OVERVIEW ON

INTELLECTUAL
PROPERTY RIGHTS

Module: Intellectual Property Rights

Lecturer: Do Tien Dat (LL.M.)

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* OBJECTIVES
• Gain knowledge of the legal frameworks surrounding intellectual
property rights.

• Understand how to protect creations or innovations.

• Develop the ability to identify different types of IPR.

• Learn how to apply for IPR protection in both domestic and international
contexts.

• Understand the commercial aspects of intellectual property rights,

including licensing and transactions.

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* LEARNING OUTCOMES
• Describe the sources of law and legal systems regulating intellectual property
rights.
• Explain the legal characteristics and principles governing different types of IPR.
• Apply intellectual property law to protect intellectual property rights relating to
your creative works.
• Apply what you learn to negotiate, form and perform a licensing agreement to
transfer your intellectual property rights to others
• Identify elements of some typical infringements of intellectual property rights in
connection with creative jobs
• Promote innovation and protect intellectual property rights responsibly in
professional contexts.
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* ASSESSMENT METHOD
• Regular Assessment (10%) – Includes attendance, participation in
class discussions, and contributions of ideas or opinions during lectures.

• Midterm Assessments (30%) – Two written tests, each lasting 20

minutes

• Final Exam (60%) – A comprehensive written exam lasting 90 to 120

minutes, evaluating the full range of knowledge and skills developed
throughout the course.

* Student who is absent over 20% of the course is not allowed to

take final exam and must restudy the course
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Source: Interbrand
 1. Definition

2. Parts creating IPR

OVERVIEW ON
INTELLECTUAL
PROPERTY RIGHTS 3. International and Vietnamese legal systems on IPR

4. Roles of IPR towards the social and economic

development

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 DEFINITION OF
INTELLECTUAL PROPERTY RIGHTS 8
Convention Establishing the World Intellectual Property
Organization (WIPO):

“intellectual property shall include rights relating to:

• Literary, artistic, and scientific works,
• Performances of performing artists, phonograms, and broadcasts,
• Inventions in all fields of human endeavor,
• Scientific discoveries,
• Industrial designs,
• Trademarks, service marks, and commercial names and designations,
• Protection against unfair competition,
and all other rights resulting from intellectual activity in the industrial,
scientific, literary, or artistic fields.”
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WIPO IP Handbook:

“Intellectual property, very broadly, means the legal rights

which result from intellectual activity in the industrial, scientific,
literary, and artistic fields”

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Reasons for protecting IP rights:

- To give statutory expression to the moral and economic rights of creators

in their creations and the rights of the public in access to those creations

- To promote creativity and the dissemination and application of its results

and to encourage fair trading which would contribute to economic and
social development

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Vietnam IP Law (Article 4.1):

Intellectual Property Rights (IPR) refer to the rights of

organizations and individuals over intellectual property assets,
including copyright and related rights, industrial property rights,
and rights to plant varieties

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CHARACTERISTICS

- Object of IPR is IP asset, which is a type of intangible asset

- IPR include moral rights and economic rights (property rights)
- Difficult to control and prevent others from exploiting IP
- IPR have commercial value
- IPR have limitations

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 PARTS CREATING
INTELLECTUAL PROPERTY RIGHTS 14
Copyright and Related rights

Industrial property rights

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Definition of Copyright (Article 4.2 of Vietnam IP Law)

“Copyright is the right of organizations and individuals over works

they have created or own”

Article 3.3 of Vietnam IP Law

“Objects of copyright include literary, artistic, and scientific

works”
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- Object of copyright is the product of spiritual creative activity

- Copyright is automatically established

- Copyright only protects the form of expression of a work, not the

creative idea

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Definition of Related rights (Article 4.3 of Vietnam IP
Law)

“Related rights are the rights of organizations and individuals

over performances, sound recordings, video recordings,
broadcasts, and encrypted satellite signals carrying programs”

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- Related rights are derivative rights, formed based on the use of
an original work

- Must be original works

- Related rights are limited in terms of protection period, even for

moral rights

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Definition of Industrial property rights (Article 4.4 of
Vietnam IP Law)

“Industrial property rights refer to the rights of organizations and

individuals over inventions, industrial designs, layout
designs of semiconductor integrated circuits, trademarks,
trade names, geographical indications, trade secrets that
they have created or own, as well as the right to prevent unfair
competition.”
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- The object of industrial property rights is intellectual property
assets that are always associated with production and
business activities
- Each object must generally meet specific protection standards,
such as novelty, creativity, applicability, or distinctiveness
- Industrial property rights is primarily established through
registration with a competent state authority (with some
exceptions)
- Industrial property rights exclusively protects the content of
the creative idea
- Shorter protection duration compared to copyright
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INTERNATIONAL AND VIETNAMESE
LEGAL SYSTEMS ON IPR 22
DEVELOPMENT OF IP LAW IN THE WORLD
 Venice Statute 1474 (Italy) was the world’s first law to stipulate patent
protection in the form of granting patent exclusivity
 In England, the Statute of Monopolies 1624 was the first codified law
stipulating the granting of time-limited exclusivity for inventions
 Following this, the scientific and technological revolution of the late 18 th
century led to the establishment of patent protection systems in many
countries: French Patent Law 1791, the U.S. Patent Act 1793
 Until the 19th century, countries had developed advanced patent systems:
Germany (1877), Italy (1859), Argentina (1864), Spain (1878), Brazil
(1882), Sweden (1884), Canada (1886), India and Japan (1888), Mexico
(1890), Portugal and South Africa (1896)
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DEVELOPMENT OF IP LAW IN THE WORLD

