How to protect intellectual property rights for businesses

Intellectual property rights include copyright, related rights, industrial property rights and plant variety rights. Establishing this right protects a business’s intellectual property from infringement. Enterprises establish rights through registration with the National Office of Intellectual Property or they arise automatically. Violations of intellectual property rights may be handled according to law. This article will guide you on how to effectively protect intellectual property rights for your business.

Protect intellectual property rights

Overview of intellectual property rights

Intellectual property rights are protected

Article 3 of the Law on Intellectual Property 2005, amended and supplemented in 2009, stipulates that protected objects include:

• Copyright protects literary, artistic and scientific works;
• Copyright-related rights protect performances, audio recordings, video recordings, broadcasts, and satellite signals carrying encrypted programs;
• Industrial property rights include inventions, industrial designs, semiconductor integrated circuit layout designs, business secrets, trademarks, trade names and geographical indications;
• Rights to plant varieties include propagating materials and harvesting materials.

Enterprises need to correctly identify the objects that need protection to apply appropriate measures.

The importance of intellectual property rights for businesses

Protecting intellectual property rights brings many benefits to businesses. Registering for protection helps businesses protect their innovations and assets, preventing competitors from copying their products and technology. The exclusive right to exploit intellectual property creates a competitive advantage in the market. Protected intellectual property also contributes to enhancing brand value and attracting investment for businesses. Effective protection of intellectual property rights is an important factor for sustainable business development.

Measures to protect intellectual property rights

Develop a strategy to protect intellectual property

Businesses need to develop a comprehensive intellectual property protection strategy. This strategy includes:

• Review and evaluate existing intellectual property;
• Identify objects that need priority protection;
• Choose appropriate protection methods;
• Build internal management processes and market monitoring.

Businesses need to consider costs and benefits when deciding on protection. For important intellectual property, it is advisable to register for protection in target markets. The protection strategy needs to be reviewed and updated periodically to match the development of the business

Apply technical and technological measures

Technical measures and technology play an important role in preventing and detecting intellectual property rights infringement. According to Article 198 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022), businesses have the right to apply technological measures to protect their rights. Common measures include:

• Mark copyright on the product
• Use anti-counterfeit stamps
• Data encrypt
• Software protection lock.

For confidential documents and internal information, businesses need to apply security measures such as decentralizing access, encrypting data and monitoring access activities. Businesses should use online monitoring tools to detect violations in the digital environment. Applying artificial intelligence in big data analysis also helps businesses detect more sophisticated violation patterns.

Take legal measures

Legal measures create the basis for enforcing intellectual property rights. This measure includes: registering for protection at a competent authority, signing confidentiality agreements with employees and partners, and recording ownership rights in contracts.

Industrial property rights to inventions, trademarks, and industrial designs are established on the basis of decisions of state management agencies on industrial property rights to grant protection certificates. Copyright can be registered to receive a Certificate. Trade secrets should be protected by reasonable security measures. Businesses should also develop internal violation handling procedures. At the same time, prepare a plan when a dispute arises, including choosing a lawyer or a consulting organization specializing in intellectual property.

Legal basis: Article 10 of Decree 65/2023/ND-CP; Clause 1, Article 6 of the Law on Intellectual Property 2005 is amended and supplemented in 2009, 2019, 2022.

Enterprises file lawsuits to request protection of intellectual property rights

Handling intellectual property rights infringement

Identify infringements

Intellectual property infringement takes many diverse forms. Producing and trading in counterfeit trademarks and geographical indications is a common violation in the field of industrial property. Unauthorized copying and distribution of copyright-protected works often occurs in the field of culture and art. Illegal use of protected inventions and industrial designs is also a typical act of infringement.

Businesses need to clearly understand the signs of violations to promptly detect and handle them. Collecting and preserving evidence of violations such as product samples, images, and videos is an important basis for effective handling. Inspection by a specialized agency helps determine the exact level of infringement.

Handling measures according to legal regulations

The law provides for a variety of measures to handle intellectual property rights violations. Depending on the nature and extent of infringement, they can be handled by:

• Civil remedies include forcing an end to the infringement, a public apology, performing civil obligations, compensation for damages, and destruction or distribution for non-commercial purposes;
• Administrative measures include warnings, fines and one or more additional sanctions;
• Criminal measures include imprisonment, fines, and bans from holding certain positions, practicing certain professions, or doing certain jobs.

In case of necessity, competent authorities can apply temporary emergency measures to control import and export goods.

Legal basis: Article 202, Article 211 and Article 212 of the 2005 Law on Intellectual Property amended and supplemented in 2009; Decree 131/2013/ND-CP; Article 225, Article 226 of the 2015 Criminal Code were amended and supplemented in 2017.

Dispute resolution

Disputes over intellectual property rights can be resolved in many ways:

• Negotiation and mediation help parties reach an agreement quickly;
• Commercial arbitration is a suitable choice for disputes between businesses and parties with arbitration agreements;
• Filing a lawsuit in court is the last resort when other methods are ineffective.

Businesses need to consider the pros and cons of each method to choose appropriately.

Consulting services to protect intellectual property rights

Professional consulting services help businesses protect intellectual property rights effectively. Consulting services provide many support services from registration of protection to handling of infringement. Businesses should consider using services that suit their needs.

Key consulting services include:

• Intellectual property assessment: Identify IP objects that need protection, analyze value and importance, assess infringement risks…
• Consulting on protection strategies: Building IP strategies, consulting on choosing forms of protection, planning domestic and international registration…
• Support for registration of protection: Prepare registration documents, monitor the approval process, respond to requests from the registration agency…
• Consulting on handling infringement: Proposing appropriate handling measures, supporting negotiations, consulting on lawsuits, resolving disputes…

Businesses need to choose a reputable and professional consulting unit. Using professional services helps save time, costs and achieve high efficiency in protecting intellectual property rights.

Experts advise on how to protect intellectual property rights

Protecting intellectual property rights is protecting the results of labor and development opportunities of the business. You need to firmly understand the law, establish rights properly, and apply appropriate measures when violated. If you need in-depth support on intellectual property, please contact Long Phan via hotline 0906.735.386 for detailed advice.