Deadline for submission of AD07 case response questionnaire

On August 5^th 2019, Minister of The Ministry of International Trade and Industry issued the decision no. 2334/QĐ- BCT on the investigation of the application of anti-dumping measures on some plastics and plastic products made from propylene polymers comes from the People’s Republic of China, the Kingdom of Thailand and Malaysia (AD07). The case was initiated under investigation based on a request filed by a local manufacturing industry representative on April 26^th, 2019.

Anti-dumping Law Firm in Vietnam 

Pursuant to Official Letter No. 704 / PVTM-P1 sent by the Vietnam Chamber of Commerce and Trade to all parties involved in the AD07 case on August 19, 2019, asking foreign manufacturers and exporters to conduct questionnaires. The investigation has been posted publicly on the website of the investigating authority and the Ministry of Industry and Trade or contacting the investigation office of the Department of Trade Remedies to receive the questionnaire.

Related post: Vietnam Investigates and Applies Anti-Dumping Measures on Some Plastic Products from China, Thailand and Malaysia (AD07)

After completing the questionnaire, the manufacturers and exporters related to the case AD07 send the complete questionnaire including 03 confidential copies, 03 public copies (hard copy) and 01 USB containing the soft copy of the answer. The answer is considered to be submitted on time when the Investigation Agency receives all hard and soft copies before 4:30 pm on September 25, 2019 (Hanoi time). Investigating agencies request stakeholders to answer and carefully study the instructions in the questionnaire before answering and submit the questionnaire within the prescribed time limit. Beyond this period, all questionnaires submitted to the investigating authority are not considered valid.

In the event that the investigating authority does not receive the timely response or the information provided incorrectly, incompletely as required, the investigating authority will apply the provisions of Article 10 of Decree 10/2018/ ND- CP on related parties not cooperating in trade defense cases.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

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Mikazuki Group Wants to Build A Night Market and A Japanese Pedestrian Street in Da Nang

On July 15^th 2019, representative of Mikazuki Group (Japan) had a meeting with Da Nang City People’s Committee on the investment plan of night market and pedestrian street, similar to Tokyo night street.

Accordingly, Mikazuki Group’s leaders continue to affirm and commit to complete the construction of the onsen hot mineral water park at the Mikazuki Spa & Hotel tourist project in April 2020 and complete the whole project in 2021.

Set-up company in Da Nang

Besides, General Director of Mikazuki Group (Japan) expressed his desire to invest 50 million USD to build night market and pedestrian street next to Mikazuki Spa & Hotel project (Hoa Hiep Nam ward, Lien Chieu district).

The group also proposed the city to soon complete the conversion of the purpose of using the area of 5,000m2 of the land into commercial land – services as well as implementing the project related parts.

Vice Chairman of Da Nang City People’s Committee welcomed Mikazuki Group to study and invest an additional of 50 million USD to build night market and walking street next to the Mikazuki Spa & Hotel tourist area. Regarding the proposals of the group, the City People’s Committee pledged to direct the Department of Natural Resources and Environment to actively accelerate the conversion of land use purpose for 5,000m2 to soon complete the project.

For the roads around the project, the City People’s Committee will work with the project operating units and Lien Chieu District People’s Committee to speed up the implementation, striving to complete soon; assigned Construction Department, Institute of Construction Planning, Department of Transport and People’s Committee of Lien Chieu District to study and renovate the landscape of roads around the tourist area.

Earlier, in March 2019, Mikazuki Group organized a groundbreaking ceremony for the Mikazuki Spa and Hotel Resort project in Japanese style at Xuan Thieu beach. The 5-star project Mikazuki Spa & Hotel Resort (Xuan Thieu Tourist Area) with a total investment capital of 100 million USD, total area of about 13 ha, located on Xuan Thieu beach (Hoa Hiep Nam ward, Lien Chieu district).

The project is designed by Raymond Vietnam – Japan Architecture Design Company Limited with a scale of 5-star standard hotels, 19-storey high, construction density of 25%, including 464 accommodation rooms, amusement parks, resort serving about 6,000 guests/day and restaurant area, conference, water park, food court, car park…

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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What are some tips for designing a logo?

Here are some excellent tips which I have depended on for over 20 years as a graphic designer:

-Learn composition and layout. This includes creating a read-order and establishing a hierarchy for the elements. It includes proportion and visual rhythm and the interaction of positive and negative space.

Industrial Design in Vietnam

-Learn typography. Develop an eye for spotting letterforms that complement the attributes of the logo illustration. Or ones that contrast those attributes in pleasing or arresting ways.

-Learn illustration. Become capable of creating your own custom graphic elements. Don’t rely on fucking free clip art. That is not logo design.

-Learn color theory. This includes techniques for developing color palettes and the basics of color psychology to evoke desired responses from your audience.

