What is a patent?

A patent is a type of legal property right.

Just as owning real estate property gives you the right to exclude others from trespassing on your land, a patent also gives you the right to exclude others from "trespassing" on your invention. In the US, patents may be granted for a limited time for new and useful processes, machines, products, and compositions of matter.

Patent Law Firm in Vietnam 

Just as land has definite boundaries specified by a survey, a patent has definite boundaries specified in its claims. If someone else makes, uses, or sells what is within the scope of the claims of a patent, then they are "trespassing" on the patent rights ("infringing" is the legal term used). And just as a real estate owner can lease out their land to renters, a patent owner can license the patent to others.

Just as an owner of real estate property must pay property tax to the government, an owner of a patent also must pay the government a property tax (called a maintenance fee, renewal or annuity).

This is a rough analogy, that breaks down if you push it too far. For example, whereas real estate property boundaries are usually non-overlapping, the boundaries of patent rights can intersect and overlap. Another difference is that patent rights expire after a limited time, usually 20 years from the time the patent application is filed. And, whereas real estate property is tied to pre-existing real land, patents are intellectual property that are virtual in the sense that the rights are tied to making, using, or selling anything within the general scope defined by the claims.

There is a lot more to say about what kinds of things can and can not be patented, the criteria that must be met for an invention to be considered patentable, the process of preparing a patent application, filing it, and getting it granted, and so on. But the above hopefully gives basic idea of what a patent is.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Source: Quora

Read More

When should a startup file for a trademark?

You should register your mark when your product already gives profit. So, when the expenses are lower than income, you should start protecting your name from the competitors.

Trademark Law Firm in Vietnam

While there exist a possibility that somebody would register the same mark for the same product, it is highly unlikely. Because:

The chances that some other person in the same country decides to register the same brand name, having no knowledge about your business, is close to 0;

If somebody else, knowing about your brand, registers it wishing to sell you the mark or illegally disrupt your business, you can sue them in court (on the grounds of bad faith).

I have seen cases, when people just at the beginning of their business invested high money in the intellectual property matters, but unfortunately, the business later failed. I believe, at the beginning there are always better fields to invest money.

You already have some-kind of protection:

While you must have knowledge about existing intellectual property rights (not to be sued yourself), protecting your own trademark can go to the second plan. Furthermore, even if trademarks are not protected without registration, there are still some legal grounds that protects you. For example:

A person who has used legally the mark before someone else registered it (legally, of cause), cannot be prevented to continue using the mark for the same scope (same goods and same territory);

If your trademark is not a generic term but an inventive word or a specific graphical image, it will be protected by the copyright law. And the copyright law does not need any registration, it is gained automatically once an original work is created. If you are a pharma company, do it, before you tell the name loud:

But, the need to register or not a trademark also depends a lot on the field where your business operates. For example, drugs industry is especially sensitive for all IP matters (patents, trademarks…). So, in this field I advice to register a mark as soon as possible. Because in the pharmaceuticals industry, the competition is really tough and it is better to have all IP protection you can.

Additional advices:

-Check for prior trademarks;

-Do not use any mark that is similar to the well-known brands (so NO “Aple”; “Cola-coca”, etc.);

-Better use a distinctive word, phrase, logo - you have stronger IP protection.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More

Da Nang to Cooperate with Singapore in Foreign Direct Investment

On July 19th,2019, Da Nang City People’s Committee held a “Singapore-Danang Investment Connection Seminar”, which leaders of the city’s departments and sectors met many major companies from Singapore under the Singapore Business Federation and Singapore Business Development Agency’s arrangement with purpose of seeking investment opportunities in Da Nang taking advantage of the dynamic city which investors from Singapore could set up company and make direct investment.

Establish company in Danang

Singaporean businesses appreciated the model of building and developing the smart city of Da Nang and the achievements in socio-economic development of Da Nang in recent years, including digitizing government and protecting the environment in Da Nang.

