Nowadays, in the current working process, intellectual property (IP) law is a problem that many individuals, businesses and organizations in Vietnam need to learn about and pay attention to. Because of that reason, legal advice IP is one of the important service areas of INA Law firm.

The importance of registering for IPR protection

Registration for IPR protection is one of the most important things for individuals, businesses and organizations because IP is an intangible asset but the commercial value of it is immeasurable.

There are many cases of small and medium enterprises, even large enterprises, skip this important step. So, please carefully read study the following cases to understand better the meaning of registering for IPR protection:

1. The owners of “Tam Mao TV” was lost their Youtube channel due to copyright issues

At the beginning of May 2021, netizens was shocked when they heard that Tam Mao TV (a famous Youtube channel in Vietnam) was in danger of being removed because of the trademark copyright issue. Channel owners confided:

“My brother and I have created “Tam Mao TV” channel for nearly 3 years. We did not pay attention to the trademark registration of “Tam Mao TV”. Someone has just registered the “Tam Mao TV” trademark in April 2021 to the Intellectual Property Office of Viet Nam and request to delete our channel on Youtube”.

After 3 years of building “Tam Mao TV” to become a famous Youtube channel, “Tam Mao TV” was registered by others and lost the trademark so they must change name of Youtube channel to “T&M”.

2. Instagram has not yet registered their trademark in Vietnam

Instagram is a famous social networking service in the world, but has not yet registered for trademark protection in Vietnam. In 2015, someone registered the trademark “Instagram”, group 38. Soon after, Instagram made the application and opposed the Vietnamese application in 2016.

However, Instagram’s application was rejected due to a duplicate of the previously submitted application. Instagram is still working to oppose the application, taking back the trademark up to now.

Those are two examples that the importance of trademark registration, Besides, there are many cases of well-known marks being “stolen” due to lack of trademark registration. Certainly, businesses do not want their intellectual property belong to someone else.

Unfortunately, at present, the trademark registration mechanism under Vietnamese law is “First to file”, which means that the first applicant for trademark registration will be a valid application. Unlike the US legal system and some other countries that recognize the application of the trademark first (First to use) will be recognized as a valid application.

Therefore, if your business has intellectual property has been using, it should be registered as soon as possible.

The provisions in IP law of Vietnam:

Objects of IP law are intangible, elusive but valuable material and spiritual products that contribute to the development of economy.

IP rights consist of three main parts: Copyrights, related rights to copyright; Industrial property rights; Rights to plant varieties.

Owners have the right to control IP, prevent other subjects from exploiting and using the property under their IP rights.

Contents of INA Law’s legal consulting services on intellectual property rights

In order to support organizations, individuals and enterprises to protect their rightful and legitimate ownership, INA Law provides legal consulting services in the field of intellectual property (IP) rights with the following contents:

– Consulting on establishing rights to applications of trademarks, copyrights, product designs, inventions, solutions… according to the regulations in Vietnam and abroad.

– Consulting on renewal of protective certificates, IP.

– Consulting, implementing dossiers and procedures for transferring ownership or changing the name on applications/ registrations related to IP rights.

– Consulting and representing owners in complaining as well as handling violations related to IP rights.

– Consulting on licensing contracts, technology transfer related to IP rights.

– Consulting and implementing procedures for transferring commercial rights and IP rights.

– Consulting on brand evaluation.

– Assessing IP rights.

With all legal issues related to IP rights, INA Law’s professional and experienced lawyers will directly supervise and handle according to client’s request. Not only do well the legal procedures and issues, but lawyers of INA Law also dedicated advise clients on the strategies for building as well as developing and increasing profits from their IP rights.