-Learn art history. If you want to evoke a particular era, it helps to know what era that is, and how its style is defined.

-Learn print and on-screen production techniques. Don’t create logos that can’t be reproduced faithfully under all necessary conditions.

-Practice all of these skills constantly. There are no substitutes or shortcuts for this. And seek the advice of designers who are more skilled and experienced than you.

In short, the best tip I can give you for designing logos is learn how to design. You can’t become a good logo designer by collecting tips or hacks if you don’t have a solid foundation of design study to build on.

Source: Quora

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Korean Enterprises Poured Nearly 3.2 Billion USD into Binh Duong

Korean investment ranked 5th among countries and territories investing in Binh Duong, mainly in the fields of textiles, leather shoes, manufacturing products to support the automotive, medical, cosmetic industries and food processing…

Setting up company in Vietnam

According to Binh Duong Department of Planning and Investment, since the beginning of the year, Binh Duong has attracted nearly 1.45 billion USD of foreign direct investment (FDI), increase by 70% compared to the same period last year.

Accumulated until now, Binh Duong ranked 3rd in the whole country (after Ho Chi Minh City and Hanoi) in attracting FDI with over 3,650 projects from 64 countries and territories, with a total registered capital of 33.93 billion USD.

Notably, Korean enterprises have more and more investment projects, contributing positively to socio-economic development of Binh Duong. Among more than 3,650 FDI projects in Binh Duong, Korea ranked 5th with more than 800 projects, with a total investment of nearly 3.2 billion USD. Korean businesses operate mainly in the fields of textiles, leather shoes, manufacturing products to support the automotive, medical, cosmetic and food processing industries…

From the beginning of the year until now, the project to expand investment with the largest registered capital in Binh Duong is from a Korean enterprise.

Specifically, the project of KyungBang Vietnam Co., Ltd in Bau Bang Industrial Park, registered capital increased by 84 million USD, bringing the total registered investment capital to 179.2 million USD.

According to the Chairman of Binh Duong People’s Committee, the results of FDI attraction in Binh Duong are due to the positive contributions of the people and the foreign business community, including the contributions of Korean enterprises.

Therefore, the difficulties that Korean enterprises raised about human resources, problems in the investment process, technology, procedures for selling projects, machinery and equipment, changing the owners’ names, transfer of capital… Or, petitions on building more hospitals, applying health insurance for foreigners; opening Korean language teaching centers in colleges and universities in the province; set up e-mail system to solve difficulties in the province… Binh Duong People’s Committee will officially reply by documents for enterprises to thoroughly resolve petitions. At the same time, relevant departments must coordinate in strengthening the links between schools and businesses to focus on addressing the problem on lack of high quality human resources…

Besides, Binh Duong will concentrate resources to complete the socio-economic infrastructure system such as transportation, water supply, electricity, environmental treatment… to carry out planning to expand industrial parks, creating a clean land fund to attract investment.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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How do you protect your trademark around the world?

It is important to understand that a right over a trademark is a restriction on commerce. Once a trademark is granted to a market the others may not use an identical or substantially similar trademark to mark the same class of products.

 Register trademark in Vietnam

Now since trademark owners must use its trademark to keep their rights and since trademark law is regulated mostly State by State it is not possible to protect a trademark unless you really participate in all demographic markets of the world, like Coca-Cola, although there are places of the works where Coca-Cola is not sold.

There are some internal systems which allows you to protect a trademark in several countries with one registration. Nevertheless, if you don't really use that trademark in each of those countries you may end up loosing it because trademarks must be used.

Finally, keep in mind that if you want to protect your trademark globally you will need to have a good trademark protection and prosecution strategy.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Source: Quora

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The Need for Commercial Mediation in the Performance of International Contracts

In contract dispute resolution, the average time to resolve a commercial contract dispute at the Court in Vietnam, even with the help of dispute lawyers in Vietnam whom know well the process would take long time through multiple proceedings. This period will last longer if there is a foreign party in the dispute, including service of notarization, legalization, authentication (or apostile) the documents. According to World Bank statistics, the cost of resolving a commercial dispute at the Court accounts for about 29% of the contract value (including attorneys’ fees, court fees, judgment execution fees).

The practice of resolving the dispute case at the Court appears to face many challenges of time lengthening and possible effective enforcement leading to cost of time and money. Therefore, the selection of dispute resolution in the mediation center is a possible option to resolve this issue.

Vietnam authorities and international agencies have taken active measures needed to promote the application of commercial mediation in international contracts, in order to resolve issues more quickly and effectively in international trade disputes. The application of commercial dispute resolution at mediation centers in Vietnam will save time and costs for dispute resolution. In addition, the dispute resolution at the mediation center will also help the parties maintain the relationship for future business transactions.

