1. What is Intellectual Property? What are Intellectual Property Rights?

In simple terms, intellectual property involves the ownership of intangible assets that stem from human intellectual and creative activities. The objects of such ownership are intangible assets but have significant economic and moral value, contributing substantially to the formation and development of civilization, science, and technology for humankind.

Intellectual property rights are the legal rights of individuals and legal entities to intellectual assets created by humans. The objects of intellectual property rights include:

• Copyright: The protected objects under copyright law in Vietnam are literary, artistic, and scientific works created and expressed in a specific form and have originality. Copyright arises automatically upon the creation of a work in a particular form.
• Inventions and utility models
  • An invention is a new technical solution compared to the world's technical level, involving creativity and the potential for application in various socio-economic fields.
  • A utility model is a new technical solution to the world's technical level, with the potential for application in various socio-economic fields.
  • Those who wish to obtain rights to an invention or utility model must submit an application for a Patent to the Intellectual Property Office.
• Industrial designs
  • An industrial design refers to the external appearance of a product, manifested through lines, shapes, colors, or combinations of these elements. It must be new to the world and intended as a model for manufacturing industrial or handcrafted products.
  • Those who wish to obtain rights to an industrial design must submit an application for an Industrial design Patent to the Intellectual Property Office.
• Trademarks
  • A trademark is a sign used to identify and differentiate the goods or services of a particular business from those of other businesses. A trademark can consist of letters, numbers, words, images, drawings, three-dimensional shapes, or a combination of these elements.
  • Those who wish to obtain rights to a trademark must submit an application for a Certificate of Trademark Registration to the Intellectual Property Office.
• Trade names (Full company name)
  • A trade name refers to the name used by an organization or individual in its business operations. However, a trade name is not protected if it causes confusion with an already existing trade name used by another entity in the same area and business field.
  • A trade name is automatically protected through the Enterprise Registration Certificate.
• Trade secrets
  • Trade secrets refer to information acquired from financial or intellectual investments, which have not been disclosed and have commercial value.
  • The general conditions for protecting trade secrets include:

(i) It is not common knowledge and cannot be easily obtained;

(ii) Its use in business creates an advantage for the holder over those who do not hold or use the trade secret;

(iii) It is kept confidential through necessary measures to prevent disclosure and unauthorized access.

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2. What does an Intellectual Property Lawyer do?

An intellectual property lawyer typically assists clients through several specific activities such as:

• Consulting and registering intellectual property rights protection;
• Consulting and/or representing clients in dispute resolution during negotiations;
• Consulting and/or representing and/or protecting clients’ legal rights and interests in court proceedings;
• Consulting and/or representing and/or protecting clients' interests in administrative complaints.

3. What are the requirements for an Intellectual Property Lawyer?

Intellectual property law is a highly specialized field, and the requirements for an intellectual property lawyer are equally stringent. Specifically, an intellectual property lawyer must:

• Have comprehensive knowledge in various fields;
• Have expertise and experience in business law;
• Have a high level of expertise in intellectual property law;
• Have strong logical and legal thinking skills;
• Have foreign language proficiency;
• Have experience in consulting and resolving intellectual property disputes.

4. Phong & Partners Law Firm – Intellectual Property Lawyer in Vietnam

Phong & Partners Law Firm, led by Lawyer Le Ngo Hoai Phong, who has over 20 years of experience in intellectual property law, offers intellectual property services for individuals and businesses, including:

• Consulting and representing clients in handling intellectual property infringements;
• Consulting and registering intellectual property protection for various assets;
• Providing training on intellectual property law practices