Protecting Intellectual Property Rights Abroad for Vietnam Enterprises

Protecting Intellectual Property Rights Abroad for Vietnam Enterprises

The development of international supply chains has become a critical success factor for big companies, and should be seen as important key for products of developing countries to gain entry into high standard market such as USA, European Countries, and Japan. However, many Vietnam companies have experienced problems in shifting their supply chain abroad as well as managed their intellectual property such as geographical indication, trademarks.

On October 24th, 2017, Vietnam Intellectual Property Association (VIPA) in cooperation with the World Intellectual Property Organization (WIPO), Vietnam Chamber of Commerce and Industry (VCCI), International Association for the Protection of Intellectual Property Rights (AIPPI) organized the seminar “Protecting intellectual property rights abroad for Vietnamese enterprises” to provide Vietnam companies value information for protecting their Intellectual Property right in the Fourth Industrial Revolution and global supply chain development.

All the experts have strongly recognized the important role of intellectual property protection abroad for Vietnamese enterprises and introduced:

-Introduction to the International World of Intellectual property

-Protecting a valuable asset- How to protect your Brand with Madrid

-Options to protect an invention: Patent Cooperation Treaty (PCT) and trade Secrets

-Introduction to the international design System- Hague

-Other WIPO services, Tools and Products

-About International Association for the Protection of Intellectual Property- AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle) Vietnam is a member of the WIPO and is a signatory to the Paris Convention for the Protection of Industrial Property. It has acceded to the Patent Cooperation Treaty and the Madrid Agreement Concerning the International Registration of Marks, and in 2004 joined the Berne Convention. Therefore, the Vietnamese enterprises should file trademarks, patents or industrial designs by international systems for saving cost and managing the registration procedures effectively. However, it is suggested that the international Bureau of WIPO does not decide whether trademarks, patents or industrial designs are eligible for protection or not, and the final decisions must depend on Intellectual Property law of each country i.e. Vietnam. For differences of laws in every country and difficult techniques when preparing Intellectual Property application, applicants should find valuable assistant from Intellectual Property agent.

We are a law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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Can a company purchase intellectual property rights?

A company can “purchase intellectual property rights.” The way that the purchase takes place varies a little, but most commonly it will be in the form of a license.

Protect Intellectual Properties Rights in Vietnam

I’ll use your example of a Harry Potter video game to explain. First, the owner of a copyright (here, the author of Harry Potter) has the exclusive right to distribute her original work. Another right she owns as a part of her copyright is the exclusive right to produce derivative works. A derivative work is any work based off of the original copyrighted work. A videogame based on Harry Potter is a derivative work of the original Harry Potter books.

So, J.K. Rowling, Harry Potter’s author, is the only person in the world that can create derivative works based on Harry Potter. BUT, she can license that right to whomever she would like for a fee. This is why you see Harry Potter videogames being made and t-shirts being sold. A copyright owner can license her copyright to another — or, in other words, you can purchase the right to use a copyright from a copyright holder.

Other intellectual property rights like patents and trademarks have similar licensing schemes to allow the holder of the right to exploit his or her invention.

Source: Quora

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

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