Understanding IP in Vietnam

 ASEAN Briefing , 19 Feb 2021

Understanding IP in Vietnam

As per the World Intellectual Property Organization(WIPO), IP is defined as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.”

There are two types of IP: registered and unregistered. For registered IP, you must apply to have your rights recognized at an official IP organization, such as the Intellectual Property Office in the United Kingdom.  Types of registered IP include patents and registered trademarks. For unregistered IP, you automatically have IP rights over your creation. Types of unregistered IP include copyright, common law trademarks and database rights, confidential information, and trade secrets.

Due to the fact that Vietnam joined the World Trade Organization (WTO) in 2007, the country has had to meet the minimum IP standards set out by that organization – this has also meant that IP in Vietnam has many similarities with IP in more developed countries. As such, Vietnam has divided its IP system into three areas:

• Copyright and related rights – administered by the Copyright Office of Vietnam;
• Industrial property rights – administered by the National Office of Intellectual Property(NOIP); and
• Rights to plant varieties – administered by the Plant Variety Protection Office.

The NOIP holds the role of chief coordinator and is the agency that, under the aegis of the Ministry of Science and Technology, assumes the functions of exercising state management and providing services in the field of IP. This includes administrating the registration of industrial designs, trademarks, brand names, and other industrial property rights, and conducting basic legal appraisals to settle intellectual property disputes.

In full: https://www.aseanbriefing.com/news/a-guide-to-intellectual-property-in-vietnam/

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