Propose to Remove Nearly 2,000 Business Conditions

The Ministry of Planning and Investment has proposed to remove nearly 2,000 business conditions from ministries and sectors that are thought to cause difficulties and obstacles for businesses.

According to the report of the Ministry of Planning and Investment submitted to the Government, this agency proposed to remove 1,930 requirements and conditions on business that are considered as sublicenses hinder business for a long time. Of these, the Ministry proposed removing all or part of 302 financial conditions. In addition, 85 business conditions on location and 1,336 conditions on production capacity, 127 conditions on business methods, 80 conditions on planning… are proposed to be abandoned entirely.

In addition, other business conditions related to human resources issues (except for some professions that require professional qualifications and experiences such as doctor and auditor) and some conditions with inappropriate contents, the Ministry also recommends the abolition of all or part.

According to the report of the Central Institute for Economic Management (CIEM), there are about 4,284 business conditions, corresponding with 243 conditional investment businesses. Of these, the Ministry of Industry and Trade has the highest number of business conditions with 1,152 conditions; next is the Ministry of Agriculture and Rural Development, Ministry of Health…

Most of these business conditions are creating unreasonable barriers to investment, entry into the market, limiting the number of newly registered businesses, increasing production costs, discouraging businesses.

Moreover, business conditions also reduce market competition, productivity and competitiveness of the economy. Businesses also face with many risks in the process of operation when many business conditions are unclear, creating opportunities for the arbitrariness of state management agencies and the harassment of officials… These effects are going backwards and hinder the Government’s resolve to improve the business environment and cut costs for businesses.

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Can I copyright something on behalf of another person?

I’m afraid the Copyright Act beat you to it. Copyright arises automatically under the law at the time a copyrightable work is created and “fixed in a tangible medium of expression” (e.g., drawn on paper, saved in digital format, recorded on tape, etc.). What that means is that your cousin’s logo design was protected by copyright law as soon as she created it, and she has owned the copyright since that time.

What you may be thinking of is the act of registering a copyright with the Copyright Office. Registering a copyright doesn't create the copyright itself — it simply records a person’s claim to a particular copyright with the federal government. (It also provides some very valuable benefits in the event someone infringes the copyright, which is the primary reason most people and businesses do it.) Unfortunately though, you aren't permitted to register someone else's copyright unless you’re acting as the copyright owner’s authorized agent. So, at least assuming you want the gift to be a surprise, the Copyright Office won't permit you to register the copyright in the logo since you don't have your cousin’s authorization. But you certainly can help your cousin do it herself or even ask her for authorization to be her agent for the purpose of registering the copyright.

                                                                                                                                                               

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Licensing Your Copyrighted Works

If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.

If you’ve taken the necessary steps to register your copyrighted works, you inevitably will have an opportunity to royalties off of them. To take advantage of the opportunity, you will need to be familiar with copyright license agreements.

Copyright License Agreement

A copyright license agreement sets for the terms under which a third party can use your content. In legal language, you will the “licensor” with the other party being the “licensee.” The purpose of the agreement is to set forth the terms under which you, the licensor, will grant the third party, licensee, the right to use, publish or reuse your copyrighted work in exchange for a royalty. Let’s take a closer look at key components of the licensing agreement.

Specific Rights Granted

This may sound obvious, but the agreement needs to detail exactly what copyrighted material can be used. If you have copyrighted articles, are you granting a right to use all of the articles or only certain ones? It is highly recommended that the agreement contain a detailed description of the exact materials being covered.

Once you agree upon the exact materials, you need to determine any restrictions on how the material can be used. Can the material be used on the Internet or will it be restricted to a certain niche’ such as manuals or collections of materials?

An extremely important issue is whether the agreement grants exclusive or non-exclusive rights. In English, this simply defines whether the licensor can grant similar rights to other parties. The grant of exclusive licenses should require a much larger royalty rate since you are essentially betting the third party will be successful.

