25/12/2023 - 215
Who can register industrial property rights? 1, Right to register inventions, industrial designs and layout designs Pursuant to Article 86 of the Intellectual Property, the following organizations and individuals shall have the right to register inventions, industrial designs and layout designs: – Authors who have created inventions, industrial designs or layout designs by their own…
Who can register industrial property rights?
1, Right to register inventions, industrial designs and layout designs
Pursuant to Article 86 of the Intellectual Property, the following organizations and individuals shall have the right to register inventions, industrial designs and layout designs:
– Authors who have created inventions, industrial designs or layout designs by their own labour and at their own expense;
– Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring, unless otherwise agreed by the parties involved and provided that such agreements are not contrary to the provisions of clause of this article.
– Where a number of organizations and individuals have jointly created or invested in the creation of an invention, industrial design or layout design, such organizations and individuals shall all have the registration right which may only be exercised with the consensus of all;
– A person who has the registration right as stipulated in this article may assign such right to other organizations or individuals by a written contract, bequest or inheritance in accordance with law, even where a registration application has already been filed.
2, Right to register marks
Pursuant to Article 87 of the Intellectual Property, the following organizations and individuals shall have the right to register marks:
– Organizations and individuals shall have the right to register marks to be used for goods such organizations or individuals produce or for services such organizations or individuals provide.
– Organizations and individuals conducting legal commercial activities have the right to register trademarks for products that they put on the market but are produced by others, with the condition is the manufacturer does not use that trademark for the product and does not object to such registration.
– Lawfully established collective organizations shall have the right to register collective marks to be used by the members of the collective organization pursuant to the regulations of the collective organization on use of collective marks. For signs indicating geographical origins of goods or services, an organization with the right to register means a local collective organization of [other] organizations or individuals engaged in production or trading in the relevant locality.
– Organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services shall have the right to register certification marks, provided that such organizations are not engaged in the production or trading of such goods or services.
– Two or more organizations or individuals shall have the right to jointly register a mark in order to become its co-owners on the following conditions:
+ Such mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners;
+ The use of such a mark does not cause confusion to consumers as to the origin of goods or services.
– Persons with the above registration right, including those who have already filed registration applications, may assign the registration right to other organizations or individuals by a written contract, bequest, or inheritance by law, provided that the assignee satisfies the conditions applicable to persons with the registration right.
– For a mark protected in a country being a contracting party to a treaty of which the Socialist Republic of Vietnam is a member, which treaty prohibits the representative or agent of a mark owner from registering such mark, the representative or agent shall not be permitted to register such mark without agreement from the mark owner unless there is a justifiable reason.
3. Right to register geographical indications
The right to register Vietnamese geographical indications belongs to the State.
Pursuant to Article 88 of the Intellectual Property, the following organizations and individuals shall have the right to register geographical indications:
The State allows organizations and individuals to produce products bearing geographical indications, collective organizations representing those organizations and individuals, or local administrative management agencies where geographical indications are located
The person who exercises the right to register a geographical indication does not become the owner of that geographical indication.
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THBlaw Company
Representative Office: No.10, Alley 102, Tran Phu Street, Ha Dong District, Ha Noi
Phone: 0836383322
Email: huyenvu@thblaw.com.vn
Website: thblaw.com.vn
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