The value of intellectual property rights for socio-economic development, towards building an advanced social culture. To raise awareness of intellectual property rights, countries have conducted nationwide education to raise public awareness of intellectual property rights. Professor Anil Gupta of India has traveled to rural areas to grant patents to local inventors and has granted many patents such as traditional medicine methods and agricultural motorbike manufacturing methods.
Registration of intellectual property rights in most countries is relatively quick and inexpensive, especially copyright registration. Although copyright protection begins when a work is physically identified, copyright registration provides additional important benefits in some countries. While some WTO members (including the United States) maintain registrations for copyrighted works, the TRIPS agreement eliminates the use of mechanisms such as registration as a prerequisite for foreign nationals to initiate litigation to prevent copyright infringement or to recover costs, including attorneys' fees, of enforcing copyright. Thus (e.g., the United States) may require its nationals, but not foreign authors, to register works with the United States Copyright Office. In addition, in some countries, copyright registration is the primary evidence of the validity and intellectual property rights of a copyright.
The United States recently enhanced its protection of copyrighted works as part of the Digital Millennium Copyright Act, or CDMA. For example, in the United States, a DF copyright of an individual author created before or after January 1, 1978, lasts for the life of the author plus 70 years after the author's death. However, if the work was created for
Copyright lasts 120 years from the creation of the work or 95 years from the first publication, whichever is shorter.
Japan's experience shows that: Intellectual property protection is extremely necessary. Japan has a national intellectual property strategy program. In this strategy, Japan focuses on 5 contents: Strategy on increasing patents; Strategy on effective use of patents; Strategy on patent protection; International strategy on intellectual property; Legal strategy on intellectual property. With such strategic contents, Japan is currently considered a country with the ability to rise to the top of the world in intellectual property.
For developing countries, the issue of intellectual property protection is increasingly of concern, with China being a typical example. Intellectual property protection in China is no longer a spontaneous activity of economic entities but is of concern to the authorities, in the face of the increasing trend of intellectual property rights violations in the country's economy, to the point that the United States has declared that it may sue China for intellectual property rights violations, because the US Chamber of Commerce said that it is estimated that each year US companies lose 200 million USD in the Chinese market due to counterfeit goods. The US-China trade deficit in 2004 reached 162 billion USD; Corporations in the music, film and software industries estimate that they lose 2.5 to 3 billion USD each year through the sale of illegal copies of their products [67, p.9]. This situation has forced the Chinese authorities to take action, and currently the country's intellectual property protection activities have achieved many results. According to statistics released by the statistics agency of the State Council of China in Beijing on April 21, 2005, in recent years, when legal progress has been made regarding
As for trademarks, public awareness of intellectual property is increasingly enhanced. By the end of 2004, China had 2 million 240 thousand registered trademarks, 136 thousand applications more than in 2003, about 30% more than in 2003, the number of applications in 2004 was 2.17 times more than in 2001 when China joined the WTO. Statistics show that in 1980, the number of applications was only 20 thousand, by 1993 this number had reached 132 thousand. In the 5 years from 2000 to 2004, the number of applications quickly surpassed 200 thousand; 300 thousand; 400 thousand; 500 thousand and by the end of 2004 it had reached 1 million 906 thousand. This means that an additional 256,000 applications have been filed in the past five years, compared to the total number of applications filed from 1980 to 2004. This is because China's investment environment has been continuously improved, especially since its accession to the WTO, with both foreign and domestic applications increasing. In 1982, there were only 1,565 foreign applications for trademark registration in China. The number exceeded 20,000 in 1993 and exceeded 60,000 in 2004. Before 1979, only 20 countries and regions had 5,130 trademarks registered in China. By the end of 2004, 129 countries and regions had 403,000 trademark applications in China. This figure has increased 79 times compared to 1979, accounting for 18% of trademarks registered in China [67, p.11].
