OVERLAPPING IN PROTECTION OF COPYRIGHT AND INDUSTRIAL RIGHTS FOR TRADEMARK UNDER INTERNATIONAL TREATIES AND NATIONAL LAW – THEORY AND PRACTICE

to determine research direction; overview the theoretical basis, research on the characteristics and overlapping possibilities of copyright and industrial property rights protection for

HANOI LAW UNIVERSITY

LE THI ANH XUAN

OVERLAPPING IN PROTECTION OF COPYRIGHT AND INDUSTRIAL RIGHTS FOR TRADEMARK UNDER INTERNATIONAL TREATIES

AND NATIONAL LAW – THEORY AND PRACTICE

The doctoral dissertation was conducted at:

Hanoi Law University

Doctoral supervisors:

Dr Tran Minh Ngoc

Dr Nguyen Thai Mai

Reviewer 1:

Reviewer 2:

Reviewer 3:

The dissertation is examined by the university-level Dissertation Committee of the

Hanoi Law University at (hour)

The dissertation is available at:

INTRODUCTION

1 Rationale

In the context of the deep and active integration process of Vietnam, the issue of enforcement and protection of Intellectual Property (IP) rights becomes more important than ever

On the one hand, proper protection of IP rights encourages investment in producing more and more products with high intellectual content, helping to increase the volume of intellectual property of enterprises On the other hand, it allows them to better meet the needs of the social community toward high-quality and sophisticated products The

"multifacetedness" of intellectual creation subjects has preceded the expansion of the scope of protection in both international and national legal systems: the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement has recognized the expansion

of the copyrights to works of applied art compared to previous treaties related to the protection of IP rights

Intending to monopolize the market and for a long time, IP rights holders have also made optimal use of legal gaps between IP protection mechanisms to protect multiple IP rights with the same creative object simultaneously This has contributed to expanding the scope of protection as well as prolonging the term of protection for their innovative products, which in general could create excessive protection for objects of IPR causing more and more overlap in the protection of IP rights for the same creative result This has the potential to disrupt the overall structure of the IP system, promoting unfair competition when a creative object is protected in both mechanisms: copyright and trademark for the different subjects which inevitably leads to lengthy, complicated, and expensive lawsuits in practice to resolve conflicts and disputes between rights holders in the protection of IP rights In addition, with the characteristics of this overlapping pair: the subject of copyright and trademark protection has many similarities; Copyright is automatically protected simultaneously in the member states of the Berne Convention, so the potential for overlap is high What happens when the same creative object is protected by copyright and trademark? Is there a problem of conflict of rights that extends beyond national territorial boundaries when overlaps arise?

It can be said that identifying and resolving conflicts to minimize damage when overlapping in IPR protection is a difficult and daunting problem not only in Vietnam but also in advanced IP systems in the world Therefore, I would like to dig deeper into

the research topic “overlapping in the protection of copyright and industrial rights for

a trademark under international treaties and national law – theory and practice” in the context that Vietnam has been joining a wide range of Free Trade Agreements (FTAs) such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership – CPTPP), the EU-Vietnam Free Trade Agreement (EVFTA), the Regional Comprehensive Economic Partnership – (RCEP)… for my doctoral dissertation is significantly necessary, meaningful in both theory and practice

2 Research objectives and tasks of the dissertation

2.1 Research objectives

The dissertation aims at clarifying the theoretical issues of the possibility of overlapping in the provisions of copyright and trademark in some international treaties, the laws of some countries and Vietnam Based on this, the dissertation evaluates the concept of copyright and trademark, the overview of the possibility of overlapping, and

the consequences of overlap on the international and national scale From a summary of that overlapping issue, the dissertation evaluates and proposes solutions to effectively resolve the overlaps between copyright and industrial property rights for trademarks

to determine research direction; overview the theoretical basis, research on the characteristics and overlapping possibilities of copyright and industrial property rights protection for trademarks in international law and some countries;

- The thesis will study the practice of solving overlaps in copyright and trademark protection in some typical countries to learn about the possibility of overlap, approach, and theoretical basis when accepting overlap overlapping countries to get an overview

of overlap on an international scale;

- Based on the results of the study and international experience, the dissertation makes recommendations to improve the Vietnamese IP legal system on copyright and industrial property rights protection for trademarks, including providing a method to resolve conflicts when overlaps arise

