Thứ Năm, 15 tháng 3, 2018

CPTPP Reflects Vietnam’s Commercial Global Integration

BY Juna Mèo No comments

On March 9th, 2018, Minister of Industry and Trade, Vietnam Tran Tuan Anh and 10 Ministers of the Member countries signed the Comprehensive and Progressive Agreement for Trans-Pacific partnership (CPTPP) in the capital Santiago, Chile.

The historic process:

CPTPP, a new generation free-trade agreement, is established to replace TPP after the exception of U.S – the world’s largest economy. To the contrary of this situation, CPTPP still holds the high standards. This agreement will be available in 60 days after being signed by 6 of 11 member countries, including Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Speaking after the signing ceremony, The Minister of Foreign Affairs, Chile Heraldo Munoz said: “CPTPP is an unique signal to protest the protectionism and advocating a diversified world, multilateral trade”. It is expected that CPTPP is a crucial document to set up a sample for the commercial transactions in the future.
CPTPP founded in the context of President Donal Trump’s threats to increase taxes on steel and aluminum, which impacts many countries and could create a commercial global war.

CPTPP reduces the tariff between 11 member countries which accounted for 13% of the global economy with GDP hit 10,000 billion USD, if it involved U.S, the rate was 40%.
President Chile Michelle Bachelet addressed: “We are here today can be proud of ending this process and send a meaningful message to the community that opening the market, economic integration and international cooperation are the best tool for creating opportunity and prosperity for the economy”.

U.S moved away from CPTPP and tireless efforts are rewarded:
At this time, CPTPP is the world’s largest commercial agreement. The Washington’s retreat from TPP did not give an end this agreement, with a number of efforts from members, especially Japan, has helped revive the high standard agreements in order to create new standards for global trade.

With the APEC 2017 host country role, Vietnam and Japan made efforts to put everything back in orbit. Following this, the content of CPTPP eliminated some requirements requested by U.S from the round of TPP negotiation, including the rules strengthen 
intellectual property protection to pharmaceutical products. Many countries and activists believe that this regulation will increase the price of drugs. A final draft of the CPTPP was announced in February 21st in New Zealand.

CPTPP retains the contents of the TPP but for some member countries postponed their obligations. It is expected that CPTPP is comprehensive, balances the interests and has the benefits of the countries too after difficult but constructive negotiations.
ANT Lawyers strives to follow CPTPP and other inter countries agreement to exploit best benefits for the clients.

Thứ Hai, 12 tháng 3, 2018

Who can apply for trademark registration?

BY Juna Mèo IN , , , No comments

Who Can Obtain a Trademark

Trademark registrations are widely used to protect brand or slogans or coined words that are unique to a person or entity. Trademark registration can thus be obtained by individuals or businesses or not-for-profit organisations. However, each of the different class of persons or entity have different requirements while filing a trademark application. In this article, we look at some of the requirements for filing trademark application based on the applicant type.

An Individual (Person)

An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.

Joint Owners

In case two persons come together and decide to file a trademark application, then the names of both the person must be mentioned on the trademark application.

Proprietorship Firm

In case of a proprietorship firm filing a trademark application, the full name of the Proprietor must be mentioned in the application. A business name or proprietorship name is not acceptable as the name of an individual. This is because a business name or proprietorship name is more in the nature of an alias for the actual person and proprietorship firms are not a separate legal entity. However, if a proprietorship name or business name is included on the application in addition to the name of an individual applicant, those details will be captured separately.

Partnership Firm

In case of a partnership firm filing for trademark application, the names of all the partners are essentially required to be mentioned in an application filed by a partnership firm. Partnership firms are not considered as a separate legal entity and hence, the names of all Partners must be mentioned in the trademark application. If the partnership firm includes a minor in the partnership, the name of guardian representing the minor should also be mentioned.

Limited Liability Partnership

In case of a Limited Liability Partnership making a trademark application, the application for registration must be made in the LLP name. A LLP being an incorporated body has its own identity. Thus the Partner by themselves cannot be the applicant, wherein the trademark must belong to a LLP.

Vietnam Company

In case of a private limited company or one person comapny or limited company making a trademark application, the application for registration must be made in the company name. A company being an incorporated body has its own identity other than its directors, therefore a director of the company cannot be the applicant, although the application can be signed and submitted by the Director or any Officer, authorized by the company.

Foreign Company

In case of a foreign incorporated entity making a trademark application in Vietnam, the application for registration must be made in its own corporate name, as registered under the foreign country. The nature of registration, country of incorporation and the law under which the company is registered, are to be mentioned. If the foreign company has no principal place of business in India, the applicant’s address for service in India should be mentioned in the application.