Singapore is well-known as a country that has developed strongly in socio-economic achievements, has plans for environmental protection, pollution treatment, high-tech development and tourism. These are the business lines that Danang needs to develop for the purpose of building the city in the future.

Currently, many Singaporean businesses have chosen Vietnam as an investment destination and are willing to cooperate with Danang in many business lines such as banking finance, education, information technology, etc. The leaders of Da Nang always appreciate Singapore’s experience of building smart country, innovation and start-up businesses; at the same time, they emphasized that Singapore is a potential market that Da Nang city focuses on investment promotion in the coming time.

Singapore is the 4th country in total of FDI investors in Vietnam, the total investment capital in the first 6 months of 2019 from Singapore is 2.119 million USD and is the 3rd largest country in terms of FDI in Vietnam, with a total investment capital is 49,161 million USD. Investors invested in many business lines such as manufacturing technology, wholesale, retail, information technology,

Da Nang wishes to attract many Singaporean investors who will choose the city as the place to invest in the future. The leader of the city always strives to create the best conditions for Singaporean investors to invest in the city, in order to achieve socio-economic development in the future.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

Read More

The 66th Asian Business conference in Danang

On July 4th, 2019 the People’s Committee of Da Nang Oganized the 66th Asian Business Conference about business cooperation between Vietnam and Japan. Representatives of 60 Vietnamese enterprises and 130 enterprises from Japan attended showing intersts in economic cooperation.

Set-up company in Da Nang

The representatives of Japanese companies provided many useful information about business investment cooperation opportunities in the fields of information technology, high technology, health, education …After 45 years from the establishment of diplomatic relations, Japan has become one of the Vietnam’s leading partner in many areas, becoming the largest ODA provider, and the second largest FDI investor in Vietnam.

Japan is leading countries investing in Da Nang with more than 180 projects and the total investment capital is nearly 890 million USD, focusing on the fields of industrial production, high technology, services, real estate and travel. The Da Nang’s enterprises in supporting industries, IT, textiles, fisheries, education … are always willing to cooperate with Japanese partners to expand markets, access technology and new management system.

It is obvious that Japan is one of strategic partners, a key market with strong financial and public potential, including high-tech industry, information and communication technology and supporting industries as well as services and education sectors. The city government always strives to create favorable conditions for Japanese investors to establish and implement effective projects, as well as implement solutions to improve the city’s investment environment such as infrastructure construction, high-tech parks and centralized information technology zones, planning new industrial parks with attractive investment preferential policies, promoting administrative procedure reforms and focusing on human resource training qualified, skilled … to meet the demand of the investors.

The Conference creates opportunities for interaction and discussions between Vietnamese enterprises and Japanese enterprises, between Da Nang city and investors in area of manufacturing, construction, healthcare, tourism, education, science and technology.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

Read More

What is Intellectual Property Law?

Our legal system provides certain rights and protections for owners of property. The kind of property that results from the fruits of mental labor is called intellectual property. Rights and protections for owners of intellectual property are based on federal patent, trademark and copyright laws and state trade secret laws.

Protecting Intellectual Property Rights in Vietnam

In general:

-Patents protect inventions of tangible things.

-Copyrights protect various forms of written and artistic expression.

-Trademarks protect a name or symbol that identifies the source of goods or services.

It is important to note that patents, trademarks, and copyrights constitute the basis on which the underlying intellectual property may be protected in law. It is therefore vital that a great degree of skill be exercised in drafting the documents and following the procedures necessary for obtaining this protection.

By relying on a specialist in the field who has good standing and recognized ability in his profession, the inventor or artist can be assured that the intellectual property will be adequately protected.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More

What is the copyright process?

For works first published after March 1, 1989, an author need not include a copyright notice to be protected under the law. Although a notice is not required, it’s super worth it for you to obtain one and list it on your website. When a work contains a valid copyright notice, an infringer cannot claim in court that s/he wasn’t aware the work was copyrighted. Thus, an author has a greater chance to win a copyright infringement case and spend much less litigating in the process if s/he has a copyright notice.