 Trademark and trade secret protection also developed robustly in English-

speaking countries from the mid-19th century, and by the end of the
century, trademark laws had expanded throughout Europe.
 France: In 1857, the first comprehensive trademark system established by
the Law on Marks of Manufacture and Trade

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DEVELOPMENT OF IP LAW IN THE WORLD

 The U.S: in 1870, First U.S. Federal Trademark Act passed. Averill Paints
received the first trademark registered under the Act. In 1881, the 1870
Federal law on registration of trademarks, having been held in 1879 to be
unconstitutional, was repealed and replaced with a new Act. In 1893, Coca
Cola trademark registered. Since then, the mark has been revised and
modified several times

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DEVELOPMENT OF IP LAW IN THE WORLD

 Great Britain: in 1875, Parliament enacted the Trade Marks Registration

Act, creating a national register of trademarks. In 1876, The Trademarks
Registration Office opened in London. The first registered trademark in the
UK was that of the beer company Bass & Co. Applied for on 1 January
1876, it is still valid.

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DEVELOPMENT OF IP LAW IN THE WORLD

 Germany: in 1874, The Trademark Protection Law (Gesetz über

Markenschutz) enacted (coming into force on 1 May 1875) – considered to
be the first German trademark law.
 Japan: in 1884, First Japanese trademark law was established

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DEVELOPMENT OF IP LAW IN THE WORLD
 The earliest forms of copyright protection appeared in the 15th century
with the advent of printing technology (Johannes Gutenberg’s (a German)
invention of printing press in 1440 and John of Speyer’s design of the first
type purely Roman in character in 1469)

 The first comprehensive copyright law was introduced in England in 1710

(the Statute of Anne), followed by Germany and France 28
DEVELOPMENT OF IP LAW IN THE WORLD

 By the latter half of the 19th century, in developed industrial nations, there
was a growing awareness that national-level intellectual property
protection was insufficient. This led to the need to internationalize
intellectual property protection
Þ the Paris Convention for the Protection of Industrial Property in 1883 and
the Berne Convention for the Protection of Literary and Artistic Works in
1886

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VIETNAM TO JOIN INTERNATIONAL TREATIES ON IP
 Convention Establishing the World Intellectual Property Organization
(WIPO) (joined on 02/07/1976);
 Paris Convention for the Protection of Industrial Property (1883) (joined on
08/03/1949);
 Madrid Agreement (1891) and Madrid Protocol (1989) on International
Registration of Marks (joined on 08/03/1949 and 11/07/2006);
 Patent Cooperation Treaty (PCT 1970) (joined on 10/03/1993);
 Berne Convention for the Protection of Literary and Artistic Works (1886)
(joined on 26/10/2004);
 Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs
1994) (joined on 11/01/2007);
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 Geneva Convention for the Protection of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms (1971) (joined on
06/07/2005);
 Rome Convention for the Protection of Performers, Producers of
Phonograms and Broadcasting Organizations (1961) (joined on
01/03/2007);
 Brussels Convention Relating to the Distribution of Programme-Carrying
Signals Transmitted by Satellite (1974) (joined on 12/01/2006);

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VIETNAMESE LEGAL SYSTEM ON IPR
 Constitution of Vietnam 2013
 Civil Code 2015
 Law on Intellectual Property 2005 (amended in 2009, 2019, 2022)
 Government Decree No. 17/2023/ND-CP dated April 26, 2023, detailing
certain articles and implementation measures of the Intellectual Property
Law concerning copyright and related rights
 Government Decree No. 65/2023/ND-CP dated August 23, 2023, detailing
certain articles and implementation measures of the Intellectual Property
Law concerning industrial property, protection of industrial property rights,
rights to plant varieties, and state management of intellectual property
 … 32
ROLES OF IPR TOWARDS THE SOCIAL AND
ECONOMIC DEVELOPMENT 33
 IPR promote research, creativity, and innovation across all areas of
economic, cultural, social, scientific, and technological life

IPR promote healthy competition in the marketplace and facilitate

business operations, both domestically and internationally

IPR encourage both domestic and foreign investment, promote the

dissemination and transfer of technology, create jobs, and increase
income for workers.

IPR have significant value: the value of IPR tends to increase and make
up a growing proportion compared to the value of companies’ tangible
assets
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