Distinguishing Copyright and Intellectual Property Rights

In the field of Intellectual Property, copyright and intellectual property rights are two crucial legal tools that allow individuals and businesses to safeguard their legitimate interests in intellectual assets. However, many people still confuse these two concepts, leading to misunderstandings about their legal entitlements and methods of protecting their intellectual creations. In this article, Interjustice Law Firm provides a clear distinction between copyright and intellectual property rights to help you gain a correct and comprehensive understanding of these rights.

Are Copyright and Intellectual Property Rights the Same?

According to Clauses 1 and 2, Article 4 of the 2005 Law on Intellectual Property of Vietnam, as amended in 2022, intellectual property rights refer to the rights of organizations and individuals over intellectual assets, including copyright, related rights, industrial property rights, and rights to plant varieties. Meanwhile, copyright is defined as the legal right of organizations and individuals over literary, artistic, or scientific works they have created or own.

Therefore, while copyright is part of intellectual property rights, the two are not identical:

• Copyright is included in intellectual property rights.

• Intellectual property rights may include copyright.

• Copyright is not synonymous with the entirety of intellectual property rights.

How Do Copyright and Intellectual Property Rights Differ?

Subject Matter of Protection:

The subject matter of copyright includes literary, artistic, and scientific works, as well as the subject matter of related rights such as performances, phonograms, video recordings, broadcasts, and encrypted program-carrying satellite signals.

According to Article 3 of the Law on Intellectual Property of 2005, as amended and supplemented in 2022 of Vietnam, the subject matters protected by intellectual property rights include:

• Copyright: Literary, artistic, and scientific works, and the subject matter of related rights such as performances, phonograms, video recordings, broadcasts, and encrypted program-carrying satellite signals.
• Industrial Property Rights: Inventions, industrial designs, layout-designs of integrated circuits, trademarks, trade names, trade secrets, and geographical indications.
• Plant Breeders’ Rights: Propagating material and harvested material.

Therefore, the scope of the subject matter protected by intellectual property rights is broader and includes the subject matter protected by copyright.

Basis for the Arising and Establishment of Intellectual Property Rights

Copyright arises from the moment a work is created and expressed in a certain material form, irrespective of its content, quality, form, medium, language, whether it has been published or not, or whether it has been registered or not.

The establishment of intellectual property rights varies depending on the specific subject matter being protected.

Protection Documents

Copyright is protected automatically and therefore does not require a certificate of protection.

For intellectual property rights, some subject matters, such as industrial property rights, require registration and issuance of a certificate of protection. Conversely, copyright is protected automatically without the need for registration.

Term of Protection

The term of copyright protection extends throughout the author’s lifetime and for a specified period after the author’s death (e.g., 75 years, 100 years depending on the type of work), or may be perpetual for certain special categories of works. In contrast, the term of protection for other intellectual property rights varies depending on the specific subject matter. For example, industrial property rights have their own terms of protection (e.g., 20 years for inventions, 10 years for trademarks), and these terms may be renewable according to regulations.

Intellectual property rights have a broader scope of protection than copyright, encompassing copyright but also including various other intellectual property rights such as industrial property rights (inventions, trademarks, industrial designs, etc.) and plant breeders’ rights. In certain instances, if an invention falls under industrial property rights but the owner only registers for copyright, this can create a legal loophole, leaving the intellectual property rights holder’s interests inadequately protected, easily infringed upon, and diminishing the true value of the intellectual property asset.

Therefore, to protect their legitimate intellectual property rights in their intellectual property assets, individuals and businesses must exercise caution and always seek advice from professional legal counsel. Registering and protecting the correct type of intellectual property rights is the crucial first step in preventing unnecessary legal risks and comprehensively safeguarding intellectual property assets.