Licensing Royalties

In exchange for your copyrighted work, the third party is going to make royalty payments to you. The particular amount of the royalty is dependent upon the nature of your work. Issues to consider include:

1) Will you be paid a flat amount or percentage of sales?

2) If a percentage, will it be figured from gross revenues or something less?

3) How often will you be paid?

4) What rights will you have to audit the books of the third party to determine you are getting the full royalty?

In some situations, you may decide to forgo a royalty payment. This usually occurs when the third party will use the materials in manner that produces massive publicity for you. For example, many professionals seek to right columns for publications as a marketing tool. Often, they will not charge the publication for the material because the resulting publicity carries enough of a benefit.

In Closing

 If you are considering licensing copyrighted content, keep the above in mind. Since such agreements are difficult to break, hiring an attorney is worth the expense.

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How to Register Trademark in Vietnam?

Trademark protection in Vietnam is initially obtained through trademark registration.  Litigation is the final measure to handle dispute during trademark protection.

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. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.

The annual reports of the Vietnam National Office of Intellectual Property (NOIP) prove that trademark violation in Vietnam is the most popular, among other industrial property rights.  According to the preliminary annual report in 2011, and 2012, there has been more than 1,000 cases of trademark violations each year.  Report of 2013 shows more than 2,000 trademark infringements were handled with the total fines of trademark violators of around USD 1 million.  Having said that, it is important for trademark owner to register trademarks in Vietnam for better protection.  This is also suggested for even well-known trademarks.

For registration, trademark owner has two options: either directly register trademark in Vietnam by filling an application for registration with the Vietnam NOIP, or seek the protection in Vietnam through Madrid’s system.  For the first option, the trademark owner needs to prepare, file for registration, and pay fee as the requirement of Vietnam Intellectual Property law.  In case trademark needs to be protected in a number of nations, including Vietnam, trademark owner may register trademark through Madrid’s system.

Where the violation of trademark occurs, trademark owner needs to judge the level of infringement, level of damage to choose suitable resolutions.  Initially, the trademark owner may protect by requiring to the trademark violator to terminate the infringing acts, apologize, and rectify. In case of being damaged, trademark owners have rights to claim compensation.  If failing to reach result, trademark owner may use settlement mechanism through negotiation or mediation or could request the competent state agencies to handle acts of infringement through i.e. filling a denunciation application and submitting to the Vietnam NOIP.  Litigation might be required to handle acts of infringement.  Generally, the proceeding of civil litigation is more complex than the arbitration proceeding. In cases the trademark owner needs a decision from court in order to end trademark infringement, civil litigation is top priority. In the remaining cases, arbitration is a better choice with advantages of cheaper cost, shorter settling time, and more flexible.

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Toyota patent shows device that can make car pillars transparent

Long gone are the days of narrow roof pillars that not only looked good from the outside but provided optimal visibility from inside the cabin. Safety standards, while necessary, have enlarged car pillars to sizes that sometimes make it pretty difficult to check surroundings.

Toyota may have something to counter the annoyance of massive pillars, per its latest U.S. patent. The Japanese automaker has detailed a device of sorts that makes a vehicle's A-pillars completely transparent. No, it's not wizardry, some James Bond gadget, or even video cameras. It actually involves mirrors.

By carefully placing mirrors, Toyota's patented cloaking device makes it possible to bend light around an object—in this case, a vehicle pillar—and see the other side of it. This sort of technology already exists today, but with the help of cameras and other expensive components. Therefore, Toyota felt a more practical and less expensive option was deemed necessary.

It's not clear if and when Toyota will implement the cloaking device solution, but the patent was filed by the company's American arm. With that said, it's likely the solution would be implemented on the automaker's U.S. cars and trucks. We may not ever see a day when thin, creatively-crafted vehicle pillars return, but we suppose at least seeing around the massive structures is better than nothing.

 

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Source: Motorauthority

 Toyota patent shows device that can make car pillars transparent

Long gone are the days of narrow roof pillars that not only looked good from the outside but provided optimal visibility from inside the cabin. Safety standards, while necessary, have enlarged car pillars to sizes that sometimes make it pretty difficult to check surroundings.