Copyright in Vietnam 

If a work is created on or after January 1, 1978 then it is protected for a term of the life of the author plus 70 years. However, if the work is a “work for hire” or is published under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.

Regarding your specific question, the U.S. Copyright Office has some helpful info on how to copyright Registering a Work (FAQ) & Copyright in General (FAQ). Be sure to check out Stanford’s Copyright & Fair Use website too.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More

How do I get my hospital name and logo trademarked?

For getting the logo and the name of your hospital trademarked you need to file an application for registration of trademark in the designated Registry for your area. But before filing any application for trademark registration, you need to check that the brand you are planning to register is already registered by someone else or is pending for registration.

Also you also need to mention the class in which the trademark has to be registered, the correct description of goods/services you are offering and the date from which you have been using the trademark. In case you plan to use the trademark in future, you need to file it on *proposed to be used* basis.

The above mentioned details are extremely crucial while filing an application for registration of a trademark and any oversight on these details may prove to be fatal in case there is any litigation in future.

Filing of a trademark application form is easy but the follow up is an extremely complicated task and it is always better to get your Trademark application through an IP attorneys specialising in trademark registration and brand protection.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More

Officially Issuing the Schedule of Tariff Concessions for Import and Export to Implement CPTPP Agreement

On June 26^th, 2019, the Government issued Decree No. 57/2019/ND-CP on Preferential tariff for export, Special preferential tariff for import to implement CPTPP Agreement from 2019 to 2022. CPTPP has come into force as of January 14^th, 2019, however, the Decree 57 is the official legislation incorporating CPTPP’s commitment into national laws.

Tariff concessions applying to each country

In addition to 0% tax applied to many products as soon as effect of Decree 57, the remaining is eliminated as scheduled into 4 stages: from January 14^th, 2019 to end of 2019, 2020, 2021 and 2022 equivalent to each tariff concessions.

The first six countries which have approved CPTPP Agreement including Mexico, Japan, Singapore, New Zealand, Canada and Australia. Vietnam was the seventhly country completing ratification procedures to bring the Agreement into effect. Under the CPTPP Agreement, the first six countries ratifying the Agreement have the right to notify to the later ratifying countries about the schedule of tariff concessions. Based on such provision, Article 4 and 5 of Decree 97 stipulates the reduction of import and export tax levels for each group of countries including: the group of five countries of Japan, Singapore, New Zealand, Canada and Australia shall may be applied the second level of tax reduction from January 14^th, 2019 due to similar application of such countries to Vietnam; and Mexico shall be applied the first level of tax reduction from January 14^th, 2019.

The conditions for applying preferential export tariff

Under the CPTPP Agreement, the Schedule for preferential export tariff include 519 tax lines, tax of 0% shall be applied to the goods outside such Schedule exporting to territory of country members to which CPTPP Agreement has taken effect. The exporting companies shall meet the followings to enjoy the preference:

-Goods shall be exported to 6 countries to which CPTPP Agreement has taken effect (Mexico, Japan, Singapore, New Zealand, Canada and Australia).

-Having the instruments of transportation showing the destination in territory of country members to which CPTPP Agreement has taken effect

-Having importing declarations of the shipment at customs of the member countries to which the CPTPP Agreement has taken effect.

The conditions for applying special preferential import tariff

Imported goods subject to special preferential import tariff under the CPTPP Agreement shall meet the following conditions:

-Imported goods belong to Preferential import tariff or List of products and preferential import tax or List of products and special preferential import tax for used cars.

-Being imported from member countries to which the CPTPP Agreement has taken effect and Vietnamese non-tariff zones to domestic market.

-Being transported into Vietnam from member countries to which the CPTPP Agreement has taken effect (in case of transshipment and cargo in transit, other conditions).

-Meeting the provisions on origin of goods and having C/O according to form of CPTPP Agreement.

