ESTABLISHMENT OF RIGHTS

The current IP Law of Vietnam defines a geographical indication as “a sign which identifies a product as originating from a specific region, locality, territory or country”.

Industrial property rights to a geographical indication is established (i) on the basis of the grant of a protection title according to the registration procedures or (ii) in accordance with the international treaties to which the Socialist Republic of Vietnam is a contracting party, where applicable.

OUR SERVICES

D&N International offers a full range of IP services in Vietnam in relation to Geographical Indications including both Registration and Contentious Works. Please contact our attorneys for appropriate advice which apply to your specific matters.

GENERAL INFORMATION ON PROTECTION OF GEOGRAPHICAL INDICATION

General conditions for geographical indications eligible for protection

A geographical indication shall be protected when it satisfies the following conditions:

– The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication;

– The product bearing the geographical indication has a reputation, quality or characteristics mainly attributable to geographical conditions of the area, locality, territory or country corresponding to such geographical indication.

Subject matters not protected as geographical indications

The following subject matters shall not be protected as geographical indications:

– Names or indications which have become generic names of goods in Vietnam;

– Geographical indications of foreign countries where they are not or no longer protected or no longer used;

– Geographical indications identical with or similar to a protected mark, where the use of such geographical indications is likely to cause confusion as to the origin of products;

– Geographical indications which mislead consumers as to the true geographical origin of products bearing such geographical indications.

Reputation, quality and characteristics of products bearing geographical indications

– Reputation of products bearing a geographical indication shall be determined on the basis of consumers’ trust in such products through the extent of their being widely known to and selected by consumers.

– Quality and characteristics of products bearing a geographical indication shall be defined by one or several qualitative, quantitative or physically, chemically, microbiologically perceptible criteria which can be tested by technical means or experts with appropriate testing methods.

Term of protection

A certificate of registration of geographical indication shall have an indefinite validity starting from the grant date.

In the case where the geographical conditions decisive to the reputation, quality or special characteristics of products bearing a geographical indication have changed resulting in the loss of such reputation, quality or characteristics of products, any third party shall have the right to request the state management agency in charge of industrial property rights (the VNIPO) to terminate the validity of that geographical indication.

Use of a geographical indication means the performance of the following acts:

– Affixing the protected geographical indication on goods or goods packages, means of business and transaction documents in business activities;

– Circulating, offering, advertising for sale or stocking for sale goods bearing the protected geographical indication;

– Importing goods bearing the protected geographical indication.

Acts of infringing upon the rights geographical indications

The following acts shall be regarded as infringements of the rights to protected geographical indications:

a/ Using protected geographical indications for products which do not satisfy the criteria of peculiar characteristics and quality of products bearing geographical indications although such products originate from geographical areas bearing such geographical indications;

b/ Using protected geographical indications for products similar to products bearing geographical indications for the purposes of taking advantage of their reputation and popularity;

c/ Using any sign identical with, or similar to, protected geographical indications for products not originating from geographical areas bearing such geographical indications and therefore misleading consumers as to that products originate from such geographical areas;

d/ Using protected geographical indications of wines or spirits for wines or spirits not originating from geographical areas bearing such geographical indication, even where the true origin of goods is indicated or geographical indications are used in the form of translations or transcriptions, or accompanied by such words as “category,” “model,” “type,” “imitation” or the like.

ESTABLISHMENT OF RIGHTS

The current IP Law of Vietnam defines a Layout-design of semiconductor integrated circuit (“layout-design” or “Topography”) as “a three-dimensional disposition of circuit elements and their interconnections in a semiconductor integrated circuit”.

Industrial property rights to a layout-design are established on the basis of registration.

OUR SERVICES

D&N International offers a full range of IP services in Vietnam in relation to Layout-designs including both Registration and Contentious Works. Please contact our attorneys for appropriate advice which apply to your specific matters.

GENERAL INFORMATION ON PROTECTION OF LAYOUT-DESIGNS

General conditions for layout-designs eligible for protection

A layout-design shall be protected when it satisfies the following conditions:

1. Being original;
2. Being commercially novel.

Subject matters excluded from protections as layout-designs:

The following subject matters shall not be protected as layout-designs:

1. Principles, processes, systems or methods operated by semiconductor integrated circuits;
2. Information or software contained in semiconductor integrated circuits.

Term of protection

Certificates of registered semiconductor integrated circuit layout-designs shall each have a validity starting from the grant date and expiring at the earliest date among the following:

• The end of 10 years after the filing date;
• The end of 10 years after the date the layout-designs were first commercially exploited anywhere in the world by persons having the registration right or their licensees;
• The end of 15 years after the date of creation of the layout-designs.

Provisional rights to layout-designs

a) For a layout-design which has, before the grant date of the certificate of registered semiconductor integrated circuit layout-design, been commercially exploited by the person with the registration right or his/her licensee, if such person knows that such layout-design is being used by another person for commercial purposes, he/she may notify in writing the user of his/her registration right so that the later shall terminate or continue such use.

b) Where the person notified of contents continues using such layout-design, as soon as a certificate of registered semiconductor integrated circuit layout-design is granted, the owner of such layout-design shall have the right to request the user of such layout-design to pay a compensation equivalent to the price for licensing of such layout-design within the relevant scope and duration of use.

Acts of infringing upon the rights to layout-designs

The following acts shall be regarded as infringements of the rights of owners of layout-designs:

a) Using protected layout-designs or any original part thereof within valid terms of protection titles without permission of owners;

b) Using layout-designs without paying compensations according to the provisions on provisional rights in the intellectual property law.

Obligation to pay remunerations to authors of layout-designs

a) Owners of layout-designs are obliged to pay remunerations to their authors, unless otherwise agreed upon by the parties.

b) The minimum level of remuneration payable by an owner to an author is provided for as follows:

• 10% of the profit amount gained by the owner from the use of a layout-design;
• 15% of total amount received by the owner in each payment for licensing of a layout-design.

c) Where a layout-design is jointly created by more than one authors, the remuneration level shall be applicable to all co-authors. The co-authors shall agree by themselves on the division of the remuneration amount paid by the owner.

d) The obligation to pay remunerations to authors of layout-designs shall exist throughout the term of protection of such layout-designs.