Toyota may have something to counter the annoyance of massive pillars, per its latest U.S. patent. The Japanese automaker has detailed a device of sorts that makes a vehicle's A-pillars completely transparent. No, it's not wizardry, some James Bond gadget, or even video cameras. It actually involves mirrors.

By carefully placing mirrors, Toyota's patented cloaking device makes it possible to bend light around an object—in this case, a vehicle pillar—and see the other side of it. This sort of technology already exists today, but with the help of cameras and other expensive components. Therefore, Toyota felt a more practical and less expensive option was deemed necessary.

It's not clear if and when Toyota will implement the cloaking device solution, but the patent was filed by the company's American arm. With that said, it's likely the solution would be implemented on the automaker's U.S. cars and trucks. We may not ever see a day when thin, creatively-crafted vehicle pillars return, but we suppose at least seeing around the massive structures is better than nothing.

 

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers Foreign Investment Practice or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

Source: Motorauthority

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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.

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.

ANT Lawyers’ Intellectual Property lawyers in Vietnam have assisted a number of clients being foreign brands in its effort to protect their intellectual property and industrial property rights in Vietnam under Intellectual Property Law through advisory, and implementation service.

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Source: ANTLawyers.vn

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What is Intellectual Property?

IntellectualProperty is the product of your thinking that can be used for commercial value. In other words, you think of a song and write down the words – you have the legal right to prevent others from copying or making a song based on your lyrics. This right you have can make you money if someone is willing to pay you for your song. Maybe your boss asked you to write a computer program. Who owns the work? You may have designed a new mouse trap and have the design on computer. Or you have created a distinctive logo for your company. But Intellectual Property goes deeper than songs or even copyrights. Let’s examine the four main areas of Intellectual Property law: Trade Secrets, Copyrights, Trademarks and Patents.

Trade secrets give the owner a competitive edge. If some information has value to competitors and they don’t know about it – then it’s a trade secret. If the information was not kept reasonably safe (secret) then it’s not a trade secret. Trade secrets may be sold with the business or stolen from bad employees. Maybe a former employee didn’t sign a non-disclosure statement before going to work at the competition. Some also reverse engineer software to gain the source code. This highly protected source code for computers is their trade secret, giving them an advantage over the competition. The trick is you have to keep your trade secrets as such, secrets.

Copyrights protect all kinds of writing by singers, writers, programmers, artists, etc… These are the best known of all intellectual property. Registering with the US Copyright office can enhance the automatic protection. You must have your copyright material on paper, tape, or computer. Copyright protection applies to the “literal expression.” It doesn’t protect the “underlying” theme of the writing. It must have some creativity. You can’t copyright a simple list. You don’t actually have to have a copyright notice since March 1st, 1989. The recommended notice is “copyright” year author’s name. For example, this article will have a copyright. Copyright 2005 Stuart Simpson. But it is not necessary.

Trademarks must be aunique name, design, symbol, logo, color, container, etc…that businesses use to distinguish their goods from others in the same market. You should have a strong name for a mark, as common words receive less protection. Like Stuart’s Cold Ice Cream Company. My name and the descriptive term (cold) are weak marks. But a distinctive name like Netflix, is a strong mark. Netflix is technically a “service” mark. It falls into the same category as trademarks. Your trademark must be submitted to the US Patent and Trademark Office (PTO). But first, the mark must be put into use “in commerce that Congress may regulate.” This means you have to sell across state lines or have a business that caters to interstate or international travelers. After you do this, you can file another form to show the mark is actually being used. The PTO checks for similar marks. You can’t use the circled R just yet. You can only use this if your logo or mark has been registered.

Patent law givesinventor of new and special invention the right to use this invention for a fixed period of time. The US Patent and Trademark Office (PTO) must find that the invention qualifies for patent protection. Your invention has to be new and novel, not obvious. What do you do with a patent? Normally, the inventors get a license agreement with a company to produce the product for a period of time. In exchange, the company pays the inventor royalties for each item sold.