Until Aug 2019, in Vietnam, there are 7 commercial mediation centers licensed by the Ministry of Justice with a team of domestic and international certified mediators and lawyers who can contribute to resolving disputes in international trade contracts.  The use of mediation centers in the settlement of disputes in Vietnam with the help of lawyers in Vietnam will help the parties to find common grounds and together save cost, time, keep confidentiality of the dispute and could continue to do business with each other.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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Do I need to trademark my domain name?

Getting a trademark is a great form of protection for yourself but only if you qualify for registration. You only need to trademark your domain name if you use the words in your domain name to sell a product or service and you would like to prevent others from being able to use whatever your domain is to sell similar products or services.

Trademark Law Firm in Vietnam

If you’re not using the domain for any sort of product or service then not only do you not need to get a trademark for your domain you will not even be able to register your domain as as a trademark. The purpose of a trademark is identifying and distinguishing the source of a product or service from the source of similar products or services. Therefore if your domain is not used to distinguish your goods or services it will not meet the requirements for getting a trademark.

Before registering please be sure to conduct a thorough trademark search. Your trademark cannot be similar to anyone else’s trademark if they are selling a similar product or service. If your domain is too similar to another company’s trademark in a way that would confuse consumers about the source of your product or service, you will not meet the requirements for getting a trademark.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Source: Quora

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What’s a Patent?

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. A patentee must disclose the invention in a patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

Patent Law Firm in Vietnam

INVENTIONS PATENTABLE

-Art, Process, Method or Manner of manufacture;

-Machine, Apparatus or other Articles;

-Substances produced by Manufacturing

-Computer Software which has Technical application to Industry or is used with Hardware

-Product Patent for Food / Chemical / Medicines or Drugs.

INVENTIONS NOT PATENTABLE

-Frivolous or obvious inventions.

-Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.

-Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature

-Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.

-Producing a new substance by mere admixtures of substances.

-Mere arrangement/rearrangement or duplication of known devices functioning independently.

-Method of agriculture and horticulture

-Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.

T-he biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).

-A mathematical or business method or algorithms.

-A Computer Programme per se other than its technical application to industry or a combination with hardware.

-Aesthetic creation including cinematography and television production.

-Method for performing mental act or playing game.

-Presentation of information.

-Topography of Integrated Circuits.

-Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.

-Inventions relating to Atomic Energy.

REQUIREMENTS FOR FILING THE PATENT IN INDIA

-Full name, address & nationality of applicant (s) and inventor (s).

-Specification, provisional / complete drawings , claims and abstract.

-List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , along with date and application number.

PROCEDURE FOR THE GRANT OF PATENT

-After filing Patent Application in India, a Request for Examination is filed with the Patent Office

-Thereafter the application is examined by patent office and objections, if any, are raised thereto.

-After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.

-The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.

RENEWAL

The patent is renewed every year from the date of patent.

Disclaimer: All the content provided in this article is for information purposes only. The owner will not be liable for any losses, injuries or damages from the display or use of this information. The owner of this blog is an intern at Legistify. To reach more such informative blogs, follow this link https://www.legistify.com/blogs

Source: Quora

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Sharp Plans to Build A New Factory in Vietnam, Operating in 2020

China will not be Sharp’s place of manufacturing LCD screens for cars sold in the US, this stage will be transferred to Vietnam. Sharp is going to set up factory in Vietnam.

According to Sharp, they will build a new factory in Vietnam to avoid the new tax imposed in the long-running US – China trade war.

The factory in Vietnam will assemble LCD screens for cars sold in the US. At the same time, about 10% of Dynabook’s production of personal computers can also be transferred from China to the new facility.

Sharp has not disclosed the investment amount to build a new factory but said it will operate in 2020 near Ho Chi Minh City. At the same time, Sharp will establish a subsidiary company with a capital of 25 million USD to operate the plant. In addition to LCD screens, this factory will also produce air conditioners and other electronic devices for sale in Vietnam.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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Which country does a patent process fast?

South Africa is a non-examining country, so you can get a granted patent in under a year. But, because it is so easy to obtain, the value has little weight or sway. This is especially true of the patents value outside of the granting country. i.e. For the PPH program. In such cases, the granted patent is little more than a ticket into the court room where you can then argue over questions of novelty, non-obviousness, and usefulness. (All the decision factors that delay patent granting in most other countries.)

Patent Law Firm in Vietnam 

Many countries will prosecute a patent application faster if you pay an extra fee for expedited processing, or if your patent is the subject of an infringement or other litigation issues.

I can’t think of any situation where speed of issuing should be a decision factor in patenting. There are much more important criteria. A licensed patent attorney will be able to help you develop an international protection arrangment based on your business needs and industry.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.

Source: Quora

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