The First-to-File Principle and Priority Principle in Vietnamese Intellectual Property Law

The first-to-file principle and priority principle are two crucial aspects of intellectual property in Vietnam, playing a decisive role in protecting the rights and innovations of individuals and organizations. Understanding these principles not only helps businesses optimize the registration process and intellectual property protection effectively but also ensures legal compliance and fairness in the business environment.

To better understand the significance and application of the first-to-file principle and priority principle in Vietnamese Intellectual Property Law, it is necessary to delve into the specific provisions and guidelines of the law. Additionally, applying them in business practice will help create a fair and sustainable environment for both individuals and enterprises.

First-to-File Principle:

1. In cases where there are multiple applications for patents or industrial designs that are identical or equivalent, or industrial designs that are not significantly different from each other, the intellectual property certificate shall only be granted for the invention or industrial design in the valid application with the earliest priority date or earliest filing date among those applications that meet the conditions for granting the intellectual property certificate.
2. In cases where there are multiple applications from different persons for trademarks that are identical or similar to the extent that they may cause confusion, used for identical or similar products or services, or cases where there are multiple applications from the same person for trademarks used for identical products or services, the intellectual property certificate shall only be granted for the trademark in the valid application with the earliest priority date or earliest filing date among those applications that meet the conditions for granting the intellectual property certificate.
3. In cases where there are multiple applications specified in clauses 1 and 2 above that meet the conditions for granting the intellectual property certificate and have the same priority date or earliest filing date, the intellectual property certificate shall only be granted for the subject matter of one application among those applications as agreed upon by all applicants; if no agreement is reached, the corresponding subjects of those applications shall be refused the intellectual property certificate.

Priority Principle:

1. The applicant for a patent, industrial design, or trademark registration has the right to claim priority based on the first application for the same subject matter if they meet the following conditions: a) The first application was filed in Vietnam or in a country that is a member of an international convention on priority rights that Vietnam is also a member of or has an agreement applying such provisions with Vietnam. b) The applicant is a Vietnamese citizen, a citizen of a country specified in point a above residing or having a production or business establishment in Vietnam or in a country specified in point a above. c) The application clearly states the request for priority rights and submits a copy of the first application duly certified by the receiving office of the first application. d) The application is filed within the time limit prescribed in the international convention of which Vietnam is a member.
2. In a single application for a patent, industrial design, or trademark registration, the applicant has the right to claim priority based on multiple earlier applications with the condition that they must specify the corresponding content between the earlier applications submitted and the content in the current application.
3. Applications for industrial property rights claiming priority rights shall have the priority date as the filing date of the first application.

These principles provide a framework for fair and efficient intellectual property registration and protection in Vietnam, ensuring that innovative ideas and creations are safeguarded appropriately.