Intellectual property goes further in depth on each of these items. I wanted to give you a brief description to help broaden your knowledge base when writing, creating or inventing. If your work falls into one of the above categories, do more research. I will be writing on each specific area in the future.

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Author:Stuart Simpson

Source:.Articlecity.com 

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What is a trademark anyways?

We're not necessarily talking about Elvis' trademark sideburns or Catherine Hepburn's trademark voice, but that's not too far from the path.

They're everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and it's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn.

We're not necessarily talking about Elvis' trademark sideburns or Catherine Hepburn's trademark voice, but that's not too far from the path.

They're everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and it's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn.

The definition of trademark is a pretty simple one. It's only later that the topic gets complicated. Basically, a trademark is just a sign of some kind that distinguishes a company from all the rest. Trademarks sit under the umbrella of “intellectual property.” A trademark can come in many different forms. Maybe it's am image or a a turn of phrase. Paris Hilton was recently poked fun at for trademarking the phrase “that's hot.” Indeed, there's a lot of controversy over what can and should be trademarked.

Are you thinking about buying some intellectual property? If you do, you will be able to take people to court if they use your trademark without permission. It's important that your company has a signature and unless it's protected, it's useless and can be used by just about anyone. A trademark might seem a simple concept enough, but if you overlook the issue, it could cost you a lot down the road.

When talking about trademarks, you're bound to get into some murky water. For instance, some marks, logos, phrases, images, etc, become trademarks over time, if by chance they simply grow to become synonymous with a particular product or service. When we think of trademarks in this way, it's pretty apparent that a trademark is not a narrow concept at all. Anything that conspicuously distinguishes something from something else, in a sense, can technically be a trademark.

What about those little circles with the “TM” and “R” in them? What do they mean? The “TM” refers to trademark and the “R” refers to a registered trademark. While they serve as gentle reminders that the trademark is protected by law, they aren't necessary. There are both unregistered and registered trademarks out there, the latter obviously carrying more weight in a court of law. Most of the trademarks you see on TV and in magazines are registered.

Just as with physical property, intellectual property – when handled in court – is dealt with based on its jurisdiction.

There are five basic kinds of trademarks: distinctive, arbitrary, suggestive, descriptive, and generic. On the other hand, there are some symbols that can never be used in trademarks, like national flags. It's also important to note that national and international trademark law vary, so especially if you are conducing business overseas, you should be aware of that.

A trademark can open your company up to all kinds of business and separate it from the pack, but if it's not formed carefully, it may misrepresent and misdirect your company. So choose your trademark  intelligently and make sure you understand the law backing it up so that you can put it to good work.

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How to Select a Patent Attorney

Could you use a little help protecting your invention? If so, an attorney skilled in patent law is your best bet.

As you can imagine, conveying your invention to someone who knows nothing about it will be difficult.  Therefore, it is best if you are in direct contact with your patent attorney. You can meet in person and show the patent attorney any prototypes or drawings you may have to help illustrate your invention.  As you can probably guess, the process will go more smoothly if you work with a patent attorney near you.  Although it can be done, a long distance relationship will only strain the process.   

Probably the best way to select a patent attorney in your city is through word of mouth.  To help find referrals (and to associate with others who have interests similar to yours), you may want to join a local inventors club.  You can also search through the USPTO’s list of registered patent attorneys or even just use their database to check your potential patent attorney’s credentials.

When you are seeking out a suitable patent attorney, you need to ask about their experience and background. Ask them what degrees they hold, the number of years they’ve spent writing and prosecuting patents, and the number of patents granted.  Get references from previous clients and call them to ask about their experience with the patent attorney.

When selecting a patent attorney, it’s also important to find someone who specializes in the field your invention is related to.  Patent attorneys are not equal in all areas.  For starters, what is their degree(s) in?  This is very important.  Some patent attorneys will have a degree in engineering.  Other patent attorneys will be skilled in the field of biology, others physics and yet others, computer science.  You don’t want to take your newly invented cell line (yes you can patent such things) to a patent attorney with a background in electrical engineering.  You would want a patent attorney with a background in biology to help you with this type of invention. 