-Vietnam currently is a member and negotiating many free trade agreements to promote exports. This action will make a strong progress in import and export activities in international arena.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

To learn more about ANT Lawyers International Trade and Tax or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

Read More

Establishing Distribution Company in Da Nang

Da Nang is a city in the Central of Vietnam, with the advantage of being a trading place of many countries in the world. Danang has a large seaport in the top 10 large seaports of Vietnam, facilitating trading activities with many countries around the world.

Lawyers in Da Nang

At the present, Da Nang is promoting foreign investment into Da Nang, and many investors have chosen Da Nang to do business in the distribution business line. For this business line, Vietnam has committed to open up to attract 100% foreign investment. As committed, foreign-invested companies in the distribution sector will be allowed to provide commission agents, wholesalers and retailers of all products manufactured in Vietnam and legally imported products into Vietnam. Therefore, the investors can import or produce goods, then they distribute the goods in accordance with regulations.

In addition, with the increasing in the number of tourists coming to Da Nang in recent years, the demand for consumer products, fashion and other items for tourists has increased. This triggers demand that many companies to provide essential goods for tourists, and this is a great investment opportunity for investors both domestically and abroad. The investors could explore this opportunity to set up company in Da Nang and fill the market’s demand.

In addition, with many policies to support enterprises in administrative procedures, as well as management, investors can easily carry out procedures as well as manage and control their business better. Enterprises investing in Da Nang are now very satisfied with the way public services are handled in the city’s administrative procedures, therefore more and more investors are choosing Da Nang as a destination for investment when targeting in Vietnam.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

Read More

Can a trademark expire?

Once your trademark is 10 years old, it would expire. This is a primary caveat with trademark; it only lasts for about 10 years. Once the 10 years have come close and you haven’t applied for renewal or restoration, the expiration process begins.

Time limit of trademark protection extension

To that end, it is definitely important for you to either renew or restore it:

1. Trademark renewal: Application for the trademark renewal has to be applied 6 months before the expiration date has come near. Once this period is not taken heed to, the trademark shall expire and you are only left with the next measure.

2. Trademark restoration: trademark restoration takes place after the expiration date is over. How is this option? The answer is a pretty simple one! Once the trademark has been expired, the most definite and the logical way to make sure that you still have access to it are through trademark restoration. Once you apply for the restoration, you would go through the same strides as you went through when you applied for trademark registration for the first time. You would go through the initial application. This application might be objected against by the department, and you would have to file a reply for it. This restoration process also involves putting the trademark in the journal for about 4 months. Once the mark is restored, you would again receive a certificate from the department that implies the same.

To that end, it would be better if you go by the former part of renewal and don’t wait for the restoration process.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More

What is a Copyright?

Fundamentally, copyright is a law that gives you ownership over the things you create. Be it a painting, a photograph, a poem or a novel, if you created it, you own it and it’s the copyright law itself that assures that ownership. The ownership that copyright law grants comes with several rights that you, as the owner, have exclusively. Those rights include:

 Copyright in Vietnam 

-The right to reproduce the work

-To prepare derivative works

-To distribute copies

-To perform the work

-To display the work publicly

These are your rights and your rights alone. Unless you willingly give them up (EX: A Creative Commons License), no one can violate them legally. This means that, unless you say otherwise, no one can perform a piece written by you or make copies of it, even with attribution, unless you give the OK.

Inversely, if you’re looking for material to use or reuse, you should not do any of these things without either asking permission or confirming that the work is in the public domain, which means that the copyright has expired and all of the above rights have been forfeited. Simply put, if the work isn’t in the public domain and you don’t have permission to use a piece, you put yourself in risk of legal action, regardless of your intentions.

Because, beyond fair use and parody (issues for later essays), the holder of a copyrighted piece has near carte blanche to do what they want with their work. It’s no different than owning a car, a house or a pen. One can lend it out to a friend, sell it, modify it or even destroy it. In short, if you own the copyright to something, you have the same rights that you do with anything else and, in some instances, even more. After all, you did create it. It only makes sense that you would own the fruits of your labor. That’s what copyright law is all about.

ANT Lawyers -  A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Read More