3 Research subject and scope of the dissertation

3.1 Research subject

The research object of the dissertation is the provisions of typical international treaties in the field of copyright protection and industrial property rights for trademarks; regulations of some countries and Vietnam related to overlapping issues; study of a number of cases in some countries and Vietnam to assess the possibility of overlap, approaches, and levels of acceptance of overlap in copyright and trademark protection in some typical countries and Vietnam

3.2 Research scope

Scope of content: provisions of some treaties related to the possibility of

overlapping copyright and industrial property rights for trademarks such as the Berne Convention, and Paris Convention are the original treaties of international commitments

on copyright and industrial property rights protection for trademarks; Regulations related

to Vietnam's commitments on IP; the legal provisions of some countries and the provisions of the law of Vietnam related to the overlap between copyright and trademark; some fundamental theories in copyright and trademark protection; some actual overlapping cases in other countries and Vietnam

Scope of space: The problem of overlapping in some typical countries such as the United States (the country representing the common law tradition); European Union (France, Germany ) (country representing the civil law tradition); China, Japan (countries representing some Asian countries);

Scope of time: From the 1886 Berne Convention for the Protection of Copyright

(including subsequent amendments); Paris Convention on Industrial Property Rights; TRIPS Agreement; CPTPP, EVFTA up to now

4 Research methodologies

4.1 Methodologies

As the content of legal science, therefore, the methodological basis to solve this topic is based on the methodology of historical materialism and Marxist-Leninist dialectical materialism Ho Chi Minh's thoughts and views of the Party and State on state building and law in the “Doi Moi” period

4.2 Research methods

To accomplish the above-mentioned research purposes, the dissertation focuses

on using a number of research methods such as the analytical method, Synthetic method, Historical method, and Comparative method to analyze and assess the possibility and practice of overlap; viewpoints as well as ways to approach resolve conflicts of rights posed by overlapping rights in Vietnam as well as in some countries

5 Scientific meaning and new research contribution of the dissertation

The dissertation has made new significant contributions to the establishment of the theoretical basis, and completion of the Vietnamese law in the protection of copyright and industrial property rights for trademarks in Vietnam in the context of integrating society with many overlapping risks, specifically as follows:

- The dissertation has systematized and deepened the theoretical issues related to the overlap between copyright and trademark protection, identifying the characteristics

of the overlap between authorial rights and trademarks, defining the nature of overlap, and constructing the concept and content of overlap;

- The dissertation has analyzed and briefly evaluated some typical cases of overlapping; studied the approaches and level of acceptance of overlapping based on related theories in the process of enforcing copyright and trademark protection in some countries when resolving overlapping cases between domestic entities and foreign countries

- The thesis has analyzed and evaluated the situation of overlapping in Vietnam based on the study of some overlapping cases in Vietnam and overlapping cases involving foreign elements based on comparing with international treaties, and national laws to assess the potential conflict of rights between parties caused by overlapping issues

- Based on the experience of some countries, the thesis proposes some principles, directions, and solutions to complete the Vietnamese national laws to resolve overlapping issues not only domestically but also regionally and internationally

6 Research questions and hypotheses

- Research questions

First, What does the theory of overlapping in copyright and IPR protection for

trademarks include? Concept, characteristics, causes, consequences of overlap, classification, theory of overlapping issues?

Second, International conventions and national laws govern the protection of

copyright and industrial property rights for trademarks, which may lead to overlapping protection between these two types of intellectual property Are there any regulations that limit such overlap? What additional issues need to be addressed to resolve this matter? What experiences can Vietnam draw from other countries in dealing with overlapping protection of copyright, industrial property rights, and trademarks?

Third, Is it possible for overlapping to occur beyond national borders? How do

Vietnam's international commitments impact the issue of overlapping protection of copyright, industrial property rights, and trademarks in Vietnam? What measures need to

be taken to effectively address the issue of overlapping and improve the effectiveness of copyright, industrial property rights, and trademark protection in Vietnam's current context?

