments to some articles of the Law on Intellectual Property 2019;
• Law amendments to some articles of the Law on Intellectual Property 2022.

1. Definition of Intellectual property rights 

According to Article 4.1 of the Law on Intellectual Property 2005, amended 2019, 2022, intellectual property rights are prescribed as follows: Intellectual property rights means rights of an organization or individual to intellectual assets comprising copyright and copyright related rights, industrial property rights and rights to plant varieties.

2. Subject matter of intellectual property rights

According to Article 3 of the Law on Intellectual Property 2005, amended 2019, 2022, subject matter of intellectual property rights are prescribed as follows: 

• The subject matter of copyright:
  • Comprise literary, artistic and scientific works;
  • The subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes.

• The subject matter of industrial property rights:
  • Comprise inventions
  • Industrial designs
  • Designs of semi-conducting closed circuits
  • Trade secrets
  • Marks
  • Trade names
  • Geographical indications.
• The subject matter of rights to plant varieties:
  • Comprise plant varieties
  • Reproductive materials.

3. Grounds for the generation and establishment of intellectual property rights

According to Article 6 of the Law on Intellectual Property 2005, amended 2019, 2022, Grounds for the generation and establishment of intellectual property rights are prescribed as follows: 

• Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.
• Related rights shall arise at the moment a performance, audio and visual fixation, broadcast or satellite signal carrying coded programmes is fixed or displayed without causing loss or damage to copyright.
• Industrial property rights shall be established as follows:
  • Industrial property rights to an invention, industrial design, layout design, mark or geographical indication shall be established on the basis of a decision of the competent State body to grant a protection title in accordance with the registration procedures stipulated in this Law or the recognition of international registration pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
    In the case of a well known mark, industrial property rights shall be established on the basis of use and shall not be dependent on registration procedures;
  • Industrial property rights to a trade name shall be established on the basis of lawful use thereof;
  • Industrial property rights to a trade secret shall be established on the basis of lawful acquirement of the trade secret and maintaining confidentiality thereof;
  • The right to prevent unfair competition shall be established on the basis of competitive activities in business.
• Rights to a plant variety shall be established on the basis of a decision of the competent State body to grant a plant variety protection title in accordance with the registration procedures stipulated in this Law.