Thứ Năm, 19 tháng 4, 2018

Procedure of extending mark certificate in Vietnam

BY Juna Mèo IN , , No comments

Time Limit of Trademark Protection Extension

As regulation of law on intellectual property, the mark, trademark or service mark, is one of protected subjects of industrial property right. However, to be protected by law, the owner of mark shall apply protection registration dossier to competent authority prior. When the owner registers and is granted a certificate of registered mark, the owner shall have the exclusive right to label the product, service or both, right to allow others to use the mark throughout mark license contracts, right to assign the mark ownership and right to prevent breaching action from any third party.

However, a certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date. When the validity terminates, in order to continue being the owner of mark, the owner of Certificate shall implement the procedure of extending the protection validity of the certificate. It is important that the owner has to be aware of the time to apply dossier for a certificate extension in accordance with the law.

As regulation of law, time limit of extending mark certificate is prior or after six (06) months from the expiration date of mark certificate. If the extension is applied prior 06 months since the expiration date, the owner shall pay extension fee. If the extension is applied after 06 months since the expiration date, the owner shall pay extension fee and fine for late payment as month.
Procedure of extending mark certificate:
With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in extending your trademark or service mark or both in Vietnam.

Thứ Ba, 17 tháng 4, 2018

What is "intellectual property"?

BY Juna Mèo IN , , No comments

Intellectual property refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
Intellectual property rights are the rights given to persons over these creations. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. IP is protected in law by patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

Have a look at some of the most common forms of intellectual property protected bylegal provisions, along with their unique characteristics
•           Applies to: Words, logos, slogans
•           Applicant: Business owners
•           Validity: Indefinite, but to be renewed every 10 years
•           Ownership without registration? Limited Rights for unregistered Trademark holders

•           Applies to: Photographs, movies, music, software code
•           Applicant: Artists & creative professionals, primarily but anyone can apply
•           Validity: Lifetime of the author, plus 60 years
•           Ownership without registration? Yes, but with qualifications. Limited Rights.

•           Applies to: Inventions & ideas
•           Applicant: Inventors & designers
•           Validity: 20 years
•           Ownership without registration? No

Provisional Patent
•           Applies to: Inventions & ideas
•           Applicant: Inventors & designers
•           Validity: 1 Year
•           Ownership without registration? No
Other than these three* primary types, Trade Secrets are also a form of intellectual property. What are those? Trade secrets typically rely on private measures to be protected rather than state action. A trade secret is any information that helps make the operation and functioning of a business or any other enterprise smoother. The secret maybe a formula, process of manufacturing, list of customers or a pattern of machines. An intellectual work is not a trade secret if it is generally known within the industry, published in journals, books, etc.
Businesses and enterprises usually ask new employees to sign a contract to safeguard their trade secrets before letting them join. However, anon-disclosure clause may be added to the contract whereby the employee is not supposed to ‘disclose’, reveal or share any of the company’s trade secrets.
*Provisional patent serves as a preliminary to the permanent patent, and one must apply for a permanent patent grant within 12 months of applying for a provisional patent.
If you’re looking to read more about intellectual property then head to the Answers page on the website Also, we have pre-vetted, experienced Intellectual Property Lawyers in Vietnam available to complete any IP work you need done for an affordable price. Good luck!

Thứ Hai, 16 tháng 4, 2018

Is reposting an image or video on Instagram copyright infringement?

BY Juna Mèo IN , , , , No comments

Sharing content from other people on social media is far from new. We all do it all the time. However, there are some legal considerations you should take time to think about.

And, with Instagram, there are additional considerations because the platform itself doesn’t support sharing content. So, before you start (or keep) regramming to Instagram, take a look at these legal issues to protect yourself and your business.

First and foremost, you must remember that the user who shared the original post retains all copyrights to the image you plan to share. So, you MUST always give attribution to the original user.

Using an app like Regram or Repost will allow you to @ mention the original user and share their original post caption on your share. But, more importantly, these apps include a watermark on the image you share with the original user’s Instagram username. This is ideal because it guarantees that the original user is given full attribution for their content.

So there’s two kinds of consent when it comes to getting consent from using about using their image: there’s implied consent and express consent.

If you have asked your audience, customers, and followers to tag your business in their photos via @ mentions or tags or hashtags) and they did this on their public Instagram profile, then they have essentially provided you with implied consent to use their content.

But what happens if there is no implied consent? In this case, to protect yourself legally, you must get the user’s express consent to regram the content.