In summary : Intellectual property protection plays an important role in the modern economy, especially in the context of economic globalization. In order to encourage invention, innovation, attract investment and technology transfer, and promote regional and international economic integration, each country must strictly enforce the law on intellectual property protection.
Chapter 2
SITUATION OF INTELLECTUAL PROPERTY RIGHTS PROTECTION IN VIETNAM IN RECENT TIMES
2.1. The situation of intellectual property registration in Vietnam in recent times
2.1.1. Status of industrial property registration
In Vietnam, in the period before the renovation, according to the provisions of the law, intellectual property was owned by the entire people, the authors of research works and inventions were granted copyright certificates, but the ownership belonged to the state [61, p.8]. The authors of research works, inventions and patents were mainly encouraged by spiritual benefits. All of those works were put into free use to solve technological difficulties in the socio-economic development of the country, thus not promoting creativity and not encouraging scientists in the transition to a market mechanism. Since 1987, when the law on intellectual property protection was issued, the view on intellectual property in state management activities was gradually reformed. The intellectual properties of individuals or creative organizations are granted exclusive patents by the state, publicly recognizing copyright and protecting ownership of those intellectual properties. This change has created a practical turning point in the state's management of creative research activities. Propaganda work to raise awareness of intellectual property rights for all citizens is constantly being promoted. Intellectual property rights are protected to resolve deadlocks in disputes in the community and society, helping the state to perfect the economic management system in the renovation period.
of the country. Shifting from the mechanism of “free use” of the results of creativity to the mechanism of “If you want to use the results of others, you must fulfill the corresponding financial obligations” [52]. This is in accordance with international law and practice, it is a driving force for creative activities, contributing to turning the economy into a modern economy.
The promulgation of the intellectual property protection ordinance, the sanctions on intellectual property protection have been expanded, it is not only limited to the administrative scope as before, in which the court system has a legal basis to conduct proceedings related to intellectual property rights. One of the important points mentioned in the intellectual property protection ordinance is the change in the protection principle (Intellectual property protection ordinance dated January 28, 1989), replacing the patent for the author with the granting of exclusive patents. This is an important milestone marking the fairly early transition of our country among socialist countries, the policy on scientific and technological activities is suitable for the expanding market economy.
The Patent Office (now the Intellectual Property Office) is a state agency that manages intellectual property activities, individuals carry out procedures to establish industrial property rights and coordinates with social organizations and creative associations in this field.
On April 11, 1984, the first patent and the first trademark registration certificates were granted on June 29, 1984. Since then, the number of patent and trademark applications as well as the number of patents and trademark certificates have increased continuously each year. By the end of 1989, the Patent Office had received 1,721 trademark applications and 531 patent applications, and had granted 1,550 trademark registration certificates and 81 patents (mostly patents).
Since 1989, the Patent Office has been accepting applications, examining and granting protection certificates for industrial designs and utility solutions. On June 26, 1989, the first industrial design patent and on September 24, 1989, the first utility solution patent were granted. By the end of 1989, the Patent Office had received 25 utility solution applications and 66 industrial design applications and had granted 4 utility solution patents and 87 industrial design patents. Thus, by the end of 1989, the Patent Office had received a total of 2,163 applications for industrial property protection and had granted 1,722 industrial property protection certificates of all kinds, of which more than 70% were granted to foreigners, mainly trademarks. This shows that foreign enterprises are very interested in the Vietnamese economic market, while Vietnamese enterprises' awareness of industrial property protection is still very limited [17, p.16].
To raise awareness of Vietnamese enterprises about the protection of industrial property rights and to keep up with the process of international economic integration, on October 28, 1995, the 9th National Assembly passed the Civil Code, which discusses industrial property rights (Chapter II, Part 6), with 26 articles stipulating the basic principles for establishing industrial property rights in our country. The content of these articles deals with issues of industrial property and technology transfer. Although there are no separate laws to protect each subject of industrial property like many countries in the world, the Civil Code has become the most effective legal basis for comprehensively implementing industrial property activities and creating an important turning point in the policy of protecting industrial property rights in our country. This demonstrates our determination to effectively implement intellectual property in international economic integration.
