[IP 2] Introduction to Intellectual Property Rights

(Based on the Law on Intellectual Property of Vietnam)

In the context of a rapidly developing knowledge-based economy where innovation activities have become a key driver of growth, having an accurate and comprehensive understanding of Intellectual Property is becoming increasingly important.

Intellectual assets are the results of creative activities in various fields—from literature, arts, and science - technology to commerce and agriculture. They may take the form of an artwork, software, technological process, trademark, or a new plant variety. These assets not only carry spiritual and cultural value but can also generate economic benefits, contributing to improving the competitiveness of organizations and enterprises. Therefore, protecting Intellectual Property helps prevent acts of copying and unauthorized use, ensuring that creative achievements are properly recognized and exploited.

Intellectual Property Rights refer to the rights of organizations and individuals over their intellectual assets, which are recognized and protected by law as a special type of property. This means that innovations, works, and technical solutions—once expressed in a tangible form—can become lawful assets and be granted protection by the State. Under legal provisions, Intellectual Property Rights include copyright and related rights; industrial property rights; and rights to plant varieties.

1. Categories of Intellectual Property Protected by Law

Vietnamese law identifies three main categories of subject matter protected by the State:

• Copyright-protected subject matter includes literary, artistic, and scientific works; related rights (also known as neighboring rights) include performances, sound recordings, video recordings, broadcast programs, and encrypted satellite signals carrying programs.
• Industrial property subject matter includes inventions, industrial designs, layout designs of semiconductor integrated circuits, trade secrets, trademarks, trade names, and geographical indications.
• Subject matter protected under plant variety rights includes plant varieties and reproductive materials.

2. Classification of Intellectual Property Rights According to the Law on Intellectual Property

Along with identifying protected subject matter, the Law on Intellectual Property also classifies Intellectual Property Rights into three major groups to reflect the protection mechanisms and legal nature of each type of asset:

• Copyright and related rights: Protect creative works in literature, arts, and science, as well as rights arising from performances, the production of sound and video recordings, and broadcasting activities.
• Industrial property rights: Protect outcomes of technological innovation, commercial identification elements, and valuable business information, thereby promoting developments in science–technology and commerce.
• Rights to plant varieties: Protect newly created plant varieties that meet the requirements of novelty, distinctness, uniformity, and stability, contributing to the development of agriculture and biotechnology.

3. The Role of Intellectual Property in Development

Intellectual Property not only safeguards creators but also fosters a favorable environment that encourages research, innovation, technology transfer, and brand development. Compliance with Intellectual Property regulations enables organizations and individuals to maximize the value of their intellectual assets while minimizing legal risks in research, production, and business operations. In the context of deepening international integration, knowledge of Intellectual Property has become essential for sustainable development and enhancing competitiveness in the global market.

Currently, the Center for Innovation and Technology Transfer is receiving patent registration applications from individuals, lecturers, researchers, and enterprises.

For further information, please contact:

Center for Innovation and Technology Transfer - TDTU

• Address: Room F.0104 - 19 Nguyen Huu Tho Street, Tan Hung Ward, Ho Chi Minh City
• Phone: (028) 3776 0653 – 037 246 1275 (Ms. Que Tran)
• Email: citt@tdtu.edu.vn
• Facebook: https://www.facebook.com/citt.tdtu/