You can comment on their post letting them know that you want to share their photo with your audience. Then you can ask if you can have their permission to repost it. You can also send the user a Direct Message asking the same thing. Once they give you response in writing, giving you permission to repost the picture, then you’d be allowed to repost the picture. If they don’t respond, don’t use it. Asking is not enough. You need actual consent.

I am answering from the perspective of an intellectual property lawyer who has worked with creative artists and entrepreneurs to protect their intellectual property. If you have any other questions regarding the legalities of posting on Instagram, feel free to contact our IP lawyers in Vietnam for advice via email or call our office at (+84) 24 32 23 27 71

Thứ Năm, 12 tháng 4, 2018

How to Prepare Application for Anti-dumping Review

BY Juna Mèo No comments

The review of anti-dumping measures on imported goods will be conducted by Vietnam Competition Authority  (VCA) 12 month from the decision by Ministry of Trade and Commerce is issued.

Application dossiers requesting for review of imposition of anti-dumping measures shall including (i) Application and (ii) Other documents and information deemed necessary by the requesting party, in Public and Limited version to be submitted to VCA.
The followings information must be provided by the requesting party at the submission of application for review of the anti-dumping duty imposition:
1.      The status of dumping of imports
This section focuses on the change in the dumping status of imports into Vietnam during the period from the imposition of anti-dumping duty to the time the applicant submits the application.
The information to be provided includes, but is not limited to, expanding / narrowing the scope of the goods subject to the imposition of anti-dumping measures; Type / type of goods, producer / exporter selected to calculate the change in dumping margin, change in margin of dumping, normal price, export price for one or a group of foreign producers/ exporter (Note: The method of calculating the data must be consistent with the methodology which the VCA has guided in the dossier requesting the application of anti-dumping measures.)
2.      Material damages or threaten to material damages
This section identifies evidence of substantial damages / threat of material damages to the domestic industry caused by imported goods dumped into Vietnam for investigation by the VCA, decide according to the actual situation.
Requesting party should provide the following information:
– The situation of importing goods
Information and data on the situation of import of goods subject to anti-dumping measures (amount and value) from the date of application of the anti-dumping measure before the submission of the dossier according to the set form and two (02) years earlier.
– Market share of similar goods domestically produced and imported goods
Comparative information on market share of domestically produced and imported goods shall be subject to dumping from the time of imposition of tax prior to the filing of the application in the form and the previous two (02) years.
– Impact of imports on domestic prices
Information on the impact of imported goods on the prices of domestically produced goods from the time of imposition of tax prior to the submission of dossiers according to the set form and two (02) years earlier.
– The situation of production and business activities of the domestic manufacturing industry
Information on production and business activities of the manufacturing industry from the date of application of the tax prior to the date of application and two (2) years before.
– Invest in upgrading machines and infrastructure to meet domestic demand
Information on fundamental changes in machinery and factory infrastructure is related to changes in capacity and capacity to meet the needs of the Vietnamese market from the time of application of the tax before submission and two (02) years earlier of the domestic industry. Data should be shown in the following table:
  • Current situation of employers in the domestic industry
Number of employees (or estimated number) engaged in the production, management and distribution of domestically produced goods subject of the investigation.
  • Inventory fluctuations
The amount and value of inventory requested for the application of the measure anti- dumping domestic production.
3.      Scope of goods subject to anti-dumping measures
– Purpose, reason for requesting exclusion of products imported by the company from the scope of application of anti-dumping measures.
– Information on products the company proposes to exclude from the scope of application of anti-dumping measures: HS code, technical specifications, technology, use purpose, production process, …
– The list of domestic enterprises producing the same products as the imported products of the company.
– List of other importing enterprises jointly importing the company’s proposed goods for exclusion.
– Documents indicating the difference between the company’s products proposed exclusion and similar products domestically produced. If there are quality comparisons, please indicate the source of these quality criteria (e.g.Vietnamese standards sets, internationally recognized standards …).
– Information on alternative sources of imports, the difference between those sources.
– Other information, documents and evidence that the company deems appropriate to explain the exclusion of the product is appropriate.

Thứ Ba, 10 tháng 4, 2018

Measures to Prevent and Ensure Administrative Sanctions of Software Piracy

BY Juna Mèo IN , , , , No comments

Vietnam is among countries with the highest rate of software piracy in the world, although the rate has reduced from 92% in 2004, to 81% in 2011, 78% in 2015 according to the report of BSA, The Software Alliance that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.

