Patent Registration under PCT Procedure in Vietnam

Patent Registration under PCT Procedure

Vietnam joined in Patent Cooperation Treaty (PCT) on March 10th 1993 and originations, individuals can register international patent as provided in PCT by filling registration application at National Office of Intellectual Property of Vietnam (NOIP). NOIP has responsibility to examine and handle the application as provided in PCT.

File PCT Patent Application in Vietnam

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filling international patent under PCT procedure in Vietnam:

Required Document

-03 English written declaration for registration PCT application originating in Vietnam;

-02 Written descriptions including images or drawings (if any) ;

-02 written request of invention protection;

-01 Original Power of Attorney;

-Other related document (if only).

-International Patent registration originating in Vietnam under PCT

Receipt of applications:A registration application of an invention shall be filed in Vietnam, including protection claims in any of the Member Countries of the PCT Treaty (hereinafter referred to as the PCT application originating from Vietnam). The application shall be submitted directly or by mail to the NOIP or the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau)

The international search process: This process shall be conducted at competent authorities (National or regional patent office that meets the requirements set by PCT and be designated by PCT General Assembly). National patent office with PCT application originating in Vietnam is: Intellectual Property office of Australia, Austria, the Russian Federation, Sweden, Korea and the European Patent Office.

Publication of the international application: PCT application originating in Vietnam shall be posted at PCT Gazette.

The international preliminary examination: Conducted by the international preliminary examining authority as provided in PCT. The purpose of examination is to give a preliminary and non – binding opinion whether the invention in the application meets the requirement protection or not. Examining authority shall make a preliminary examining report and send to International Bureau.

National or regional phase: international application shall be examined form and content as regulation of normal patent registration in each nation.

Note:

Applicants must specify which countries they want the international application to take effect.

Each international application is subject to international search to find out the relevant technical status known to provide preliminary and non-compulsory claims on inventions that require novelty, creativity and usefulness. Therefore, the Contracting Party designated for patent protection is entitled to apply the standards of an invention under its domestic law in relation to the known state of the art and other conditions of competence. Patent shall be decided whether to be accepted for the protection based on the application.

If you are looking for experienced IP services in Vietnam to help you with your PCT Patent Application in Vietnam, you should visit ANTLawyers. Our Patent attorneys have experience with the PCT Patent process and will work closely with you as you apply for your PCT in Vietnam.

Source ANTLawyers: https://antlawyers.vn/legal-service/intellectual-property/patent-registration-under-pct-procedure.html

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Legal Framework for Fintech in Vietnam

 What Are Legal Framework for Fintech in Vietnam?

The 4.0 industrial revolution along with the explosion of the Internet has created the basis for the forward leap in all fields of life. The financial sector is not an exception and is directly affected by science and technology.  In addition to traditional finance, a new type of finance has been formed with superior characteristics which are appropriate for the current situation and actual needs, which is Fintech – Financial Technology. Despite the advantages of Fintech, the process of operating it faces certain difficulties including the legal challenges.

 

Fintech Lawyers in Vietnam

Fintech may utilize technologies being big data, cloud computing, artificial intelligence, biometrics and blockchain… There is no comprehensive legal framework for such at the present in Vietnam. Hence, regulations on science, technology, information technology and intellectual property can be applied depending on the nature of the matters including Law on Intellectual Property, Law on Information Technology, Law on High Technology, Law on Science and Technology, Law on Cyberinformation Security and Cybersecurity Law. These regulations partly facilitate the research, development and application of technological innovation together with ensuring the protection of databases and related intellectual property.

In particular, digital payment is a big part of Fintech. This sector is governed by Law on Credit Institutions, and regulations on non-cash payments, intermediary payment services. The Prime Minister also issued Decision 316 since March 9, 2021, allowing the use of mobile money to pay for goods and services of small value. This is the legal basis for the establishment of Fintech companies providing digital payment services and for the use of this method by customers. Fintech application also extend to Peer to Peer lending, asset management, and crypto currencies which are not yet clearly regulated in Vietnam.

Because of the importance of making legal regulations governing Fintech, Official Dispatch No. 2433/VPCP-KTTH dated August 31, 2021 of the Government Office directed: “The State Bank of Vietnam chairs and coordinates with relevant agencies to continue studying and concretizing regulations on the pilot mechanism of P2P lending in the process of developing and finalizing the draft Decree on a controlled trial mechanism. Control (Regulatory Sandbox) financial technology activities in the banking sector, report to competent authorities for consideration and decision in accordance with the provisions of the Law on Promulgation of Legal Documents”. On September 6^th, 2021, the Government issued Resolution No. 100/NQ-CP approving the proposal to formulate a Decree on a mechanism for controlled testing of Fintech activities in the field of the banking sector. In April 2022, after the research process, the State Bank of Vietnam published the Draft Decree on the controlled trial mechanism for Fintech activities in the banking sector. This draft is still at the stage of seeking public comment and has not been approved. The formation of the draft marks a new step in Vietnam’s legal framework for Fintech, laying a solid foundation for the later birth of the Decree.

In case the Draft is approved, the Government will officially issue the Decree on Controlled Trial Mechanism for Fintech in the banking sector. This Decree will serve as a basis for credit institutions and financial technology companies to test Fintech technology in their operations to a controlled extent. They can assess the effectiveness and possible risks when using Fintech solutions. Based on the results of the experiment, the legislature can identify issues that need to be corrected by legislation to promulgate legal documents regulating Fintech in the banking sector. If so, banking will be a pioneering field, leading to the formation of Fintech regulations in other fields.

In the face of the strong and rapid development of internet and its application, it is natural to have a separate legal framework for Fintech in Vietnam in the future. Fintech lawyers in Vietnam whom are interested in Fintech could also take part in the process of making the contribution through the comments on draft law drawing from the practical cases advising the clients. It is obvious that, some of the biggest companies in the word are in the technology industry. Among them, Fintech is the fastest growing start-up. The sooner legal framework on Fintech can be issued, the better for Vietnam to snap up opportunities to attract investment and catch up with the world.

Our Fintech, banking lawyers at ANT Lawyers - a Law firm in Vietnam will always follow up with development of legal framework in Fintech in Vietnam to provide update to clients.

Source ANTLawyers: https://antlawyers.vn/library/legal-framework-for-fintech-in-vietnam.html

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