- Research hypothesis

Hypothesis 1: The similarity and expansion of the subjects protected by copyright

and industrial property rights for trademarks inevitably leads to the increasingly common overlap in copyright and industrial property rights protection for trademarks in the current context;

Hypothesis 2: Overlapping protection of copyright, industrial property rights, and

trademarks not only creates conflicts of rights within a country, but also has the potential

to lead to conflicts of rights in international copyright, industrial property rights, and trademark protection, causing disruption to the traditional system of international intellectual property protection and blurring the boundaries between copyright, industrial property rights, and trademark protection.;

Hypothesis 3: The resolution of conflicting rights and the handling of overlapping

protection currently lack consistency in both principle and practice, both in Vietnam and internationally This situation requires Vietnamese scholars to conduct thorough and cautious research to lay the groundwork for recommendations and solutions for Vietnam Vietnamese intellectual property law is fundamentally compatible with international treaties that Vietnam is a member of (bilateral, multilateral), but it still needs to be improved towards accepting partial overlapping protection to reasonably and appropriately address issues of overlapping protection of copyright, industrial property rights, and trademarks, and create a transparent legal framework to effectively protect intellectual property rights in the current context of international integration

7 Structure of the dissertation

In addition to the introduction, conclusion, and reference list, the appendices, the content of the dissertation will be structured into four chapters as follows:

- Chapter 1: Overview of research on overlapping in the protection of copyright and industrial property rights for trademarks, and issues that need further study

- Chapter 2: General theory on the issue of overlapping in the protection of copyright and industrial property rights for trademarks

- Chapter 3: Overlapping in the protection of copyright and industrial property rights for trademarks under international conventions, laws, and practices in some countries

- Chapter 4: Overlapping in the protection of copyright and industrial property rights for trademarks in Vietnam - Some solutions based on experiences in handling overlaps of other countries

CHAPTER 1 OVERVIEW OF RESEARCH ON OVERLAPPING IN PROTECTION OF COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS FOR TRADEMARKS,

AND ISSUES THAT NEED FURTHER STUDY

* * *

Chapter 1 provides an overview of studies of domestic and foreign scholars related to the dissertation topic so that the author can have a clear and comprehensive approach to the current issues of overlap of protection Based on the overall study on

overlapping in IPR protection in general, the methods of approaching and dealing with overlapping in practice in other countries and Vietnam, the dissertation has clarified issues that have not been studied yet in detail in a comprehensive way on overlapping in copyright and IPR protection for trademarks, especially in Vietnam as follow:

• Theory

The dissertation focuses on the following issues:

First, focus on researching and clarifying related terms, the concept of overlap

and conclude a unified understanding of "overlapping in copyright and industrial property rights protection for trademarks";

Second, find out the basic views of foreign and Vietnamese scholars on the issue

of overlap in copyright and industrial property rights protection for trademarks to identify common types and forms of overlap between the two above-mentioned subjects

of IPR rights;

Third, through foreign and Vietnamese studies, identify the features of overlap in

copyright and trademark protection to deepen the ư nature of the overlap and help suggest ways to approach the overlapping issue;

Fourth, research on the provisions of the international treaty and the laws of some

countries on the protection of copyright and industrial property rights for trademarks to assess the possibility of overlapping, the causes of overlap in the protection of IP rights

in general, overlapping in the protection of copyright and industrial property rights for trademarks in particular At the same time, research on the basic principles that countries are applying to resolve conflicts of rights and limit the consequences of overlapping copyright and trademark protection to have a multi-faceted view of the overlapping issue;

Fith, research on the theoretical basis system that countries use in the protection

of copyright and industrial property rights for trademarks to explain and solve cases related to overlap in protection In order to understand the approaches and perspectives

on handling overlapping issues of countries

• Practice

The dissertation does research on:

First, a practical study on the implementation of intellectual property and

industrial property rights protection in some countries around the world is conducted to investigate approaches to dealing with trademark overlap issues in certain countries and groups of countries under relevant international treaties related to author's rights and industrial property rights Additionally, the study aims to understand how conflicts caused by trademark overlap are resolved in some typical countries, which will serve as

a basis for comparison and evaluation of legal solutions as practical experience for Vietnam;

Second, a practical study on protecting industrial property rights related to

trademark and copyright overlap issues in Vietnam is conducted with a focus on (1) Evaluating the possibility of trademark and copyright overlap in Vietnam's current and future GI protection commitments under the global and regional economic integration routes; (2) Assessing dispute resolution measures when conflicts arise over overlapping rights in trademark and copyright protection in Vietnam's current and future industrial property rights protection commitments

Based on the research clarifying the above-mentioned contents, a dissertation will

provide a viewpoint on the issue of trademark and copyright overlap in IP and industrial property rights protection On the other hand, the dissertation proposes directions for resolving conflicts and disputes caused by overlaps in the protection of copyright and industrial property rights for trademarks; to propose approaches and solutions for handling overlaps based on the results of learning experiences from other countries