Computer software is protected as literary works, one of types of works eligible for copyright protection in accordance with Article 14 of Vietnam law on intellectual property 2005, amended and supplemented in 2009. Unlicensed software is unauthorized use or distribution of copyrighted software.  Copyright infringements include publishing, distributing, copying, using, leasing out, duplicating, importing, exporting a work without permission from the author or copyright holder according to Article 28 of Vietnam law on intellectual property 2005, amended and supplemented in 2009.
The government of Vietnam has been striving to coordinate between ministries to increase awareness and encourage the software license compliance. Further, Ministry of Culture, Sports and Tourism has coordinated with Ministry of Public Security to increase frequency of inspecting the software license compliance in Vietnam as part of intellectual property right enforcement effort.
According to the provisions of Article 215 of the 2005 Intellectual Property Law, there are measures under the law of Vietnam to prevent and secure administrative sanctions.
In the following cases, organizations and individuals may request Vietnam competent agencies to apply preventive measures and ensure administrative sanction as provided for in Clause 2, Article 215 of the 2005 Intellectual Property Law:
-An act of infringement of intellectual property rights is likely to cause serious loss and damage to consumers or society;
-Material evidence of the infringement is likely to be dispersed or there are indications that the offender will evade responsibility;
In order to secure enforcement of a decision imposing an administrative penalty, preventive measures and/or measures to secure enforcement of administrative penalties which may be applied in accordance with administrative procedures to acts of infringement of intellectual property rights shall comprise:
-Temporary detention of persons;
-Temporary custody of infringing goods, material evidence and facilities;
-Body searches;
-Searches of means of transport and objects; searches of places where infringing goods, material evidence and facilities are hidden;
-Other administrative preventive measures in accordance with the law on dealing with administrative breaches

How ANT Lawyers Could Help Your Business?

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Thứ Hai, 9 tháng 4, 2018

Determination of Competence between Court and Arbitration

BY Juna Mèo No comments

Dispute resolution is always a matter of concern in Vietnam when it comes to the regulations and the effective enforcement of government authority.

The Council of Judges of the Supreme People’s Court issued Resolution 01/2014/NQ-HDTP in order to provide guidelines for the Law on Commercial Arbitration in Vietnam on dispute resolution process.
Accordingly, the courts in Vietnam are permitted to deal with disputes which are agreed to be settled by arbitrators in the following cases:
i) There is a Decision of the court on cancelling Arbitration’s Judgement, Council of Arbitration’s Decision on recognition agreement of parties.
2) The parties have agreed to settle their disputes at a specific arbitration center but it has stopped operating;
3) The arbitrators selected by the parties can not participate in solving disputes due to force majeure events;
4) The appointed arbitrator refuses to settle the dispute without an agreement on a replacement;
5) The proceedings rules selected by the parties are different from different from those of the selected arbitration center, and this center does not adopt rules of the other centers.
6) Consumers object to the arbitrator selection according to Articles 17 of the Law on Commercial Arbitration
In the first four cases, the parties must not reach an alternative agreement on replacement.

Thứ Năm, 5 tháng 4, 2018

Can you patent a recipe or cooking process?

BY Juna Mèo No comments

In theory, yes, because a recipe is a composition of matter (new drugs are patented all of the time), but your patent application will probably be rejected by any Patent Office in any country around the world as your recipe is probably an “obvious” variation of some similar recipe that everyone else was already using. If you try to patent your recipe as a new method of cooking, you run into the same problem that your recipe could be considered an obvious variation of other cooking methods that other people have been using for years. Minor improvements to a preexisting method or composition are hard to patent, as trivial improvements are usually regarded to be obvious variations of an old device, and are not patentable.

Not to mention the fact that you have apparently been selling your secret stuff for years, and public use or sale of a new product puts it into the public domain, and no one can patent it, ever, if it is already publically known (in the US, you get a 12 month grace period, but if you have been selling your secret sauce to the public for “years”, that sounds like you are past the 12 month deadline by possibly several years).

i would agree with the guy who said that you would be better off trying to keep your recipe a trade secret. Obtaining a patent is time consuming and expensive, and there is no guarantee that you will actually get a patent when it is all said and done. Simply keeping a trade secret, by contrast, is as cheap and as easy as keeping your mouth shut.

How ANT Lawyers Could Help Your Business?
Tearn more about ANT Lawyers IP Practice or contact our Intellectual Property Lawyers in Vietnam for advice via email or call our office at (+84) 24 32 23 27 71