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Objects
for industrial property protection
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- Invention
- Utility Solution
- Industrial
Design
- Trademark
- Geographical
Indication
- Trade
Secret
- Geographical
Indication
- Trade
Name
- Rights
against unfair Competition
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Invention
to be protected must be a technical solution that is world-wide
new, involve an inventive step and industrial applicable (Art.
58.1, the Intellectual Law).
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Utility
Solution to be protected must be a technical solution that
is world-wide new and and industrial applicable (Art. 58.2, the
Intellectual Law).
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Industrial
Design to be protected must be a product's external shape,
which is formed by lines, three-dimensional form, and colors
or a combination thereof, and must be world-wide new,
to be used as the pattern for industrial or handicraft products
(Art. 63, the Intellectual Law).
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Trademark
to be protected must be a mark consisting of signs for distinguishing
goods or services of the same kind made by different producers.
A mark may be expressed by words, images or combination thereof
in one or several colors
(Art. 72, the Intellectual Law).
Famous
Trademark to be protected
in conformity with the Paris Convention and TRIPS
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Trade
Secret to be protected must be the result of investment
and presented in form of information, which is not popular knowledge
and can offer the owner advantages to others and must be kept
by necessary measures so that it can not be easily disclosed
to, or accessed by, public (Art. 6, Decree No. 54/2000/QD-CP).
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Geographical
Indications to be protected are information expressed in
form of words, signs, symbols or designs referring to a nation,
a region or territory, that indicate the geographic origin of
those goods or services, providing that their quality, reputation,
or other character is recognized by their actual originating
from the said nation, region or territory (Art. 79, the
Intellectual Law).
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Trade Name
to be protected is the name of entity or individual using in
trading transaction with the aim to distinguish it from traders
of the same field of business (Art.24 and 25, Decree No.
54/2000/QD-CP).
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The Rights
against unfair Competition concerning industrial property
are the rights to act against practices in trade or productions,
such as:
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Using other's
prestige or reputation;
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Using commercial
indications to distort image of, or information on, a business
entity, good or service (delusion);
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Misleading source
of goods or services, or production method, or utility quality
or quantity, or retail address, or supply condition;
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Appropriating
or using other's investment results without owner's authorization.
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