The accusation of violating the copyright of a musical instrument made from a water pipe between a contestant on “Vietnam’s Got Talent”, Kieu Van Thanh, and local artist Mai Dinh Toi was eventually ended since no one had registered for a license under intellectual property.

Contestant Kieu Van Thanh performing with his self-made water pipe musical instrument on the stage of Vietnam's Got Talent on April 15, Photo: Tuoi Tre

Some people said the water pipe was created by artist Mai Dinh Toi, while others argued that any farmer could make it by themselves. 

When asked about this issue, Ta Quang Minh, general director at the National Office of Intellectual Property under the Ministry of Science, Technology and the Environment, said the instrument is not listed among products protected by the office, and added that it would be impossible to provide a license.

Agreeing with Minh, a lawyer in the copyright and intellectual property field explained that that this instrument is a not among the seven groups protected by the office or author’s rights. 

“Mai Dinh Toi created the flute from a water pipe but it was neither an invention nor an industrial solution. If Toi wants to register his work, he has to improve the size, shape, and color, making it a complete product. Only then will his product be protected,” said the lawyer.

On the other hand, lawyer Pham Vu Khanh Toan said people tend to create new products which do not belong to any category, and it is their right to ask for a license and for it to be protected.

“If he can prove that no one in the world has ever created a flute out of a water pipe, he can satisfy conditions to get a license according to the law on intellectual property.”
However, Toan said the flute may have become the community’s product and does not belong to any single individual.

“Unluckily, the flute was exposed, which means it has lost its ‘newness’. A product is only licensed once the creator sends an application to the Office of Intellectual Property before publicizing it,” he said.

Toan added that it might be too late if Toi decides to register his musical instrument at the moment since anyone can now perform with the instrument.

According to the law, the flute now belongs to the people. The argument between the two sides is ended. In addition, a lesson is drawn for those who have creative ideas and inventions that need to be protected.

Source: Tuoi Tre