このブログでは、ベトナムの知的財産に関する情報を提供します。
ベトナム知的財産法4条6項～27項では、その他この法律で使用される用語の定義が規定されています。
日本では定義されていないような用語の定義もあるようです。
Article 4 – Interpretation of terms
In this Law, the following terms shall be construed as follows:
6. Intellectual property right holder (知的財産権所有者) means an owner of intellectual property rights or an organization or individual that is assigned intellectual property rights by the owner.
7. Work (著作物) means a creation of the mind in the literary, artistic or scientific domain, whatever may be the mode or form of its expression.
8. Derivative work (二次的著作物) means a work which is translated from one language into another, adapted, modified, transformed, compiled, annotated or selected.
9. Published work (公表著作物), phonogram (録音) or video recording (録画) means a work, phonogram or video recording which has been made available in a reasonable quantity of copies to the public with the permission of the copyright holder or related right holder.
10. Reproduction (複製) means the making of one or many copies of a work or a phonogram or video recording by whatever mode or in whatever form, including the backup of the work in electronic form.
11. Broadcasting (放送) means the transmission of the sound or image or both of a work, a performance, a phonogram, a video recording or a broadcast to the public by wire or wireless means, including satellite transmission, in such a way that members of the public may access that work from a place and at a time they themselves select.
12. Invention (発明) means a technical solution in the form of a product or a process which is intended to solve a problem by application of laws of nature.
13. Industrial design (工業デザイン) means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements.
14. Semiconductor integrated circuit (半導体集積回路) means a product, in its final form or an intermediate form, in which the elements, at least one of which is an active element, and some or all of the interconnections, are integrally formed in or on a piece of semiconductor material and which is intended to perform an electronic function. Integrated circuit is synonymous to IC, chip and microelectronic circuit.
15. Layout-design of semiconductor integrated circuit (半導体集積回路の回路配置) (below referred to as layout-design) means a three-dimensional disposition of circuit elements and their interconnections in a semiconductor integrated circuit.
16. Mark (商標) means any sign used to distinguish goods or services of different organizations or individuals.
17. Collective mark (団体商標) means a mark used to distinguish goods or services of members from those of non-members of an organization which is the owner of such mark.
18. Certification mark (証明商標) means a mark which is authorized by its owner to be used by another organization or individual on the latter’s goods or services, for the purpose of certifying the origin, raw materials, materials, mode of manufacture of goods or manner of provision of services, quality, accuracy, safety or other characteristics of goods or services bearing the mark.
19. Integrated mark (連合商標) means identical or similar marks registered by the same entity and intended for use on products or services which are of the same type or similar types or interrelated.
20. Well-known mark (周知商標) means a mark widely known by consumers throughout the Vietnamese territory.
21. Trade name (商号) means a designation of an organization or individual in business activities, capable of distinguishing the business entity bearing it from another entity in the same business domain and area.
A business area (事業の地域) mentioned in this Clause means a geographical area where a business entity has its partners, customers or earns its reputation.
22. Geographical indication (地理的表示) means a sign which identifies a product as originating from a specific region, locality, territory or country.
23. Trade secret (営業秘密) means information obtained from financial or intellectual investment activities, which has not yet been disclosed and can be used in business.
24. Plant variety (植物品種) means a plant grouping within a single botanical taxonomy of the lowest known rank, which is morphologically uniform and suitable for being propagated unchanged, and can be defined by the expression of phenotypes resulting from a genotype or a combination of given genotypes, and distinguished from any other plant grouping by the expression of at least one inheritable phenotype.
25. Protection title (保護証明) means a document granted by the competent state agency to an organization or individual in order to establish industrial property rights to an invention, industrial design, layout-design, trademark or geographical indication; or rights to a plant variety.
26. Reproductive material (増殖素材) means a plant or part thereof capable of growing into a new plant for use in reproduction or cultivation.
27. Harvested material (収穫素材) means a plant or a part thereof obtained from the cultivation of a reproductive material.
