Subject matters of intellectual property rights in Vietnam is divided into three groups included: subject matter of copyright, subject matter of industrial property rights, subject matter of rights to plant varieties

1. Subject Matters of Intellectual Property Rights in Vietnam
Subject matters of intellectual property rights in Vietnam is divided into three groups
included: subject matter of copyright, subject matter of industrial property rights, subject
matter of rights to plant varieties. In details:
Protect Intellectual Property Rights in Vietnam
-The subject matter of copyright shall comprise literary, artistic and scientific works; the
subject matter of copyright related rights shall comprise performances, audio and visual
fixation, broadcasts and satellite signals carrying coded programmes.
-The subject matter of industrial property rights shall comprise inventions, industrial
designs, designs of semi-conducting closed circuits, trade secrets, marks, trade names and
geographical indications.
-The subject matter of rights to plant varieties shall comprise plant varieties and
harvested materials.

2. Pursuant to Intellectual Property right 2005 (amended in 2009), Intellectual property
rights means rights of an organization or individual to intellectual assets comprising
copyright and copyright related rights, industrial property rights and rights to plant
varieties. For example, software computer program can be protected under Copyright, or
name of a product can be protected under Industrial property right that is Trademark or
the outward appearance of a car can be protected as Industrial design.
However, intellectual property rights are generated and established based on certain
grounds:
Firstly, copyright shall arise at the moment a work is created and fixed in a certain
material form, irrespective of its content, quality, form, mode and language and
irrespective of whether or not such work has been published or registered. For instance, a
musician is about to write a song, however, the idea of the song still bears in mind of the
musician and have not written down yet. At that time, copyright of the musician still does
not generate.
Secondly, related rights shall arise at the moment a performance, audio and visual
fixation, broadcast or satellite signal carrying coded programmes is fixed or displayed
without causing loss or damage to copyright. Related right is the right related to
copyright. Proceeding to above example, when the musician has finished writing his song
and is sung by the singer on stage, the right of the singer to sing the song of the musician
is related right.
Thirdly, different grounds for the generation and establishment of industrial property
right. As said above, industrial property rights include 7 subject matters: inventions,
industrial designs, designs of semi-conducting closed circuits, trade secrets, marks, trade
names and geographical indications. These subjects have different grounds for generating
and establishing right:
-Industrial property rights to an invention, industrial design, layout design, mark or
geographical indication shall be established on the basis of a decision of the competent
State body to grant a protection title in accordance with the registration procedures;
-Industrial property rights to a trade name shall be established on the basis of lawful use
thereof;

3. -Industrial property rights to a trade secret shall be established on the basis of lawful
acquirement of the trade secret and maintaining confidentiality thereof.
Fourthly, rights to a plant variety shall be established on the basis of a decision of the
competent State body to grant a plant variety protection title in accordance with the
registration procedures
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