The tools allow a business to protect intellectual property

Intellectual property is something you have created. It is not just an idea. It must have a content. It can be material such as a design or immaterial such as a software.

To protect intellectual property in a business, different tools can be used depending on your type of creation. There are two mainly different types of protections : automatic protection and protection you have to apply for.

1 - Two types of automatic protections : Copyright and Design right

For these both protections you don’t to do any application or pay any fee. Copyright and Design right prevent people from using your work without your permission.

Copyright:

Copyright protection encompasses art, photography, web content, films, music…

To inform that your idea is protected you can mark your work with the following :

The copyright symbol : ©

Your name

The year of creation

If your country has signed international agreements, your work can be protected overseas. Usually the protection lasts around 25 years for photographs and 50 years for the other types of work.

Design right:

Design right protects the shape and configuration of your object. To benefit from this right you will have to prove the date of creation. This protection lasts 10 years once it is sold and 15 years from its creation.

2 - Application for protection : Trade marks, patents, registered designs

With the following protections you have the right to take a legal action against someone who uses your creation or invention without your permission.

Trade marks:

Logos, jingles and product names can be protected by Trademarks. The protection lasts 10 years. However it is renewable.

Patents:

A patent is an effective protection for your invention. However the process is time-consuming and very expensive. For instance your invention can be an artistic work, a playing game or a diagnosis. To benefit from this protection, your invention has to be new.

Registered designs:

By registering your design you protect its appearance, decoration or shape. The protection lasts up to 25 years (you have to renew it every 5 years).

At last, to protect your intellectual property you can also sign an non-disclosure agreement. In the contract you share confidential information that can include intellectual property. The second party is not allowed to disclose this information.

Source: Quora

If you are looking for an experienced IP attorneys in Vietnam to help you with your IP application, you should visit ANT Lawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP. Hope this helps!

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How do I find out whether a product is copyrighted or not?

All artistic, literary, and musical works have copyright protection the instant they are fixed in a physical form.

Copyright in Vietnam 

-If you sketch an illustration on a cocktail napkin, it’s copyrighted.

-If you take a photograph with a camera, it’s copyrighted.

-If you write a blog post that has at least a minimal degree of creative authorship, it’s copyrighted.

-If you make up a new tune and record yourself whistling it, it’s copyrighted.

However, that copyright doesn’t last forever. The duration of copyright protection varies from country to country, and may depend on such factors as whether it was created by an individual or a corporation, and if and when it was published. For most countries, copyright protection lasts for 50–70 years after the creator’s death.

So, find out what the laws of your country are on copyright duration, and research the relevant factors for the creative work whose copyright you are trying to determine.

Source:David Mullich

If you are interested in finding a Copyright Law Firm in Vietnam, let ANT Lawyers help. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529. Best of luck!

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How does album art licensing work?

Licensing is a great way to make some money while retaining some rights to your artwork. There are many ways to structure a licensing agreement for album art. Which route you decide to go can have a profound impact so contacting an attorney is recommended. Here are some options for licensing artwork:

Copyright in Vietnam

One-time use: allows the artwork to be used one time only. Any further use of the work would require a new agreement.

All rights for limited time: allows the band to use the artwork in any capacity they need, but for a specific period of time detailed in the contract. Once that period has passed, all rights revert back to the artist.

All right for a limited purpose: allows the band to use the artwork only on a specific product (for example - an album cover). This contract should be very descriptive regarding the purpose for the artwork. This contract usually enables artists to sell the artwork to other clients (that aren’t in competition with the band).

All rights for limited time and purpose: allows the band to use the artwork on a specific product but for a limited time. During that time, the band may only use the artwork on the specified product (for example an album cover). Once the agreed upon time has expired, all rights revert back to the artist.

Source: Quora

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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How do I know if something is copyrighted, such as a name or word? What should I know about copyright law?

Copyright is the exclusive legal right, given to a creator to copy, print, publish, perform, film, record, or make derivative works of their creative work, and to authorize others to do the same. This prevents other people from using someone else’s creative work (novel, poem, play, song, photograph, painting, movie, software) without compensating them for the creator’s effort.

Copyright in Vietnam

The United States and some other countries do recognize cases where you can use someone else’s copyrighted work without their permission for limited purposes. This is Fair use, permitting you to use a minimal portion of their work for such transformational purposes as criticism, news, education, research, and parody, such that you are not harming the market for the original work. An example of Fair Use is showing a short clip of a movie during a movie review, or showing a photograph of a painting in a news report about the painting being auctioned for a record amount.

Note that words, names, and titles are not protected by copyright. After all, it would not be to anyone’s benefit if you were not legally allowed to say someone else’s name. write down a word they made up, or display the title of a book without their creator’s permission.

However, words, names and short phrases (as well as logos) can be protected as trademarks used to identify commercial products and services — such as “McDonald’s” restaurants and “Nike” shoes — and you cannot use someone else’s trademark for a competitive product or service. This is to prevent consumers from being confused about who actually made that product or performs that service. You can find out whether someone has registered a word, phrase or logo as a trademark with the US Patent and Trademark Office through this government website: Search trademark database. However, to be safe, you should have a trademark attorney search for you, as some people may be using a trademark without registering it with the USPTO.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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Why do copyrights last so long?

I strongly recommend that interested parties read this full article on Wikipedia covering copyright law and its evolution: History of copyright law

The good old House of Lords in England made the call in the mid 1700's that both Public Domain and statue-defined Copyright existed. France and the US were also grappling with how to promote, protect and ultimately share with the public any works. Remember, before this only a specific publisher in London would forever be the one with the right to print Shakespeare; a right under attack by devilish Scottish printers (how dare they!)

Now that the terms were subject to legislation, a moderate term of 14 years (with an extension of 14 more possible if the author was still alive) secured a limited monopoly that was intended to hold the author through to the end of his days and secure a reasonable inheritance for one's children. Not at all unexpected in societies that had Land Owners who derived profit by renting their land to use by farmers, workers or industry. (Read some Adam Smith if you want to hear more about how Rent is a fundamental element in economic understanding at the time.)

What is meant by copyright? 

Are eBooks protected by copyright?  

A hundred years later and we have internationalization of the scheme being defined in treaty. In the Berne Convention, signatories were all agreeing to Lifetime-plus-fifty-years as the new minimum term.

How did we get that jump? Again, the publishers constantly push things back toward their original conception of perpetual copyright. These expansions always cite the author's need, but benefit the business to an equal or greater amount. And terms have been pushed farther and farther out over the decades. Partially because it turns out there is big business in making sequels and derivative works.

Literature has turned from being primarily a means of disseminating information and turned into an entertainment venue where the public is voracious for new-but-familiar content. (Amusingly, this does not hold true for music, which falls completely out of public favor in about 40-50 years. Yet the RIAA is one of the fiercest fighters of copyright protections.)

Content publishers now fear that someone will make a better version of James Bond's Casino Royale if they are given the chance to make their own derivatives. And they are probably right. But that's not the best justification for 110-year-long copyright terms just so we can protect Mickey Mouse's first movie.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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