Trust or Society

If a trademark application is made on behalf of a Trust or Society, the name of the Managing Trustee or Chairman or Secretary representing the Trust or Society should be mentioned.

To learn more about ANT Lawyers IP Practice or contact our Trademark attorneys in Vietnam for advice via email or call our office at (+84) 24 32 23 27 71

Chủ Nhật, 4 tháng 3, 2018

What is the difference between trademark (TM) and registered(R) in the logo of a company?

BY Juna Mèo IN , , , , , No comments

TM (Trademark)
Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services.

Trademarks are for words, symbols, devices or names that are used to distinguish the goods of one manufacturer or seller from that of another. Any distinctive name, symbol, or word is designated as trademarked with the symbol "TM". If a company has trademarks that are not officially registered, it can use the letters "TM" to show that it claims ownership of the mark. A company must continue using the "TM" symbol until the trademark office actually registers a mark. A company cannot use the R circle symbol while a trademark registration application is still pending.

R(Registered Trademark)

A company can only use the circled R symbol in conjunction with its products and brands if it has officially registered a trademark with the trademark office. A company can continue simply using the "TM" symbol in conjunction with its brands instead of officially registering a trademark and using the R circle symbol, but trademark registration carries certain legal benefits. Trademark registration includes public notice of the owner's claim to the mark, a legal presumption that the party that registered the mark owns it and has the exclusive right to use the mark.

Thứ Tư, 28 tháng 2, 2018

Intellectual Property remains a big challenge for Vietnam under CPTPP

BY Juna Mèo IN , No comments

At an informal meeting of representatives from 11 countries (without US) taking place on the Asia-Pacific Economic Cooperation (APEC) dated on November 10th, 2017, the parties agreed to change from Trans-Pacific Partnership Agreement (TPP) to the Comprehensive and Progressive Partnership for Trans-Pacific Partnership (CPTPP).

Accordingly, the CPTPP contains 8,000 pages of documents, but only 20 articles of the TPP agreement, including 10 articles related to intellectual property (IP) and 4 points are reserved for the parties to negotiate in next time. Each member will list its delimited list of restrictions of their country.
According to the Vietnam Minister of Industry and Trade, CPTPP still guarantees a quality agreement like TPP-12, while ensuring new equilibria for member countries. The content of the CPTPP is not only about trade, investment, but also on intellectual property (albeit temporarily postponed) and other broad areas.
With CPTPP, Vietnam may not be the most beneficiary country like the proposed TPP, but it is still very important, because it brings together many of the criteria associated with reform, particularly institutional reform, improving the investment climate, business.
Vietnam law on Intellectual Properties will need to be amended because the legal system of Vietnam’s IP is not consistent with the legal system of developed countries.  The Law on Intellectual Property of Vietnam, after many proposals, has not yet been approved by the National Assembly. Meanwhile, the amended Law on Technology Transfer, though approved in June 2017, still lacks specific guidelines on technology transfer.
Intellectual property rights in the TPP not only contain general provisions and requirements relating to areas of cooperation, patents, test data, designs, trademarks, geographical indications or copyright but also focuses on the legal enforcement of this right by nations.
The CPTPP is based on agreed commitments at the TPP, which are particularly important in paving the way for Vietnamese goods to penetrate into the members’ markets.

Thứ Hai, 26 tháng 2, 2018

Penalties on Working Without Work Permit in Vietnam

BY Juna Mèo No comments

Vietnam has become an attractive destination for foreigner investors due to the impressive development of socio – economic in recent years. This is such a good opportunity for Vietnamese enterprises to get cooperation in business with foreign partners.

