The protection of intellectual property rights reflects the responsibility and recognition of the law towards the achievements and efforts of individuals and organizations, the subjects of ownership rights. Provisions on the protection of intellectual property rights play a role in maintaining fairness, creating incentives to promote creativity, and contributing to the dedication of individuals and organizations in technical improvement activities, scientific research to create material and spiritual products for society, thereby promoting the global socio-economic development process.
One of the particularly important aspects of intellectual property rights is the regulation of limits and the duration of protection. The limits and duration of protection of intellectual property rights encompass the legal boundaries and the value of the time or period for the recognized legal protection of the owner’s rights.
What is the significance of establishing the duration of protection for intellectual property rights? What are the limits of intellectual property rights? Based on what foundation can the limits of intellectual property rights be established? How is the duration of intellectual property rights determined? Which objects do not fall within the scope of intellectual property protection?
Contents hideEstablishing limits for intellectual property protection helps ensure interests, commercial fairness, and social development. Hence, establishing the duration of intellectual property protection carries special significance:
Encouraging creative exploration as the foundation of development. Intellectual property is the result of a creative process, intellectual investment, effort, and financial resources of individuals and organizations. Recognizing and protecting the rights of creative subjects ensures fairness, creating favorable conditions to encourage and support individuals and organizations to engage in more research, scientific innovation, and technical improvement, thereby generating material and spiritual products for society.
Protecting intellectual property rights helps deter and prevent unhealthy competition, counterfeiting, and imitation activities that damage the reputation, dignity, and economy of businesses. Intellectual property protection contributes to minimize the losses and to encourage robust investment and development by manufacturers, thereby promoting domestic and international trade.
Limited intellectual property rights have restricted violations of intellectual property, counterfeiting, substandard products, and other forms of unfair competition, thereby reducing losses for business entities. By preventing unhealthy competition and infringements of intellectual property rights, this protection helps safeguard consumers, enabling them to have choices and access to quality goods and services.
Intellectual property rights contribute in promoting healthy commercial activities globally, which serves as a driving force for economic growth and attract technology transfer and foreign investment. In the current context of international integration, with the strong and continuous flow of tangible and intangible assets between countries, the protection of intellectual property rights also contributes to safeguarding national interests. Intellectual property protection is a mandatory obligation and a prerequisite for countries who are members of the World Trade Organization and those aspiring to join this organization. Many countries, particularly developing ones, consider intellectual property protection as an essential condition for establishing trade relations.
The basis for the establishment of intellectual property rights are provided in Article 6 of the Intellectual Property Law 2005, as amended in 2009, 2019, and 2022, as follows:
The limitations of intellectual property rights are stipulated in Article 7 of the Intellectual Property Law 2005, as amended in 2009, 2019, and 2022.
Intellectual property right holders shall only exercise their rights within the scope and duration of protection provided by the Intellectual Property Law 2005, as amended in 2009, 2019, and 2022.
The exercise of intellectual property rights shall not infringe upon the interests of the State, public interests, legitimate rights and interests of organizations and individuals, and shall not violate other relevant provisions of the law. Organizations and individuals exercising intellectual property rights related to the National flag, National emblem, and National anthem of the Socialist Republic of Vietnam shall not obstruct or hinder the dissemination and use of these symbols.
To ensure national defense, security, public welfare, and other interests of the State and society as stipulated in the Intellectual Property Law 2005, as amended in 2009, 2019, and 2022, the State has the right to prohibit or restrict intellectual property right holders from exercising their rights or may compel intellectual property right holders to permit other organizations and individuals to use one or more of their rights under appropriate conditions.
The duration of protection for intellectual property rights as prescribed in the Intellectual Property Law 2005, as amended in 2009, 2019, and 2022, is specified as follows:
According to the current legislation, the subjects protected by intellectual property rights include copyright and related rights, industrial property rights, and rights related to plant varieties. However, alongside these, there are also objects that do not fall under the protection of these rights.
According to Article 15 of the Intellectual Property Law 2005 and Article 8 of Decree 17/2023/NĐ-CP, three categories of objects are not within the scope of copyright protection:
According to Article 15 of the Intellectual Property Law 2005, the following objects are not protected under the guise of patents: inventions, scientific theories, mathematical methods, schemes, plans, rules, and methods for performing mental acts, playing games, conducting business; computer programs, ways of presenting information, solutions that are aesthetic in nature, plant varieties, animal breeds, processes for the mainly biological production of plants and animals, and methods for preventing, diagnosing, and treating diseases in humans and animals.
Under Article 64 of the Intellectual Property Law 2005, the following objects are not protected as industrial designs: the external shape of a product that is dictated by its technical function; the external shape of civil or industrial construction works; and the external shape of a product that is not visible during the use of the product.
Intellectual property rights have prescribed limitations and scope. Every intellectual property asset has a specific scope of protection. Accurately understanding the provisions of the Intellectual Property Law is essential to ensure the absolute protection of individuals and organizations’ rights and interests. Do not forget to follow us and access more useful information on our website. When needed, feel free to contact us for more detailed information and guidance: info@letranlaw.com.
When the global Internet search engine—with a market share of 83.49%–goes to trial against the U.S. Justice Department on antitrust violations, the stakes are higher than ever. The gravity of the 10-week trial has the power to fundamentally shift how people use the Internet and financially impact the company behind the world’s most-used search engine. Notably, this trial marks a significant moment in the U.S. government’s broader campaign against Big Tech corporations. However, this lawsuit is.
