Chapter II
INDUSTRIAL PROPERTY RIGHTS TO BUSINESS SECRETS, GEOGRAPHICAL INDICATIONS AND COMMERCIAL NAMES
Article 6.- Business secrets
1. Protectable business secrets are investment yields in form of information that satisfy all the following conditions:
a/ Being those other than general knowledge;
b/ Being applicable to business activities, and when being used, such information may render their holders advantages over those who do not hold or use such information;
c/ Being kept secret by their owners with necessary measures, so that such information shall neither be disclosed nor easily accessible.
2. Other secret information irrelevant to business activities, such as: personal status, State management, security and national defense secrets, shall not be in the name of business secrets.
Article 7.- Owners of industrial property rights to business secrets
1. Owners of industrial property rights to business secrets are organizations and/or individuals that have made investment to create or acquire investment yields being business secrets.
2. In cases where a business secret is created or acquired by an employee or a contract performer while performing his/her/its assigned task, such business secret shall be under the employer’s or assignor’s ownership, except otherwise agreed upon by the involved parties.
Article 8.- Content and duration of the protection of industrial property rights to business secrets
1. Owners of industrial property rights to business secrets are entitled to possess, use and dispose of such business secrets according to the provisions of law.
2. Rights of owners of industrial property rights to business secrets shall be protected as long as such business secrets satisfy all the conditions prescribed in Clause 1, Article 6 of this Decree.
Article 9.- Transfer of industrial property rights to business secrets
1. Industrial property rights to business secrets may be transferred or inherited according to the provisions of law.
2. The transfer of industrial property rights to a business secret shall be effected in form of a written contract, in which the transferor must clearly state the business secret to be transferred. In cases where the contractual parties agree to transfer only the right to use the business secret (business secret license), the transferee shall be obliged to take necessary secret-keeping measures as required by the transferor.
Article 10.- Geographical indications
1. Protectable geographical indications are information on geographical origins of goods and meet all the following conditions:
a/ Being expressed in a word, expression, sign, symbol or image used to indicate a nation or a territory or a locality belonging to a nation;
b/ Being displayed on goods, goods packing or transaction papers related to the goods purchase and/or sale, in order to indicate that such goods have the origin from a nation, territory or locality, whereas the quality, prestige and reputation or other properties of such goods are principally attributed to their geographical origin.
2. If the geographical indications are appellations of goods origin, the protection thereof shall be effected according to the provisions of the current legislation on appellations of goods origin.
3. Geographical information, which have become common names of goods and/or are no longer capable of indicating geographical origins, shall not be protected in the name of geographical indications according to provisions of this Decree.
Article 11.- Those entitled to use geographical indications
Entitled to use geographical indications are all organizations and/or individuals that conduct activities of manufacturing goods bearing such indications on the corresponding national territory, territorial area or locality, provided that the goods manufactured by such organizations/or individuals must preserve the existing prestige or reputation of such type of goods.
Article 12.- Content of industrial property rights to geographical indications
1. Those entitled to use geographical indications may display such indications on goods, goods packing and/or transaction papers for purposes of purchasing, selling and advertising relevant goods.
2. The right to use geographical indications shall not be transferable.
Article 13.- Duration of the protection of industrial property rights to geographical indications
The right to use the geographical indications shall be protected as long as all the conditions regarding geographical indications prescribed in Clause 1, Article 10 and the conditions regarding manufacturing activities of those entitled to use geographical indications prescribed in Article 11 of this Decree are fully met.
Article 14.- Commercial names
1. A protectable commercial name is the proper name of an organization or individual used in his/her/its business activities and meets all the following conditions:
a/ Being a combination of alphabetical letters, which can be accompanied with numerals and pronounceable;
b/ Being capable of distinguishing the business subject bearing such name from other business subjects in the same business field.
2. The following kinds of names shall not be protected as commercial names:
a/ Names of administrative agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations or subjects irrelevant to business activities;
b/ Names used for purpose of exerting the function of commercial names, which are, however, incapable of distinguishing business subjects of business establishments in the same field;
c/ Commercial names which cause confusion with others’ commercial names which have previously been used in the same locality and in the same business field, or cause confusion with others’ trademarks, which have already been protected since before such commercial names are used.
Article 15.- Owners of industrial property rights to commercial names
Owners of industrial property rights to commercial names are organizations and/or individuals conducting business activities under such commercial names.
Article 16.- Contents of industrial property rights to commercial names
1. Owners of industrial property right to commercial names may utilize such commercial names for business purposes, by using the commercial names to introduce themselves in business activities or displaying them on transaction papers, signboards, products, goods, goods packing and advertisements.
2. Owners of industrial property rights to commercial names may transfer such commercial names under contracts or bequeath them to others, provided that the transfer must be effected together with the entire business establishments and business activities under such commercial names.
Article 17.- The duration of the protection of industrial property rights to commercial names
Industrial property rights to commercial names shall be protected as long as their owners sustain business activities under such commercial names.
Tìm kiếm
Nghị định 54/2000/NĐ-CP bảo hộ quyền sở hữu công nghiệp đối với bí mật kinh doanh, chỉ dẫn địa lý, tên thương mại và bảo hộ quyền chống cạnh tranh (Bản Word)