To take advantage of the opportunities to be the pioneer and market share, many of them have demand in employees with good skills and qualifications. To meet these requirements, more and more companies hire foreign workers for specific positions which might lack of human resources within Vietnam territory.
According to Labor Code 2012, the employer wishing to recruit the foreign workers has to explain their labor demand to the People’s Committee of provinces and obtain written approval from this agency. Pursuant to this written approval, the employer shall submit the application for the work permit to the Department of Labor, War Invalids and Social Affairs of the province where the planned working place of such foreign workers is located.
A foreign citizen wishing to work in Vietnam must fully meet the following conditions:
  • Possessing full civil act capacity;
  • Possessing technical and professional qualifications and skills and health appropriate to the work requirement;
  • Not being a criminal or subject to penal liability examination according to Vietnamese and foreign laws;
  • Possessing a work permit granted by a competent Vietnamese state agency, except the cases specified in Labor Code.
Therefore, based on regulations of the Labor Code of Vietnam, except for the foreign citizens exempted from work permit i.e. investor of company established in Vietnam, all of cases the foreign citizens wishing to work in Vietnam shall be subject to work permit application. A foreign employee shall produce his/her work permit when carrying out immigration procedures or upon request of a competent state agency.
In case foreign citizens who do not belong to work permit exemption being found working in Vietnam without work permit, that person shall be considered violation of the law of Vietnam. In addition, the employer that uses the violated employee without work permit shall be punished accordingly.
According to Decree No. 95/2013/ND-CP amendments to the government’s Decree No. 95/2013/ND-CP dated August 22, 2013 on Penalties for administrative violations against regulations on employment, social insurance, social insurance, and Vietnamese guest workers:
i) Foreign citizen that working without work permits, except for the cases in which the work permit is exempt shall be expelled.
ii) Employers who employ foreign workers in Vietnam without work permits or certificates of exemption from work permits, or employ foreign workers using expired work permits shall be implied:
a. A fine from VND 30,000,000 to VND 45,000,000 if the violation involves 01 – 10 workers;
b. A fine From VND 45,000,000 to VND 60,000,000 if the violation involves 11 – 20 workers;
c. A fine From VND 60,000,000 to VND 75,000,000 if the violation involves more than 20 workers;
Additional penalty: The employer who commits the violation mentioned herein shall have its operation suspended for 1 – 3 months.

Thứ Tư, 21 tháng 2, 2018

How do I write a good provisional patent application?

BY Juna Mèo IN , , , , , No comments

A provisional patent - as you may already know - helps you buy some time (up to a year ) as you market and possibly develop your idea. This way, if the idea gains traction at some point during the year, you can convert this provisional patent to a fully-fledged utility patent. If not this, you can simply let it expire or lapse after testing the waters and realizing that it wasn't such a good idea to invest hundred of hours and thousands of dollars paying for a utility patent.

That being said, here is a quick primer on how to craft a provisional patent:

1. Research Thoroughly
Even before of thinking of filing for a provisional patent, you should first of all do a comprehensive patent search to know whether or not the idea you are interested in has already received another patent protection. Apart from that, conducting a separate search to ascertain that there haven't been any similar inventions that are patented is also a good way of avoiding a corporate lawsuit later. At the same time, you are also likely to come across suggestions of many available unpatented ideas that are in case yours is already taken. Either way, doing a thorough patent search is inevitable as long as you are considering to copyright your innovation.

2. Be Simple, Focused but Thorough
The provisional patent application ought to paint the picture of a unique innovation by listing the specific features/benefits that prove its novelty. In other words, a well-thought and thorough profile is likely to increase the chances of your application getting approved.

3. The Application Package
The full application package ought to tie in the following;

a. The specification of the innovation

b. A drawing of the innovation

c. The filing fee

d. The USPTO Cover

As far as the main body goes, it should consist of the Description of the Innovation, Tittle, Abstract, and the Claim.

Nowadays, you also have to include the drawings of the invention. These can be scanned into the main text area, sketched by hand or designed by CAD, manuals, design software or Powerpoint. Next up is the Claims that describe in detail what the patent seeks to protect. You don't have to include this, but it is recommended that you have them on your provisional patent application.

Lastly, you will have to paste an abstract that summarizes your invention. For this part, it is easier to re-state ( in a few words ) what you had described in the Claims.

The best way to draft a provisional patent application? Ideally, it’s with the assistance of a patent attorney. Patent lawyers do this stuff for a living and will maneuver the application process so that your utility patent application will be a seamless experience. Feel free to visit Our legal marketplace is competitively priced, easy-to-use, and backed by a satisfaction guarantee. We offer free consultations to help make sure you’re hiring an attorney that will help you grow your vision. Good luck!

Chủ Nhật, 11 tháng 2, 2018

If I show my national patent application to a company, can they file it as their own in other nations?

BY Juna Mèo IN , No comments

If you truly have a national patent (and not a national patent application), then the patent is public knowledge. Anyone in the world can find it, and in most countries (including the US, Europe, and much of Asia) finding it as easy as entering the right query on a web page.

If you only have a national patent application, then it may not be public yet. But it will be (in most countries) 18 months after you filed it. So if your outside that window, again, there’s no secrecy to preserve.

Whether or not your patent or pending application is currently public, in most of the world it constitutes “prior art.” (“Most of the world” certainly includes the US, Europe, and most if not all of Asia.) That means it will block any later-filed patent applications that seek to cover the technology disclosed or suggested by your patent application.

To be sure, there might sometimes be good reasons not to show someone your not-yet-published patent application. But if you’re only worried about someone using it as “inspiration” to file their own patent application on the same technology, you need not worry.