We live in a world where intellectual property (IP) stands as the lifeblood of businesses worldwide. Whether it’s cutting-edge technology, innovative designs, or brand identities, these are precious assets that need to be fiercely protected. Yet these are also the very things that are getting harder and harder to safeguard. Patents, copyrights, trademarks, and trade secrets – none of the four pillars of intellectual property are exempt from the emerging threats in our era of technological acceleration. Copyright.
In recent days, the discourse surrounding Artificial Intelligence (AI) and Intellectual Property Rights (IPR) has captured the attention of the technology and artistic creative communities… It is evident that AI-generated products are steadily increasing each day, presenting both new opportunities and challenges. However, presently, no national law or international convention has been enacted concerning the protection of creative works authored by an AI “creator.” Therefore, the interpretation of current law regarding AI creations falls under the.
Even though humanity is still far from the era of science fiction artificial intelligence (AI) depicted in movies, where robots can think, feel emotions, or even rebel, recent technological advancements such as machine learning and Generative AI (a type of AI aimed at generating new data based on existing data) have garnered the attention of the public and legal experts. Today, it no longer surprises anyone to witness AI engaging in conversations on any topic, writing.
What is copyright infringement? Copyright infringement is when someone unlawfully uses another person’s copyrighted work, which is protected by intellectual property laws. This includes copying, distributing, displaying, or performing the work without proper authorization. According to Article 5 of Decree No. 105/2006/NĐ-CP, infringement occurs when the following conditions are met: The work in question is covered by protected intellectual property rights. There is a clear indication of infringement in the work being examined. The person responsible.
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Emotional intelligence plays a key role in conflict resolution. People with strong analytical skills often tend to focus on the logical and right-wrong aspects of an issue, which is not the most effective approach for conflict resolution. Emotional intelligence is necessary to maintain self-control and avoid getting stuck in a right-wrong mindset. Knowing when to stay silent is also an important aspect of emotional intelligence in order to achieve a satisfactory outcome for all parties involved.
Litigation, a term derived from the Latin word “litigare,” meaning “to dispute,” is the process of taking legal action through courts to enforce or defend a legal right. It involves a series of steps, from the initial filing of a lawsuit to the final resolution, often through a court trial or settlement. This legal mechanism is fundamental in maintaining the rule of law, resolving disputes, and ensuring justice in society.
The litigation process typically begins when one party, known as the plaintiff, files a complaint against another party, the defendant. This complaint outlines the plaintiff’s allegations and the legal basis for the lawsuit. The defendant is then served with a summons and a copy of the complaint, providing formal notice of the legal action.
1. Pleadings: The initial phase of litigation involves pleadings, where both parties submit written statements. The plaintiff files a complaint, and the defendant responds with an answer, which may include counterclaims against the plaintiff. This exchange of documents establishes the issues in dispute and the positions of each party.
2. Discovery: Discovery is a critical phase where both parties gather evidence to support their claims and defenses. This process includes depositions, interrogatories, requests for documents, and admissions. Discovery ensures that both parties have access to relevant information, promoting transparency and fairness in the litigation process.
3. Pre-Trial Motions: Before the trial, parties may file various motions to resolve specific issues or potentially dismiss the case. Common pre-trial motions include motions to dismiss, motions for summary judgment, and motions to compel discovery. These motions aim to streamline the trial by addressing legal and procedural matters in advance.
4. Trial: If the case proceeds to trial, both parties present their evidence and arguments before a judge or jury. The trial involves opening statements, witness examinations, cross-examinations, and closing arguments. The judge or jury then deliberates and renders a verdict, determining the outcome of the case.
5. Post-Trial Motions and Appeals: After the trial, the losing party may file post-trial motions, such as a motion for a new trial or a motion for judgment notwithstanding the verdict. If these motions are denied, the losing party can appeal the decision to a higher court. The appellate court reviews the trial record and determines whether legal errors were made that could have affected the outcome.
Types of Litigation
Litigation encompasses various types of legal disputes, each with unique characteristics and procedures:
1. Civil Litigation: Civil litigation involves disputes between individuals, businesses, or organizations seeking monetary damages or specific performance. Common examples include contract disputes, personal injury claims, and property disputes. The burden of proof in civil cases is typically “preponderance of the evidence,” meaning that one party’s case must be more convincing than the other’s.
2. Criminal Litigation: Criminal litigation involves the prosecution of individuals or entities accused of violating criminal laws. The government, represented by a prosecutor, brings charges against the defendant. The burden of proof in criminal cases is “beyond a reasonable doubt,” a higher standard than in civil cases, reflecting the serious consequences of criminal convictions.
3. Administrative Litigation: Administrative litigation occurs when individuals or entities challenge the decisions or actions of government agencies. These cases often involve regulatory compliance, licensing, and enforcement actions. Administrative hearings are typically less formal than court trials, with specific procedures and rules governing the process.
The Role of Attorneys in Litigation
Attorneys play a crucial role in the litigation process, representing the interests of their clients and navigating the complexities of the legal system.
They provide legal advice, draft pleadings and motions, conduct discovery, negotiate settlements, and advocate for their clients in court. Effective litigation requires a deep understanding of substantive and procedural law, strategic thinking, and strong advocacy skills.
Conclusion
Litigation is a cornerstone of the legal system, providing a structured process for resolving disputes and upholding the rule of law. While it can be lengthy, costly, and adversarial, litigation remains an essential mechanism for achieving justice and accountability.
Understanding the stages, types, and roles involved in litigation is vital for anyone navigating the legal landscape, whether as a plaintiff, defendant, or legal professional.
