Condition, Procedures and Period of Patent Registration in Vietnam

Before applying the patent registration, applicant needs to find out the matters related to conditions, procedures and period from the time of submission the application until granting the protection title when registering a patent to avoid the cases that National Office of Intellectual Property in Vietnam (NOIP) may issue the notification on denying examination due to not meeting criterias or non compatible dossiers.

Register invention in Vietnam

According to Law on Intellectual Property in Vietnam, a patent needs to satisfy 03 following criterias to be protected:

-An invention shall be deemed novel if it has not yet been publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam before the filing date or the priority date, as applicable, of the invention registration application.

-An invention shall be deemed not yet publicly disclosed if it is known to only a limited number of persons who are obliged to keep it secret.

-An invention shall not be deemed to have lost its novelty if it is published in the following cases, provided that the invention registration application is filed within six (6) months from the date of publication:

1.It is published by another person without permission from the person having the right to register it;

2.It is published in the form of a scientific presentation by the person having the right to register it;

3.It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it.

-An invention shall be deemed to be of an inventive nature if, based on technical solutions already publicly disclosed by use or by means of a written description or any other form either inside or outside Vietnam prior to the filing date or the priority date as applicable of the application for registration of the invention, the invention constitutes inventive progress and cannot be easily created by a person with average knowledge in the art;

-An invention shall be deemed to be susceptible of industrial application if it is possible to realize mass manufacture or production of products or repeated application of the process which is the subject matter of the invention, and to achieve stable results.

For registration procedurds, after the application was filing, it will go through 02 phases of examination:

-The application will be examined formality from 1-3 months. If the application meets the formality criteria according to the law, NOIP will issue the decision on accepting the formality of the application. Then, it will be published on Industrial Property Official Gazette within 02 months from the date of issuing the above decision.

-Then, when having the request, the application will go through a substantial examination within 12-16 months. If meeting the protection criteria as mentioned above, NOIP will issue the Patent to applicant.

However, the actual examining period will be shorter or longer than as regulated.

In case of authorizing ANT Lawyers as IP agent in Vietnam, the client needs to provide the following documents:

-Name and address of the applicant;

-Name and address of inventor(s);

-POA to ANT Lawyers;

-Specification, Figures and Claims of the patent;

-Priority documents (if any);

-Other related documents.

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.

Read More

How can i protect trademark around the world?

If you want to protect your trademark around the world you should keep in mind one thing - trademarks are territorial. The registration of your trademark in one country doesn’t mean protection in the whole world. If you want your mark protected worldwide you have to register it in each country of the world but this is such an expensive and long process.

Trademark in Vietnam

The most cost-effective decision will be the registration of your mark in the countries where you already have or plan to have your business.

Also, there are some opportunities for those who want to register their brand in the European Union countries - a EU trademark which includes the registration of your mark in all 28 European Union countries. One more advantage is that applying for a EU trademark is much cheaper than for each EU country separately. But you should remember that your registered trademark must be used in commerce, otherwise, it can be canceled.

Source: Quora 

Read More

How can I register an idea?

You can’t protect an idea, however you can protect an invention. Of course, the idea is the first step in that creation process, but until you create something tangible, there is no protection for you there. Once your idea manifests into an actual invention, then you can work through the process of protecting it through a patent. Depending on your invention, you will likely be considering one of the following patents:

Register invention in Vietnam 

Utility Patent: This type of patent focuses on function. It is appropriate to file for this patent if you have created a brand new product that has never been invented before.

Design Patent: This type of patent is appropriate if you have a product that is already established on the market, but you have created a new look that is incredibly unique.

In some instances, your invention may be eligible for both types of patents. To best determine where you should go from here, you should consult a patent attorney.

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

Read More

The Benefits of Registering the Trademark

The claim of ownership: Registering your trademark gives you the mark of ownership, which essentially means, that you retain the exclusive use of the mark and no one else can use it. Thereby, helping you establish your brand more effectively.

Trademark in Vietnam 

Listing in IP Vietnam’s Database:

Being listed on IP Vietnam’s online database ensures that others know that you own the mark and have exclusive rights to using it. It acts as a deterrent against possible misuse.

The right to use the ® symbol:

Once your trademark has been registered; you have the right to use the ® symbol which shields your trademark from infringement by granting it legal protection.

Sell and License your brand:

Having a trademark can help you sell and license your brand and also helps in brand recognition.

Protects from unfair practices:

 It secures your business from unfair practices such as the use of deceptively similar marks by rivals that could hurt your brand’s image. A trademark gives you legal protection from such unfair practices.

Read More

Directive No.10/CT-TTg on Promoting Prevention and Control of Covid-19

At the moment many countries in the world, the epidemic of severe acute respiratory syndrome coronavirus (Covid-19) continues to have many new complicated and unpredictable developments, especially in Korea, Japan, Italy, Iran and other countries. On February 25, 2020, the Prime Minister signed the Directive no.10/CT-TTg on promoting prevention and control of the Covid-19 epidemic (“Directive no.10/CT-TTg) to continue the effective implementation of Covid-19 anti-epidemic solutions.