CHAPTER 2 GENERAL THEORY ON THE ISSUE OF OVERLAPPING IN THE

PROTECTION OF COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS

2.1.1.1 The definition of overlap in the protection of IP rights

Overlapping in IPR protection is inevitable in the integration trend when international treaties and national laws have witnessed the expansion of the object of protection of IP rights, especially the introduction of TRIPS with its scope expansion and a compulsory protection object among member states Other things that should be considered are the expansion of the object of protection, the IP protection space in the new generation FTAs opens up opportunities and the tendency to seek additional protection layers of rights holders in almost all countries makes Overlapping in IPR protection becoming more and more common and complicated Most judicial bodies accept overlapping as a special form of trademark protection Therefore, it can be

understood: "Overlapping in IPR protection is a situation where a creative object is protected by two or more different mechanisms of IP rights"

2.1.1.2 The definition of overlap in the protection of copyright and industrial property rights for trademarks

Stemming from similarities or even overlaps in the subject matter of protection, the potential for overlap in the protection of copyright and industrial property rights is partly due to the interference of laws Although the object of protection may be similar

or coincident, based on the nature and purpose of rights protection is different between copyright and industrial property rights for trademarks, so the method of protection is very different from each other with these two IP rights Therefore, "overlapping in copyright and industrial property rights protection for trademarks" can be understood as

follows: "Overlapping in copyright and industrial property rights protection for trademarks is the situation in which an object is protected both copyright and IPR rights

in respect of a mark when it simultaneously meets the standards of protection prescribed

Firstly, the overlap in IPR protection in general and the overlap in copyright and

trademark protection in particular, mostly stem from the similarity of the protected

object due to the expansion of the IP rights subjects; and the protected object at the same

time meeting different protection criteria of IP rights

Second, the overlap in protection between copyright and trademark comes from the "gaps" in the legal provisions between the two protection mechanisms

Third, overlap in IPR protection comes from the desire to exploit different values

of IPR objects and the independence of protection of the IP legal system; the desire to increase layers of protection for the intellectual property of the rights holders

2.1.3.1 Based on the protected subjects

There are some types of overlap as follow:

(i) (i) An entity simultaneously claims copyright and trademark protection

(ii) Different subjects claim copyright protection and trademark protection for the same creative object

2.1.3.2 Based on the time of protection

There are some types of overlap as follow:

(i) concurrent protection

(ii) continuum of protection between copyright and trademark protection

2.1.3.3 Based on the scope of protection

Regional institutions such as the European Union (EU), not only have witnessed the overlapping of legal regulations and overlapping practices in the protection of IP rights in each country's member, but the EU has also witnessed the overlap in IPR protection between the country and the region (EU)

2.2 Causes and consequences of overlap in copyright and industrial property rights protection for trademarks

2.2.1 Causes of overlap in copyright and industrial property rights protection for trademarks

2.1.1.1 Copyright and industrial property rights for trademarks are similar in the protection of subject matter

Whether it is a copyright or an IPR right to a trademark, the elements constituting the protected object can be created from similar physical forms such as words, and images in a space of two or three dimension and even sound images A creative product shaped by the author from the factors mentioned above has the ability to have many characteristics at the same time and can meet the protection criteria of both copyrights and trademarks The overlap can come from many different causes

2.2.1.2 Expansion of the object of protection and the term of protection

i) Expansion of the subject matter and term of protection of the copyright

i) At both the national and international levels, in the past, copyright law usually

only protected original literary, scientific, map, and diagram works Along with the diverse development of science and technology in the modern social economy, the idea

of attaching commercial properties to works of art makes the works useful and can be produced Mass production has produced works of applied art, computer software, data collections, etc., which are protected by copyright And the minimum term of copyright

protection can also be extended up to 50 years

Expansion of the subject matter and term of protection of the trademarks

At the national level, the U.S trademark law has expressed the view that anything capable of distinctive "meaning" is subject to trademark protection

concept that a mark is attached only to goods, but the phrase "marque de service" was used for the first time in the revised version of 1883 1958 of the Paris Convention at Lisbon Next, the 1995 TRIPS Agreement can be considered as a turning point in IPR protection in which on the one hand the Agreement accepts the extension of the object of

protection for trademarks

2.2.1.4 Legal gaps and independence in protection among IPR regimes

Legal gaps in IP rights can be intentional or unintentional by legislators Intentional gaps exist as exceptions and limitations to IPR and are a reflection of various public policy considerations to ensure public access On the other hand, unintended gaps that create an overlap in IPR protection can have an adverse impact on the purposes of

