5 matters on Intellectual Property and General conditions eligible for protection Startups need to know
Subject matters of intellectual property rights (IP) include: Copyright, industrial property rights and plant variety rights. In addition to capital issues, taxes, and human resources, startups must also pay attention to the laws on intellectual property. Here are 5 intellectual property matters you should care to ensure the legitimate rights and interests of your businesses in the IP field.
 

3 subject matters and 5 relevant objects in intellectual property for startups
I. Inventions 
An invention means a technical solution in form of a product or a process which is intended to solve a problem by application of laws of nature.

General conditions for inventions eligible for protection

An invention shall be protected by mode of grant of invention patent when it satisfies the following conditions:

  1. Being novel;

  2. Involving an inventive step;

  3. Being susceptible of industrial application.

Unless it is a common knowledge, an invention shall be protected by mode of grant of utility solution patent when it satisfies the following conditions:

  1. Being novel;

  2. Being susceptible of industrial application.

II. Industrial Designs
An industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
General conditions for industrial designs eligible for protection 

  1. Being novel;

  2. Involving an inventive step;

  3. Being susceptible of industrial application.

III. Marks and Trade names

A mark means any sign used to distinguish goods and/or services of different organizations or individuals.

General conditions for marks eligible for protection

A mark shall be protected when it satisfies the following conditions:

1. Being a visible sign in the form of letters, words, drawings or images, including holograms, or a combination thereof, represented in one or more colors;

2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.

A trade name means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.
General conditions for trade names eligible for protection:
A trade name shall be protected when it is capable of distinguishing the business entity bearing it from other business entities operating in the same business field and locality.
IV. Copyright

Copyright means rights of organizations and individuals to works they have created or own.

General conditions for copyright eligible for protection: According to the originality, a work is created and presented in a certain form regardless of content, form, medium, language, published or not.
5. Enforcement and settlement of disputes related to intellectual property

The intellectual property management system in Vietnam includes:

  1. Establishment of rights at the Intellectual Property Department and the Copyright Office

  2. Execution of rights at the enforcement agencies:

  • Court

  • Inspectorate of the Ministry of Science and Technology

  • Local People's Committee

  • Police Office

  • Market Management Office

  • Custom Office.

Foreign enterprises that want to establish IP rights in Vietnam must all go through an Intellectual Property Representative. On the contrary, companies in Vietnam also need IP representatives to set up IP rights in the host country.

Law firms are the representatives of intermediaries, an important link in connecting local and international networks to resolve IP legal issues for startups.

References

  1. Intellectual Property Law 2005 (edited in 2009)

  2. General Intellectual Property - Lawyer Le Thi Thu Huong, T2H Lawyers Co., Ltd.