If you have a basic invention, going with a patent attorney with a general mechanical engineering background will probably save you some money.  Specialized professionals usually charge more.

You want their background and your invention type to match as closely as possible.  Writing patent applications is a bit of an art.  Obviously, a patent attorney will come in handy to help you through the legalese, but there is also a great deal of knowledge and specific technical detail that must go along with it.  This is why patent attorneys must have technical backgrounds.

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Author:Lisa Parmley

Source: Articlecitydate

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Procedures to Apply for Temporary Residence Card in Vietnam

Temporary Residence Card in Vietnam

For foreigners wishing to reside in Vietnam, they must belong to the subjects to be granted temporary residence card.  For most of the case, the temporary residence card holder are investors whom invest to establish company in Vietnam, or employee being employed and sponsored by an organization in Vietnam.

The following shall details the procedures to be implemented for applying for temporary residence card in Vietnam.

I. Subjects to be Granted Temporary Residence Card

• Issued to members of diplomatic missions, consular offices, representative offices of international organizations affiliated to the UN, representative offices of intergovernmental organizations and their spouses, children under 18 years of age, and housemaids during their term of office. (NG3)
• Issued to people who come to work with units affiliated to Vietnam’s Communist Party; the National Assembly, the government, Central Committee of Vietnamese Fatherland Front, the People’s Supreme Court, the People’s Supreme Procuracy, State Audit Agency, Ministries, ministerial agencies, Governmental agencies, the People’s Councils, the People’s Committees of provinces. (LV1)
• Issued to people who come to work with socio-political organizations, social organizations, Vietnam Chamber of Commerce and Industry. (LV2)
• Issued to foreign investors in Vietnam and foreign lawyers practicing in Vietnam. (DT)
• Issued to Managers of representative offices or projects of international organizations and foreign non-governmental organizations in Vietnam. (NN1)
• Issued to heads of representative offices, branches of foreign traders, representative offices of other foreign economic, cultural, professional organizations in Vietnam. (NN2)
• Issued to people who come to study or serve internship. (DH)
• Issued to journalists who have permanent residences in Vietnam. (PV1)
• Issued to people who come to work. (LD)
• Issued to foreigners that are parents, spouse, and children under 18 years of age of the foreigners issued with LV1, LV2, DT, NN1, NN2, UNIVERSITY, PV1, LD visas, or foreigners that are parents, spouse, and children of Vietnamese citizens. (TT)

II. Conditions for Implementation

• Time to stay in Vietnam more than 01 year;
• Valid passport more than 01 year;
• In case of having a work permit, the work permit of the foreigner must be valid for 01 year from the date of the application for a temporary residence card. For investors, there must be written documents proving that foreigners contribute capital to, or invest in, enterprises in Vietnam (business registration certificates, investment licenses …).

III. Required Documents to Apply Temporary Residence Card

• A written request of agencies, organizations and individuals offering, guarantee and propose for temporary residence card (form NA7)
• 01 declaration of information of foreigners who apply for temporary residence, with photos and sealed by the agency or organization: A written request for temporary residence card (Form NA8); a declaration about Foreigners applying for temporary resident card (Form N7B)
• Two 3 x4 cm size photographs;
• Passport, valid visa, immigration cards (bring original for comparison);
• Notice of use of the seal of the enterprise
• 01 copies or photo (bring the original for comparison) proof of purpose to stay in Vietnam.

Depending on situations, the following documents would be required: investment licenses, permits the establishment of enterprises, work permit in Vietnam, certificate of board members and permits the establishment of representative offices, marriage/birth registration.

IV. Implementing Agencies to Apply Temporary Residence Card:

Immigration management Department, Police provinces and cities directly under the Central Government.

V. Duration to Obtain Temporary Residence Card in Vietnam: 05 to 07 days;

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