Chương 3 Nghị định 103/2006/NĐ-CP hướng dẫn luật sở hữu trí tuệ về sở hữu công nghiệp: Chủ thể, nội dung, giới hạn quyền sở hữu công nghiệp

Chapter III

HOLDERS AND CONTENTS OF, AND LIMITATIONS ON, INDUSTRIAL PROPERTY RIGHTS

Article 15.- Industrial property rights holders

1. Industrial property rights holders include organizations and individuals being owners of industrial property objects specified in Article 121 of the Law on Intellectual Property or organizations and individuals being assigned the industrial property rights by owners, or authors of inventions, industrial designs or layout designs specified in Article 122 of the Law on Intellectual Property.

2. When a protection title for an invention, an industrial design, a layout design or a mark is commonly granted to more than one organizations or individuals according to the provisions of Clause 3, Article 86; Clause 5, Article 87; and Clause 2, Article 90 of the Law on Intellectual Property, the industrial property rights shall be under joint ownership of those organizations or individuals. Co-owners shall exercise the joint ownership according to the provisions of the civil law.

Article 16.- Scope of industrial property rights

1. Scope of industrial property rights to an invention, an industrial design, a layout design, a mark or a geographical indication is determined according to the scope of protection stated in the relevant protection title.

2. Scope of rights to a trade name is determined according to the scope of protection of the trade name, including the trade name, business domain and territory of business in which the trade name is lawfully used by the entity bearing such trade name. The registration of an appellation of a business organization or individual involved in business procedures shall not be considered the use of that appellation but merely constitute a condition for the use of that appellation to be considered lawful.  

3. Scope of rights to a business secret is determined according to the scope of protection of that business secret, covering a combination of information constituting the business secret, arranged in an accurate order and sufficient enough for utilization.

4. Industrial property rights holders are entitled to enjoy the rights and discharge the obligations within the scope of protection and under the conditions specified in Articles 132, 133, 134, 135, 136 and 137 of the Law on Intellectual Property.

Article 17.- Respect for previously established rights

1. Industrial property rights of an organization or individual may be invalidated or banned from exercise if they conflict with previously established intellectual property rights of another organization or individual.

2. The Planning and Investment Ministry assumes the prime responsibility for, and coordinates with the Science and Technology Ministry in, guiding the naming of enterprises in business registration procedures to prevent the infringement of rights to marks, trade names or geographical indications already under protection.

Article 18.- Rights of authors of inventions, industrial designs or layout designs

1. The moral rights of authors provided for in Clause 2, Article 122 of the Law on Intellectual Property are protected for an infinite term.

2. The right of authors to receive remunerations provided for in Clause 3, Article 122 of the Law on Intellectual Property is protected throughout the term of protection of their inventions, industrial designs or layout designs.

3. Unless otherwise agreed between the owner and the author, the payment of remuneration must be made within 30 days as from the date of receipt by the owner of the licensing fee or the proceeds from each period of use of his/her invention, industrial design or layout design. If the invention, industrial design or layout design is used continuously, each payment installment must be made within six months after the completion of the preceding installment.

4. The Finance Ministry coordinates with the Science and Technology Ministry in detailing and guiding the method for determination of proceeds from the use of inventions, industrial designs or layout designs.

Article 19.- Exercise of the state ownership right to geographical indications

1. Agencies and organizations which are entitled to manage geographical indications defined in Clause 4, Article 121 of the Law on Intellectual Property include:

a/ The People’s Committee of the province or centrally run city where exists the geographical area subject to the geographical indication, if the geographical indication concerns one locality;

b/ The People’s Committee of a province or centrally run city which is an authorized representative of the People’s Committees of other provinces or centrally run cities where exists the geographical area subject to the geographical indication, if the geographical indication concerns more than one locality;

c/ Agencies or organizations empowered by People’s Committees of provinces or centrally run cities to manage geographical indications, if those agencies or organizations represent interests of all organizations and individuals granted the right to use such geographical indications according to the provisions of Clause 4, Article 121 of the Law on Intellectual Property.

2. Organizations managing geographical indications are entitled to exercise the rights of owners to geographical indications provided for in Clause 2, Article 123 and Artile 198 of the Law on Intellectual Property.

3. The Agriculture and Rural Development Ministry, the Fisheries Ministry and the Industry Ministry assumes the prime responsibility for, and coordinates with the People’s Committees of provinces or centrally run cities in, identifying specialties, features of products, processes of production of specialties bearing geographical indications managed by ministries, branches or localities.

4. People’s Committees of provinces or centrally run cities carry out the registration and organize the management of geographical indications used for local specialties.

Article 20.- Keeping of confidentiality of test data

The Health Ministry and the Agriculture and Rural Development Ministry assumes the prime responsibility for, and coordinates with the Science and Technology Ministry in, guiding the keeping of confidentiality of test data in the procedures of registration for circulation of products specified in Article 128 of the Law on Intellectual Property.

Article 21.- Use of industrial property objects

1. Acts of circulating products specified at Point d, Clause 1; Point b, Clause 2; Point b, Clause 5; and Point b, Clause 7, Article 124 of the Law on Intellectual Property include acts of selling, displaying for sale or transporting products.

2. Products lawfully put on the market, including overseas markets, specified at Point b, Clause 2, Article 125 of the Law on Intellectual Property mean products already put on the domestic or overseas market by owners, licensees, including licensees under compulsory licensing decisions, or persons with the right to prior use of industrial property objects.

Article 22.- Use of inventions on behalf of the State

1. The use of inventions on behalf of the State for public and non-commercial purposes or in service of national defense, security, disease prevention and treatment, nutrition for the people, or to meet other urgent social needs specified in Clause 1, Article 133 of the Law on Intellectual Property is effected by ministries and ministerial-level agencies or by other organizations and individuals designated by them under their decisions on compulsory licensing of the inventions specified at Point a, Clause 1, Article 145 and the second paragraph, Clause 1, Article 147 of the Law on Intellectual Property.

2. Procedures for issuing decisions on compulsory licensing of inventions in case of use of inventions on behalf of the State comply with the regulations of the branch-managing ministries.

Article 23.- Obligation to use inventions

1. When there arise needs of national defense, security, disease prevention and treatment and nutrition for the people or other urgent social needs but holders of the exclusive right to use inventions fail to perform the obligation to manufacture protected products or apply protected processes to satisfy those needs according to the provisions of Clause 1, Article 136 and Clause 5, Article 142 of the Law on Intellectual Property, the Science and Technology Ministry may license such inventions to other organizations or individuals by issuing decisions on compulsory licensing of inventions according to the provisions of Point b, Clause 1, Article 145 and the first paragraph, Clause 1, Article 147 of the Law on Intellectual Property.

2. When needs of national defense, security, disease prevention and treatment and nutrition for the people or other urgent social needs are satisfied by imported products or products manufactured by licensees of inventions under licensing contracts, holders of the exclusive right to use inventions shall not perform the obligation to manufacture protected products or apply protected processes mentioned in Clause 1 of this Article.