RIGHTS AND OBLIGATIONS OF AUTHORS AND PATENT OWNERS
In order to help clients better understand the rights and obligations of the authors, patent owners, Doanh Tri Law firm would like to introduce some provisions of the current Intellectual Property Law on the above issue as follows:
I. What is an invention?
According to the Intellectual Property Law 2005, amended and supplemented in 2009, “Patent is a technical solution in the form of a product or a process to solve a problem identified by the application of natural rules."
II. What is a patent owner?
- According to the Intellectual Property Law 2005, amended and supplemented in 2009, "Patent owners are organizations and individuals that have been granted patent protection by competent agencies."
- The patent owner can be one of the following:
● The author creates inventions, industrial designs, layout designs with his own effort and cost.
● Organizations and individuals invest funds and material facilities for authors in the form of work assignments or job hiring except for other agreements from parties.
III. Rights of inventors
- An inventor is a person who directly creates an industrial property object. In the event that two or more persons directly create an industrial property object, they are the co-authors. The inventor has moral rights and property rights.
- Moral rights of an inventor include the following:
● Being named the author of an Invention Patent.
● Named the author in published documents introducing the invention.
- Property rights of inventors: the right to remuneration as provided for in the Intellectual Property Law.
IV. Rights of patent owners
Patent owners only have property rights, including:
- Use, allow others to use the invention.
Use of an invention is the conduct of the following acts:
● Production of protected products.
● Applying the protected process.
● Make use of the protected product or product manufactured by the protected process.
● Circulation, advertising, offering, storage for circulation of products specified at Point c of this Clause.
● Importing protected products or products manufactured under the protected process.
- Prevent others from using the patent illegally.
- Determining the invention.
V. Obligations of the patent owner
- Obligation to pay remuneration to the invention author
+ The owner of the invention is obliged to pay the author under the regulations unless otherwise agreed by the parties.
+ The minimum remuneration payable by the owner to the author is as follows:
● 10% of the benefit the owner earns from using the patent.
● 15% of the total amount the owner receives in each payment received for licensing of a patent.
+ In the case of inventions created by many authors, the above rate is the level for all co-authors. The co-authors agree to divide the remuneration paid by the owner.
- Obligation to use the invention
+ The owner of an invention is obliged to manufacture protected products or apply the protected process to meet the needs of national defense, security, disease prevention, treatment, nutrition for the people or needs. Another urgency of society.
+ When having the above requirements and the patent owner fails to fulfill such obligations, the competent State agency may transfer the right to use the invention to others without permission of the invention owner.
- Obligation to allow the use of a basic invention to use the dependent invention
+ Dependent invention means an invention created on the basis of another invention (hereinafter referred to as a basic invention) and can only be used provided that the basic invention is used.
+ In case the proof of the dependent invention proves to create an important technical step ahead of the basic invention and has great economic significance, the dependent inventor has the right to request the patent owner basic licensing of basic patent rights at reasonable prices and trade terms.
In case the owner of the basic invention does not meet the requirements of the dependent patent owner without plausible reasons, the competent state agency may transfer the right to use the invention to the owner. patent ownership without the permission of the owner of the basic invention.
Above are the legal provisions on the Rights and obligations of authors and patent owners. To receive further information, please contact Doanh Tri law firm directly via:
Hotline: (+84) 911.233.955 – (024) 6293 8326
Doanh Tri Law firm is willingly pleased to accompany you!
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