Circular 15/2012/TT-BVHTTDL on the procedure for issuing copyrights assessors card

The submission requests for the assessor’s card could be sent via post mail or at the office of the Department of Copyright – Ministry of Culture, Sports and Tourism.

Copyright in Vietnam

Dossiers includes:

– The required declaration form

– Copy of satisfactory test results for professional appraiser or documents of the Council of acceptable for free of professional assessment test

– A copy of the ID card

– 02 photos 3×4 cm

The time for making decision and issuing card is 15 working days after receiving the complete and valid dossiers; in case of refusal, there must be written notification with reasons.

Copyrights assessors card  takes effect from the date of issuance.

This guidance is regulated in Circular 15/2012/TT-BVHTTDL on the assessment of copyright and related rights, taking effect from February 1^st 2013 .

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How to Handle Trademark Infringement in Vietnam?

Counterfeit destroys businesses, business environments, markets as well as the image of the country. Handling trademark infringement in Vietnam has been practically challenging.

Handling trademark infringement in Vietnam

Vietnam government has been trying to curb the counterfeits however the results are limited.  The counterfeit business generates huge profits due to the gap price anywhere in the world.   Almost goods which is either popular or luxury, high or low-value of either domestic or foreign brands are being counterfeited, imitated in Vietnam.  Falsification of household goods, food, cosmetics, shoes and items of higher value such as bags, watches, glasses, etc may be found all over Vietnam. For effective anti-counterfeit, we need a close cooperation among the authority agencies in inspection, control of production, import and circulation in the market.  The Southern Department of Goods Quality Control in Vietnam in one of its regular inspections when cooperating with competent agencies in Ho Chi Minh City found after checking 79 stores with 416 items including: oil, helmets, toys, electronic devices that 33.89% of goods of unsatisfactorily labeled, 14.5% unsatisfactory quality. Where the consumers buy counterfeit goods, they could and should report to State authorities, Anti-Counterfeit and Brand Protection Association as an effort to contribute to curbing counterfeit in Vietnam.  The international brands being infringed could request assistance from local law firms in Vietnam.

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Recordal of Trademark Assignment in Vietnam

Assignment of a trademark right means the transfer of ownership right by owner of such trademark right to another organization or individual.

Trademark Assignment in Vietnam be established in the form of written agreement. Oral agreements, letters or telegrams shall not be accepted and have no legal effect.

Recordalof Trademark Assignment in Vietnam

Required documents

You are required to provide us the following documents:

• One executed original of Deed of Assignment, which must be signed and sealed by both Assignor and Assignee. Since the Deed of Assignment has two pages, both Assignor and Assignee should sign on each page or use company stamp to inter-cross seal over all pages (NO      further notarization or legalization is required);
• A Power of Attorney (POA) that should only be signed by the Representative of Assignee; 
• The relevant original Certificate of Trademark Registration (if recording the assignment for a registered one).

Procedures and time

After the recordal of assignment is completed, the NOIP will issue the following documents:

• The Notice of Assignment Recordal in case of a pending Trademark Application.
• The Certificate for Registration of Deed of Assignment in case ofTrademark Registration. In addition, the name and address of new owner will be endorsed on the last page of this Certificate of Trademark Registration.

The whole duration for recordal of assignment will in straightforward case is 2 months counted from the filing date. However, in practice, this duration can be extended from 3-6 months.

Other matters

Under Vietnam Intellectual Property Law, the trademark assignment will not be approved in the following cases:

• The subject mark for assignment identical/confusingly similar to the trade name of assignor as it shall cause the confusion as to the origin of goods or services with those of assignor. 

• The subject mark for assignment similar or identical to other trademarks but not for assignment of Assignor in respect of similar goods or services as it shall cause the confusion as to the origin of goods or services with the rest of assignor.

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Shipping and maritime in Vietnam

Shipping andmaritime law firm in Vietnam may represent and defend the interests of commercial ship owners and charters involving the total spectrum of maritime casualties, accidents and disputes which may arise in reference to commercial ocean shipping.

Additionally shipping and maritime lawyers of law firm in Vietnam are frequently appointed by a broad vary of domestic and international marine insurance corporations directly or through our international partner law firms in UK, US and Australia to represent and defend the interests of their insureds in reference to casualties involving each commercial and recreational vessels.

