Objects of IP protection

Objects for industrial property protection

  • Invention
  • Utility Solution
  • Industrial Design
  • Trademark
  • Geographical Indication 
  • Trade Secret
  • Geographical Indication
  • Trade Name
  • Rights against unfair Competition
  1. Invention to be protected must be a technical solution that is  world-wide new, involve an inventive step and industrial applicable (Art. 58.1, the Intellectual Law).

  2. Utility Solution to be protected must be a technical solution that is world-wide new and and industrial applicable (Art. 58.2, the Intellectual Law). 

  3. Industrial Design to be protected must be a product's external shape, which is formed by lines, three-dimensional form, and colors or a combination thereof, and  must be world-wide new, to be used as the pattern for industrial or handicraft products (Art. 63, the Intellectual Law).

  1. Trademark to be protected must be a mark consisting of signs for distinguishing goods or services of the same kind made by different producers.

A mark may be expressed by words, images or combination thereof in one or several colors (Art. 72, the Intellectual Law).

Famous Trademark to be protected in conformity with the Paris Convention and TRIPS  

  1. Trade Secret to be protected must be the result of investment and presented in form of information, which is not popular knowledge and can offer the owner advantages to others and must be kept by necessary measures so that it can not be easily disclosed to, or accessed by, public (Art. 6, Decree No. 54/2000/QD-CP).

  1. Geographical Indications to be protected are information expressed in form of words, signs, symbols or designs referring to a nation, a region or territory, that indicate the geographic origin of those goods or services, providing that their quality, reputation, or other character is recognized by their actual originating from the said nation, region or territory (Art. 79, the Intellectual Law).

  2. Trade Name to be protected is the name of entity or individual using in trading transaction with the aim to distinguish it from traders of the same field of business (Art.24 and 25, Decree No. 54/2000/QD-CP).

  1. The Rights against unfair Competitionconcerning industrial property are the rights to act against practices in trade or productions, such as:

  • Using other's prestige or reputation;

  • Using commercial indications to distort image of, or information on, a business entity, good or service (delusion);

  • Misleading source of goods or services, or production method, or utility quality or quantity, or retail address, or supply condition;

  • Appropriating or using other's investment results without owner's authorization.

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