From 1989 to 2000, the number of applications for all types of industrial property protection increased dramatically.
Table 3: Number of applications for industrial property protection
Year
Patent registration | Register GPHI | Register KDCN | Register NHHH | |||||
Vietnamese Male | Water outside | Vietnamese Male | Water outside | Vietnamese Male | Water outside | Vietnamese Male | Water outside | |
1990 | 62 | 17 | 39 | 25 | 194 | 6 | 890 | 592 |
1991 | 39 | 25 | 52 | 01 | 420 | 2 | 1747 | 613 |
1992 | 34 | 49 | 32 | 01 | 674 | 14 | 1595 | 3022 |
1993 | 33 | 194 | 38 | 20 | 896 | 50 | 2270 | 3866 |
1994 | 22 | 270 | 34 | 24 | 643 | 73 | 1419 | 2712 |
1995 | 23 | 659 | 26 | 39 | 2023 | 108 | 2217 | 3416 |
1996 | 37 | 971 | 41 | 38 | 1516 | 131 | 2323 | 3118 |
1997 | 30 | 1234 | 24 | 42 | 999 | 157 | 1645 | 3165 |
1998 | 25 | 1080 | 15 | 13 | 931 | 126 | 1614 | 2028 |
1999 | 35 | 1107 | 28 | 14 | 899 | 137 | 2380 | 1786 |
2000 | 34 | 1205 | 35 | 58 | 1084 | 119 | 3483 | 2399 |
Total | 374 (5.3%) | 6811 (94.7%) | 364 (57%) | 275 (43%) | 9279 (90.9%) | 923 (9.1%) | 21583 (44.7%) | 26717 (55.3%) |
Maybe you are interested!
-
Linking the Issue of Intellectual Property Rights Protection with the Protection of National Interests, Serving the Socio-Economic Development Goals of the Country -
Intellectual Property Protection in Vietnam - 1 -
Protection of performers' rights under Vietnamese intellectual property law - 12 -
Strengthening the Propaganda and Education of Laws on Intellectual Property Rights Protection -
Theoretical and practical basis for perfecting the law on intellectual property protection procedures at the People's Court of Vietnam today - 1
Source: Department of Industrial Property 20 years of development and growth
Thus, in 10 years, the Department of Industrial Property has received a total of 66,326 applications for protection of industrial property rights of all kinds. Of these, the total number of applications from Vietnamese people is 31,555 applications, accounting for 47.5%, and from foreigners is 34,771 applications, accounting for 52.5%.
It is worth noting that the number of applications from foreigners and the number of protection certificates granted to foreigners account for a large proportion of the total number of applications that the National Office of Industrial Property has received and granted protection certificates (52.5%). These are companies that have, are, or will invest in Vietnam. Many foreign companies have registered hundreds of industrial property applications in Vietnam, such as Unilever (Netherlands) with 696 registered trademarks. This demonstrates the great interest of foreign companies in protecting industrial property rights in Vietnam as well as their trust in the industrial property protection system in our country.
In the country, many enterprises have paid attention to the registration and protection of industrial property rights. If in the years before 1990, the rate of applications by foreigners was 70%, and by Vietnamese was 30%, then in the 10 years from 1990 to 2000, the number of applications and protection certificates by Vietnamese people gradually increased to 47.5%. Many certificate holders have actively exploited protected objects in production and business activities, especially trademarks and industrial designs. Many products with protected trademarks have become famous products at home and abroad, many enterprises have become owners of dozens of trademarks and industrial designs.
For example: Vietnam Tobacco Corporation has 143 brands. District 5 Food Company, Ho Chi Minh City has 58 brands.
Vietnam Dairy Products Company (Vinamilk) has 23 brands…(Source: Department of Intellectual Property).
Among them are brands worth millions of USD (like Vinamilk, Da Lan toothpaste).