When legal proceeding arises from a maritime casualty or dispute shipping and maritimelawyers in Vietnam commit the total range of the firm’s resources and therefore the intensive litigation expertise of our attorneys to attain the most effective potential outcome for the client. The attorneys additionally counsel ship owners, charters, marine insurers and clients on risk avoidance, regulative necessities and strategic legal solutions.

An overview of the a number of the kinds of maritime claims, casualties and transactions that admiralty and maritime lawyers regularly handle are as following:

• International Sales and Purchase of Ships (bulk, container) under Vietnamese or foreign flags including negotiation, MOA, validating legal documents on ownership, sales decision, registration, sales closing and ship delivery;
• Casualty Defense, Investigation and Litigation
• Collisions
• Cargo damage
• Personal injury and death (seamen, longshoremen and passengers)
• Property damage
• Product liability
• Shipowner’s limitation of liability
• Marine Liability Insurance
• Disputes
• Bills of Lading
• Charter party disputes
• Vessel mortgage foreclosure
• Ship arrests
• Ship collisions
• Cargo claims
• Cargo detention or seizure by Vietnam Authority
• Dispute on outstanding payment
• General Average and Salvage Claims
• Vessel Regulatory Matters
• Regulatory compliance
• Civil fines and penalties
• Security issues
• Maritime Contracts
• Contracts of affreightment, bills of lading and charter parties
• Drafting and advice
• Recreational Boating
• Injuries and Property Damage
• Product Liability
• Sales and documentation
• Subrogation

Source:ANTLawyers.vn

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How Patent Attorney in Vietnam Could Help?

At ANT Lawyers, we provide Patent attorneys in Vietnamwith specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice in Vietnam.

Register patent inVietnam

The inventors may obtain a patent in Vietnam without the assistance of a patent lawyer if they wish. However, this is almost full of risks. Ignoring the complexity of filing the registration application, the primary concern is whether an inexperienced inventor can write an application which satisfies rules as the requirement of Vietnam Intellectual Property law.

It can be said that Vietnam intellectual property law and procedure on patent registration are complex. That’s why valuable legal rights can easily be lost if the patent application and prosecution of that application are not handled carefully and precisely by one skilled in such matters. Companies that file lots of patent applications use patent attorneys for a reason that you almost certainly will get a better patent if it is done by a patent attorney.

If the inventor does not work with a patent attorney, some of dangers may occur in registering patent in Vietnam as following:

• Failure in providing enough file for patent registration;
• Making inaccurate statement such as incorrect description;
• Wasting time because the documents is not valid;
• Loss of patent right because of other patents;
• Loss of capability on exploiting economic from patent right;

With the above – mentioned risks, patent registration in Vietnam with the assistance of the patent attorney seem to be an effective way to ensure the client’s right.  The patent attorney in Vietnam may help clients obtain patent quickly. The inventor also save time to focus on their core specialization if they use patent filing service.

The patent attorney assist clients as following:

• Advise about the procedure for registration prior submitting application;
• Compile all forms related to patent registration procedure;
• Prepare for registration dossier and conduct the registration;
• Subscribe to the application already filed and report to clients on the status of the application;
• Inform, advise and handle mission or refusal of Patent Agency;
• Get Patent and hand over to clients after receiving patent from patent Agency;
• Consult clients about the use of the invention, rights and obligations related to invention after successful registration.

All things become easy, convenient and safe if you get the assistance from a patent attorney in patentregistration.

Source: ANTLawyers.vn

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Register copyright in Vietnam

Copyright is violated on a regular basis in the music, publishing and software industries. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights as following:

Copyrightin Vietnam

• Advise legal matters of copyright and related rights in Vietnam and abroad;
• Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;
• Complete the applications and file to register copyright and related rights;
• Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call  +84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

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Register invention in Vietnam

Under Intellectual Property Law of Vietnam, invention is a technical solution which must be of worldwide novelty, involves inventive steps and is applicable in various social and economic fields.

The subject of invention and utility solution may be a device, process, substance, microorganisms, cell culture, and use thereof in accordance with a new function. Subject shall not be protected as inventions include: plant or animal varieties; method for prevention, diagnosis or treatment of diseases in human being, animals or plants; topographical design of integrated circuits; computer programs.

