Intellectual property refers to creations of the mind, such as
inventions; literary and artistic works; designs; and symbols, names and images
used in commerce.
Intellectual property rights are
the rights given to persons over these creations. They usually give the creator
an exclusive right over the use of his/her creation for a certain period of
time. IP is protected in law by patents, copyright and trademarks,
which enable people to earn recognition or financial benefit from what they
invent or create.
Have a look at some of
the most common forms of intellectual property protected bylegal
provisions, along with their unique characteristics
Trademark
•
Applies to: Words, logos, slogans
•
Applicant: Business owners
•
Validity: Indefinite, but to be renewed every 10 years
•
Ownership without registration? Limited Rights for unregistered Trademark
holders
Copyright
•
Applies to: Photographs, movies, music, software code
•
Applicant: Artists & creative professionals, primarily but anyone can apply
•
Validity: Lifetime of the author, plus 60 years
•
Ownership without registration? Yes, but with qualifications. Limited Rights.
Patent
•
Applies to: Inventions & ideas
•
Applicant: Inventors & designers
•
Validity: 20 years
•
Ownership without registration? No
Provisional Patent
•
Applies to: Inventions & ideas
•
Applicant: Inventors & designers
•
Validity: 1 Year
•
Ownership without registration? No
Other than these
three* primary types, Trade Secrets are also a form of intellectual
property. What are those? Trade secrets typically rely on private measures
to be protected rather than state action. A trade secret is any information
that helps make the operation and functioning of a business or any other
enterprise smoother. The secret maybe a formula, process of manufacturing, list
of customers or a pattern of machines. An intellectual work is not a trade
secret if it is generally known within the industry, published in journals,
books, etc.
Businesses and
enterprises usually ask new employees to sign a contract to safeguard their
trade secrets before letting them join. However, anon-disclosure clause may be
added to the contract whereby the employee is not supposed to ‘disclose’,
reveal or share any of the company’s trade secrets.
*Provisional patent
serves as a preliminary to the permanent patent, and one must apply for a
permanent patent grant within 12 months of applying for a provisional patent.
If you’re looking to
read more about intellectual property then head to the Answers
page on the website ANTLawyers.vn. Also, we have pre-vetted, experienced Intellectual Property Lawyers in
Vietnam available to complete any IP work you need done for an
affordable price. Good luck!
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