Căn cứ xác lập quyền sở hữu công nghiệp

Căn cứ xác lập quyền sở hữu công  nghiệp. Tài sản của các tổ chức, cá nhân đều được pháp luật bảo vệ, kể cả tài sản trí tuệ. Trong đó, quyền của tổ chức, cá nhân đối với sáng chế, kiểu dáng công nghiệp, thiết kế bố trí mạch tích hợp bán dẫn, nhãn hiệu, tên thương mại, chỉ dẫn địa lý, bí mật kinh doanh sáng tạo ra hoặc sở hữu và quyền chống cạnh tranh không lành mạnh được gọi chung với khái niệm là quyền sở hữu công nghiệp.

Đây là loại quyền được áp dụng với nhiều đối tượng là tài sản trí tuệ khác nhau, trong đó, tùy vào đặc điểm của mỗi đối tượng mà pháp luật đưa ra những căn cứ khác nhau để xác lập quyền sở hữu công nghiệp cho các đối tượng này. Cụ thể là:

Thứ nhất, căn cứ xác lập quyền sở hữu công nghiệp đối với sáng chế, thiết kế bố trí, kiểu dáng công nghiệp, nhãn hiệu và chỉ dẫn địa lý. Quyền sở hữu công nghiệp của các đối tượng này sẽ được xác định trên cơ sở khi có người nộp đơn đăng ký bảo hộ đối với các đối tượng này, cục sở hữu trí tuệ sẽ căn cứ vào quy định của Luật sở hữu trí tuệ  để ra quyết định cấp hay không cấp văn bằng bảo hộ cho người nộp đơn đăng ký đó. Trong trường hợp được cấp văn bằng bảo hộ thì người đó sẽ được xác lập quyền sở hữu với các đối tượng này. Đối với nhãn hiệu đăng ký quốc tế theo Thỏa ước Madrid và Nghị định thư Madrid thì quyền sở hữu công nghiệp sẽ được xác lập phụ thuộc vào sự công nhận của Cục sở hữu trí tuệ đối với đơn đăng ký quốc tế đó.

Thứ hai, căn cứ xác lập quyền sở hữu công nghiệp đối với nhãn hiệu nổi tiếng. Một nhãn hiệu thông thường muốn trở thành nhãn hiệu nổi tiếng thì phải trải qua một quá trình sử dụng lâu dài, tạo được uy tín và được biết đến rộng rãi trên thị trường. Khi đó, quyền sở hữu công nghiệp đối với đối tượng này sẽ được xác lập mà không cần phải thực hiện thủ tục đăng ký. Điều này có nghĩa là khi một nhãn hiệu mang đầy đủ các tiêu chí cần thiết của một nhãn hiệu nổi tiếng thì tổ chức, cá nhân có hàng hóa, dịch vụ mang nhãn hiệu đó sẽ đương nhiên được thừa nhận quyền sở hữu công nghiệp đối với nhãn hiệu đó và vẫn sẽ được pháp luật bảo hộ.

Thứ ba, căn cứ xác lập quyền sở hữu công nghiệp đối với tên thương mại. Tên thương mại chỉ cần được sử dụng hợp pháp trên thực tiễn tương ứng với khu vực (lãnh thổ) và lĩnh vực kinh doanh thì sẽ được xác lập quyền sở hữu công nghiệp mà không cần không qua thủ tục đăng ký. Tuy vậy, tổ chức mang tên thương mại này vẫn có thể thực hiện thủ tục đăng ký bảo hộ đối với đối tượng này nếu muốn.

Thứ tư, căn cứ xác lập quyền sở hữu công nghiệp đối với bí mật kinh doanh. Bí mật kinh doanh là những thông tin thu được từ hoạt động đầu tư tài chính, trí tuệ, không được sử dụng công khai để tạo ra thế mạnh của doanh nghiệp với các đối thủ cạnh tranh. Do vậy, pháp luật không yêu cầu thực hiện thủ tục đăng ký mà vẫn thừa nhận quyền sở hữu công nghiệp đối với các tổ chức đã tìm ra, tạo ra hoặc đạt được thông tin và bảo mật thông tin thành bí mật kinh doanh bằng hình thức đầu tư tài chính, trí tuệ hoặc bất cứ một hình thức nào khác.

Như vây, trong quá trình sản xuất, kinh doanh các tổ chức, cá nhân cần xác định rõ các căn cứ để xác lập quyền sở hữu công nghiệp đối với các đối tượng của quyền sở hữu công nghiệp.

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