ANT Lawyers IP practice provides clients patent services as following:

• Advise legal matters and the patent-ability of inventions and utility solutions in Vietnam and in abroad;
• Conduct patent searches and provide information on invention or utility solution, advice measures to protect patent or utility solution in Vietnam and abroad;
• Complete the applications (including translating, writing patent description, preparing illustrative drawings of patent) and file to register invention license or utility solution;
• Enforce the invention or utility solution rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.
• Advise matters related to maintenance, payment of maintenance fee; recording of all changes of patent application/registrations;
• Draft, evaluate, register usage or ownership transfer of contracts on invention or utility solution;

Let ANT Lawyers help your business in Vietnam.

Source: ANTLawyers.vn

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Patent Registration Procedures in Vietnam

ANT Lawyers is a patent law firm in Vietnam that can assist client in the patent registration process and other patent relating issues.

Time and procedures for patent registration:

+ The time for form evaluation: 01 months from the date of receipt;

+ The time to publish the application: 18 months from the priority date or the 2nd month after receiving the request for content evaluation;

+ The time for content evaluation: 12 months after receiving the request for content evaluation or the date of publication

+ The time for patent protection is 20 years, for the patent for utility solution is 10 years.

Profile includes:

+ Declaration (02 sheets according to form);

+ Description (02 sheets, including drawings, if any);

+ Request for protection (02 sheets);

+ Relevant documents (if any);

+ Receipt of fees and charges.

Patent registration requirements:

1.Organizations and individuals that meet the following conditions may register for patent:

+ The author created the patent by his efforts and expenses;

+ Organizations and individuals investing in fund and material for the author in the form of contract work, unless the parties have other agreements and that agreements are not contrary to the provisions of law;

+ The case that many organizations and individuals working together to create or invest to create the invention, that organizations and individuals all have the right to register for patent and the registration will be implemented only if all organizations and individuals agree;

+ The case that the invention was created by using the technical facilities and expenses from state budget:

+ The case that the invention was created on the basis of entire state investment funds and technical facilities, the patent registration right belongs to the State. Organizations and state agencies are empowered as investor, representing State to exercise the right to register for patent;

+ The case that the invention was created on the basis of State contributes capitals which are funds and technical facilities, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. Organizations and Government agencies that are representatives of the State capital will be responsible for implementing the State’s patent registration right;

+ The case that the invention was created on the basis of research and development collaboration between state organizations, agencies and other organizations, individuals, if the cooperation agreement has no other provisions, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. State organizations and agencies participating in the research and development process will be responsible for implementing the State’s patent registration right.

2. To be granted the patent registration, the applicant must meet the following requirements: new; creative and capable of industrial application.

3. To be granted the patent protection/utility solution, the applicant must meet the following requirements: new and capable of industrial application.

Source: ANTLawyers.vn

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Note on Setting up a Representative Office in Vietnam

Setting up a representative office is considered one of the simplest forms of investment in Vietnam.

The representative office will help the foreign trader to lease office, hire people, open bank account, and promote the business activities in Vietnam market.  The chief representative if being foreigner will then could apply for work permit and temporary residence card to stay in Vietnam.  There is no income tax as the representative office therefore the liability to maintain a representative office is less hassle.  When the purpose of setting up representative office in Vietnam has been achieved, the closing down of the business shall be not as challenging as closing down a company.

According to Vietnam laws, representative office is a dependent unit, representing the foreign entity’s interests in Vietnam. Representative office is established by foreign entities to help them liaise, implement research activities, provide information and support them in seeking new partners as well as having understanding of the new market.

The foreign entity has to meet certain conditions before setting up representative office in Vietnam. It has rights and duties in accordance with Vietnam laws.

When preparing the application for license of representative office in Vietnam, the foreign entities have to note the following.

Prepare the application forms

The application forms as issued by Ministry of Industry and Trade. The application must be signed by legal representative of the foreign entity;

Notarize, legalize and authenticate documents

The foreign entity has to prepare and provide business registration certificate, audited financial report, charter, and office lease memorandum of understanding, passport of the legal representatives of the Representative Office in Vietnam. The documents issued in foreign countries have to be notarized, legalized and authenticated (apostille procedures) in accordance with Vietnam laws to be used in Vietnam. If the business registration certificate or alternative documents have expiry date for business entity’s operation, the remaining time must be at least one year;

Who should be the chief representative?

The Chief Representative of the Representative Office in Vietnam must be different from the Director of the foreign entity.

