Intellectual Property

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What Types of Intellectual Property Need Legal Protection

  • 01 September 2024
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  • by Stephen Le

Whether you’re an individual creator or a multinational corporation, protecting your intellectual property is vital to maintaining a competitive edge and safeguarding your investments. Vietnam, as part of the international business landscape, has embraced intellectual property laws in line with global standards, ensuring that companies and individuals have the legal tools to protect their creative and innovative work. But what exactly qualifies as intellectual property, and what types of IP need legal protection? This article provides...

Google’s Antitrust Trial: The Defining Internet Case 

  • 06 November 2023
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  • by Lucia Pham

When the global Internet search engine—with a market share of 83.49%–goes to trial against the U.S. Justice Department on antitrust violations, the stakes are higher than ever. The gravity of the 10-week trial has the power to fundamentally shift how people use the Internet and financially impact the company behind the world’s most-used search engine. Notably, this trial marks a significant moment in the U.S. government’s broader campaign against Big Tech corporations. However, this lawsuit is...

Redefining Copyright in the Digital Age

  • 30 September 2023
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  • by Stephen Le

We live in a world where intellectual property (IP) stands as the lifeblood of businesses worldwide. Whether it’s cutting-edge technology, innovative designs, or brand identities, these are precious assets that need to be fiercely protected. Yet these are also the very things that are getting harder and harder to safeguard. Patents, copyrights, trademarks, and trade secrets – none of the four pillars of intellectual property are exempt from the emerging threats in our era of technological acceleration. Copyright...

Limits And Duration of Intellectual Property Rights

  • 28 September 2023
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  • by Vania Van

The protection of intellectual property rights reflects the responsibility and recognition of the law towards the achievements and efforts of individuals and organizations, the subjects of ownership rights. Provisions on the protection of intellectual property rights play a role in maintaining fairness, creating incentives to promote creativity, and contributing to the dedication of individuals and organizations in technical improvement activities, scientific research to create material and spiritual products for society, thereby promoting the global socio-economic development...

AI in Legal Context – Latest Move from The US Court!

  • 21 September 2023
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  • by The Saigon Times

In recent days, the discourse surrounding Artificial Intelligence (AI) and Intellectual Property Rights (IPR) has captured the attention of the technology and artistic creative communities… It is evident that AI-generated products are steadily increasing each day, presenting both new opportunities and challenges. However, presently, no national law or international convention has been enacted concerning the protection of creative works authored by an AI “creator.” Therefore, the interpretation of current law regarding AI creations falls under the...

Artificial Intelligence and Data: Swift Regulatory Measures Needed!

  • 21 September 2023
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  • by The Saigon Times

Even though humanity is still far from the era of science fiction artificial intelligence (AI) depicted in movies, where robots can think, feel emotions, or even rebel, recent technological advancements such as machine learning and Generative AI (a type of AI aimed at generating new data based on existing data) have garnered the attention of the public and legal experts. Today, it no longer surprises anyone to witness AI engaging in conversations on any topic, writing...

Copyright Infringement: Understanding, Consequences, Prevention

Unveiling Copyright Infringement: Understanding, Consequences, and Prevention

  • 19 August 2023
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  • by Le&Tran Team

What is copyright infringement? Copyright infringement is when someone unlawfully uses another person’s copyrighted work, which is protected by intellectual property laws. This includes copying, distributing, displaying, or performing the work without proper authorization. According to Article 5 of Decree No. 105/2006/NĐ-CP, infringement occurs when the following conditions are met: The work in question is covered by protected intellectual property rights. There is a clear indication of infringement in the work being examined. The person responsible...

Generative AI Raises the Stakes for the Art World And Copyright Law

  • 31 July 2023
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  • by Lucia Pham

When Jason Allen won first prize in the Colorado State Fair’s art competition in 2022 for his “Théâtre D’opéra Spatial” piece under the “digital arts/digitally-manipulated photography” category, he ultimately challenged the art community on what it means to be an artist. Allen stated that “he made clear that his artwork was generated with Midjourney” throughout the art competition’s duration—including the “drop-off” and “his narrative submission.” The Colorado State Fair defines “digital art” as the “artistic practice...

Criminal Enforcement of Copyright in Vietnam

  • 22 June 2023
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  • by Pierre Hoang

This article will provide a brief guide on the Criminal Enforcement of Copyright in Vietnam. Infringing copyright laws within Vietnam has come with severe penalties. Therefore, criminal enforcement of copyright laws should arguably have been employed as an important remedy against the infringement of copyright rights. This would likely have made a significant contribution to the development of the creative industries within Vietnam. There has been only a very small amount of criminal cases regarding copyright...