IP rights when not placed in the fundamental balance between rights and benefits such

as when referring to the “author” of a copyrighted work or, in other words, the person who presents the work in its original form

At the national and international scale, there is an interference on the subject matter of IPR protection, which can generally be protected by IP law but also by the law

of unfair competition At the international level, the integration process of different countries is different, the fact that a country is a member of regional treaties related to the protection of intellectual property rights does not preclude that country joining such treaties both bilateral and multilateral And the participation in a country's regional conventions does not exclude the effect of national laws on trademark and copyright protection, which opens up opportunities to seek protection at various levels

Along with the development of science, technology, and applied arts, products, and services need innovation and improvement to meet the increasing and sophisticated needs and tastes of the market of consumers Therefore, innovative products are always placed in the requirements of improving features, aesthetics, and convenience, leading to the fact that an object, product, or work can integrate many elements and at the same time capable of meeting many different standards of protection of IP rights

2.2.2 Consequences of overlap in copyright and industrial property rights protection for trademarks

As the scope of each intellectual property right is expanded, their boundaries begin to overlap, causing overlap in IPR protection both nationally and internationally The recognition of legal conflicts in IPR protection by modern international justice leads

to the risk of overlapping in IPR protection in general and overlapping in copyright and IPR protection for trademarks, in particular, is a precondition for complex rights conflicts In addition, along with the expansion of copyright objects, the development of the digital space on the internet environment also poses many challenges and blurs the territoriality of IPR protection in general and copyright in particular

2.2.2.1 Economic consequences of overlap

From an economic perspective, there is a first view that scholars believe that overlap in IPR protection can bring enormous economic benefits to owners and should not prevent them from expanding protect different IP rights for an object The second group believes that overlapping in IP rights protection cannot be accepted because it will lead to excessive protection and prevent the community's right to access and benefit from IP rights

2.3 Theoretical basis for approaching and dealing with an overlap in copyright and industrial property rights protection for trademarks

2.3.1 Basic theory of ownership of intellectual property

2.3.1.1 The natural law thesis

The foundation of this theory rests on the famous philosopher John Locke's idea

that“every author has a natural right to his creation by using his own intellectual labor and efforts” Accordingly, everyone has the right to consider products created from their

ideas as natural assets because the work is created from the unique efforts and creativity bearing the personal imprint of the creator

2.3.1.2 The incentive thesis

The basic content of the theory of innovation is that any industrial progress and cultural creations that can create a better economic impact and significantly promote social progress should be respected and recognized to the innovators that bring about that social progress

2.3.1.3 The rewards thesis

Along with the theory of natural rights and the promotion of creativity, the theory

of creative cost-compensation also requires a commensurate reward for the contributions

of creators to progress in science, technology, and social development And the exclusive right to exploit IP rights is considered rewards and recognition of the social community for those contributions

2.3.1.4 The theory of balance of rights

The protection of IP rights not only stops at recognizing and protecting the rights

of creators and innovators but also protects the social community's right to access science and technology, helping to balance and harmonize the interests of society and related parties Therefore, the theory of balance of rights was born to solve that problem The TRIPS Agreement provides that the protection and enforcement of intellectual property rights should further uphold the purposes of the right in a way that 'balances the rights and obligations' of the owner of the protected subject matter and the user of those objects

2.3.2 Theory concerning the purpose and limitations of intellectual property rights protection

2.3.2.1 The doctrine of clean hands or Unclean hands

The doctrine of clean hands or Unclean hands is understood: The clean hand is a legal principle that states that only one party who has done nothing wrong before can go

to court to sue the other party If the complaining party has acted in an unfair, illegal, dishonest, or unethical manner regarding the subject matter of the lawsuit, they have violated the principle of fairness and have “unclean hands”

2.3.2.2 The doctrine of public interest

The doctrine of the public interest also fulfills an important feature that is quite necessary for an effective theory to prevent overlapping of IPR protection in the UK

when both legal claims can be resolved according to common law or equity

2.3.2.3 The American misuse doctrine

The improper use of overlapping IPRs in the United States has recently been approached and addressed by the IPR abuse theory The theory was developed from the foundation

of the "Unclean Hand" (also known as "Clean Hand") doctrine and is a process, not just from a single incident The judicial process has given rise to a doctrine that addresses the misuse of IP rights first with patent abuse, and then with copyright abuse