How long does it take?

It would take around 20 business days since application until receiving the business operation registration of representative office.

Source: ANTLawyers.vn

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Vietnam Temporary Residence Card for Foreigner

Under the provision of the Law on entry, exit, transit and residence of foreigner in Vietnam, temporary residence card is paper issued by the immigration management agency or the competent authorities under the Ministry of Foreign Affairs for foreigner. Accordingly, foreigner is allowed to reside for a definite time in Vietnam and the temporary residence card can replace visa.

Temporary ResidenceCard in Vietnam

The cases that are eligible for temporary residence card granting:

_ Foreigners who are members of diplomatic representative missions, consular offices, representative missions of international organizations under the United Nations, intergovernmental organization in Vietnam and spouse, child under 18 years old and maid are granted the temporary residence card with symbol NG3.

_ Foreigners who are granted visa with the symbol LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ, TT shall be granted temporary residence cards with similar symbols with the symbols in their visas

In which the meaning of the symbols in the visa is understood as follows:

_ LV1: Issued to person coming to Vietnam to work with departments, units and agencies directly under the central of the Communist Party of Vietnam; The National Assembly, the Government, the Central Committee of the Vietnam Fatherland, the Supreme People’s Court, the Supreme People’s Procuracy, State Audit, ministries, ministerial-level agencies, agencies attached to the Government; Provincial Committees, Party Committees, People’s Councils, People’s Committees of provinces and cities under the Central Government.

_ LV2: Issued to person coming to Vietnam to work with the political – social organizations, social organizations, Vietnam Chamber of Commerce and Industry.

_ ĐT: Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam.

_ NN1: Issued to person who is the head of the representative office, project of international organizations and international non-governmental organizations in Vietnam.

_ NN2: Issued to the head of the representative office or branches of foreign business entity, representative offices of economic, culture and other professional organizations of foreign countries in Vietnam.

_ NN3: Issued to person coming to Vietnam to work with foreign non-governmental organizations, representative offices or branches of foreign business entities, representative offices of economic, culture and other specialized organizations of foreign country in Vietnam.

_ TT: Issued to foreigners who are spouses, children under 18 years of foreigners that are granted visa with symbols LV1, LV2, ĐT, NN1, NN2, DH, PV1, LĐ or foreigners who are parents, spouses and children of Vietam citizen.

Source: ANTLawyers.vn

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How To Set-up Trading Company in Vietnam

Investment in setting up trading company in Vietnam is considered as investment in conditional investment areas

Once an underdeveloped country, in the last two decades Vietnam has shown an incredible growth in the world economic scene, especially in the criteria of investment attraction. For a foreign company that is interested in expanding the business in a new country or region, Vietnam is a promising destination. In order to start a company or specifically a trading company in Vietnam, foreign investor should comprehensively understand the formality and function of the legal entity to be formed according to Vietnam Law. The consultancy and guidance of skilled and qualified lawyers in Vietnam law firm throughout the process shall mostly be needed.

The legal basis for a foreign company to set up a company in Vietnam is stated in the Enterprise Law of Vietnam: foreign organizations and individuals will be entitled to establish and manage enterprises in Vietnam in accordance with this law, with some exceptions.  Foreign investors may invest in the form of 100% foreign- owned capital to establish limited liability companies, joint-stock companies, partnerships or private enterprises under the provisions of the Enterprise Law and relevant laws.

The foreign investor shall mostly needs to fulfill the investment registration procedures at provincial-level state agencies in charge of investment in order to be granted the investment certificates, in accordance with Vietnam law in investment. The dossier required for the investment registration shall comprise of an examination dossier, papers showing the capability to satisfy the conditions which the project is required by law to satisfy, for investment projects in conditional investment domains i.e. specific goods to be traded at HS code level, experience in trading area, how the trading procedures would be carried out, potential business in Vietnam.

In particular, for investment capital, it should be noted that, trading company needs to commit larger investment in terms of capital, since its function is to identify competitive suppliers, negotiate and purchase their products and sell them through a distribution network in Vietnam. In the meantime, the investor needs to have experience in trading to run the business smoothly and efficiently. The investor should explain why the company would contribute to the development in Vietnam when applying for investment license at Department of Planning and Investment, and Ministry of Trade and Commerce.

Source: ANTLawyers.vn

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