2.4 How to approach and handle the overlap between copyright and industrial property rights for trademarks

2.4.1 Independent and unique protection

The independent protection mechanism only accepts the protection of creative objects within the framework of an IPR protection mechanism Applying this mechanism will help ensure the public's right to access intellectual property and ensure the respective interests of the parties in a balanced manner

2.4.2 Accumulation overlap type is accepted

Cumulative protection is based on the legal principle of some countries, especially France, where it was first established, on the theory of the unity of the arts (l'unité de l'art) ) To the extent that a particular work expresses the personality of its creator, it deserves recognition as a work of art

2.4.3 Accept overlap partially

Acceptance of this partial overlap is a compromise between the two mechanisms

of independent and cumulative protection However, the acceptance of this partial overlap must also be based on certain principles and standards

CHAPTER 3 OVERLAPPING PROTECTION IN OF COPYRIGHT AND INDUSTRIAL PROPERTY RIGHTS FOR TRADEMARKS UNDER INTERNATIONAL CONVENTIONS, LAWS, AND PRACTICES IN SOME

COUNTRIES

* * * 3.1 Implementation of international treaties on the protection of copyright and industrial property rights for trademarks leads to overlapping

3.1.1 Regulations on objects of protection

3.1.1.1 Objects protected by copyright have an extension

The Berne Convention of 1886 was first created to protect the rights of authors effectively and uniformly in literary and artistic works In subsequent amendments, the

1971 Paris Convention and then the amended 1979 Berne Convention, noted a groundbreaking expansion of some of the subjects of copyright In addition, the TRIPS Agreement signed in 1995 is an important document inheriting and expanding the protection of IP rights in general and copyright in particular for computer programs or data collections

3.1.1.2 Subjects protected for industrial property rights to trademarks have an extension

From those regulations, it can be seen that the trademark initially focused mainly

on protecting symbols such as words, images, and phrases associated to distinguish the goods of the right holders Along with the development of trade in services, service

marks have also been additionally protected with the expanded amendment of the 1958 Paris Convention if the law of the member country provides for protection Along with the requirements and development of society, the diversity, multifacetedness, and aesthetics of the objects protected as trademarks have also been expanded

3.1.2 Quy định về xác lập quyền

3.1.2.1 Xác lập quyền tác giả

According to the provisions of the Berne Convention, copyright protection is carried out internationally based on three basic principles: (i) national treatment; (ii) automatic protection, and (iii) independent protection Accordingly, a work created in any of the member countries shall be accorded the same protection as works of nationals in that country and other member countries, without regard to any registration procedures, archive with a manner of protection independent of that in the country of origin of the work

3.1.2.2 Establishment of IP rights for trademarks

Unlike copyright, IP rights to trademarks are established and protected based on use and/or registration Most of the countries that are party to the Paris Convention impose an obligation to register a trademark for the subject to establish the right, but use is still

important for the group of countries that allow the establishment of intellectual property rights trademarks through use

3.1.3 Regulations on the rights of the owner

3.1.3.1 Regulations on the rights of copyright holders

Copyright includes two groups of rights moral rights and property rights Moral rights are rights independent of property rights and belong only to the author even after the author has transferred the property rights

3.1.3.2 Regulations on the rights of IP rights holders to trademarks

Trademark owners have (i) the right to use the trademark and (ii) the right to prevent others from using the mark The trademark owner has the right and obligation to use the trademark continuously for the term of the protection title, which can be extended (depending on the user demand) according to the time limit prescribed by each country

3.1.4 Regulations on the term of protection

3.1.4.1 Regulations on the term of copyright protection

With respect to the property rights of copyright, initially, under Article 5 of the Berne Convention 1886, the author has the exclusive right to make and authorize the translation of the work in all member countries until the end of the period for 10 years from the date of publication of the original work in the Contracting States After many amendments and supplements to the convention, it was not until the amendment in

Berlin in 1908 that the minimum term of copyright protection was specified in Article 7, the Convention was for the life of the author and 50 years after the author's death

3.1.4.2 Regulations on the term of trademark protection

The regulation of the validity period of the protection title and the payment of an extension fee when wanting to continue to be protected on the one hand helps the

trademark owner to consider continuing to use the mark; on the other hand, it helps the State management agency to have more revenue into the Budget and determine whether

to maintain protection or remove certain trademarks from the registration

3.1.5 Evaluation of the provisions of the international treaty regarding

overlapping issues