Ministries, Departments, People’s Committee of Provinces and cities under central continues to improve against epidemic, do not neglect, subjective, strictly implementation of prevention solutions, anti-epidemic in accordance with Directive no.05/CT-TTg dated January 28, 2020 and Directive no.06 / CT-TTg dated January 31, 2020 of the Prime Minister; continue to strictly control people crossing trails and openings in border provinces; strictly implement solutions on the management, control and prevention of epidemics in aviation activities, tourism and cross-border transportation of goods. The Ministry of Foreign Affairs continued to discuss with the Chinese about the Vietnamese citizens who come from epidemic cities and provinces of China could only enter Vietnam through international border gates.

For the people who enter from epidemic areas of South Korea and from epidemic areas of territories or other countries: The Ministry of Foreign Affairs immediately announced to the South Korea and countries and territories with Covid-19 epidemic of anti-epidemic measures which are applied in Vietnam, in which Vietnam will pause for entry Vietnam for persons who coming from or passing through the epidemic area, the people who entry for official purposes in special cases need to declare the medical situation and isolate for 14 days. The government notices Vietnamese citizens not to go to epidemic areas in other countries, except in case of necessity. If they do go to this area, when they enter Vietnam again, they will be isolated for 14 days. In addition, it is important to notice and pursuade the Vietnamese citizen living and working in South Korea (especially in Daegu and Gyeongsangbuk) to comply with guidance on local measures to prevent the spread of Covid-19, do not go to an infected area and has the ability to be affected by the epidemic recommended by the host country.

In addition, the Ministry of Health performs the isolation in the medical facility for the suspected person and other people as required by the health organizations. The Ministry of Defense prepare material facilities, equipment and places for reception and accommodation to conduct intensive isolation for people who are not in cases of concentrated isolation at health organizations; directing the application of measures to reduce the density of isolation in border provinces to ensure cross-contamination in isolated areas. The Ministry of Public Security shall notify the Ministry of Defense, the Ministry of Health and the People’s Committees of provinces and cities concerned about information on passengers from the epidemic area to enter Vietnam for the implementation of medical isolation. The Ministry of Transport direct the flights from the region of South Korea landing in Van Don Airports (Quang Ninh Province), Phu Cat (Binh Dinh province) and Can Tho (Can Tho city). The Ministry of Culture, Sports and Tourism recommends that people restrict travel to epidemic areas in the unnecessary case; If they still go this place, when they enter Vietnam, they will have to be isolated for 14 days as the regulation.

In addition, the Ministry of Health continues to implement mandatory medical declarations for cases of entry from epidemic countries and territories. People’s committees of provinces and cities under central authority performs medical monitoring and timely medical isolation when there are any symptoms of the disease against the persons coming from the epidemic area into Vietnam within 14 days; perform supervision, medical declaration, health monitoring for citizens from other parts of South Korea.

By the issuance and implementation of Directive no.10/CT-TTg, the Government of Vietnam hopes to quickly prevent and reverse the Covid-19 epidemic to stabilize the socio-economic situation for the country.

The legal direct impact to companies and business will be the delay in visa, work permit, temporary residence cardapplication for foreigners entering Vietnam.  Manufacturing companies and other companies in other sectors impacted by disrupted goods transportation, people traveling restriction will face financial loses, leading to being unable to pay salary, social insurance and other mandatory contributions.  Further, they might unlawfully terminate the labour contracts with employee.  Potential disputes in labour areas would rise in big scale.  The disruption of goods and services would also lead to dispute in performance of contracts, which will need to be closely monitored.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

Read More

Withdrawal of request for investigating of anti-dumping on welding material products originating from China, Thailand and Malaysia

Welding material is one of the most important industrial auxiliary sector, which is indispensable to fields such as: shipbuilding, cars and motorbikes production, other electronic industries. In the first 7 months 2019, Ministry of Industry and Trade carried out examination dossiers of 3 cases, one of them is dossier requesting to investigate to apply anti-dumping measure on welding material.

On Jun 28^th, 2019, Trade Remedies Authority of Vietnam (Investigating Body) received the Dossier requesting for investigating to apply anti-dumping measure on welding material products originating from People’sRepublic of China, Kingdom of Thailand and Malaysia. This dossier is applied by companies representing the domestic industry (Requesting Party

Requesting Party includes 01 company: Kim Tin Group Joint Stock Company. Kim Tin Group Joint Stock Company is a large enterprise in manufacturing and trading of welding materials: welding rods, welding wire, welding flux, color metal, steel nails, ligature, machines, devices, board of MDF, mineral exploitation and logistics service in Vietnam.

On Oct 28^th, 2019, Requesting Party fully submitted additional information at request.

On Nov 07^th, 2019, Investigating Body confirmed that Dossier was complete, valid according to regulations of law on trade remedies.

On Jan 25^th, 2020, Trade Remedies Authority received official dispatch of Requesting Party on withdrawing dossier requesting for investigating to apply anti-dumping measure on welding material products.

Due to Requesting Party’ s request for withdrawing dossier, Trade Remedies Authority informed that no investigation to apply anti-dumping measure on welding material products originating from People’s Republic of China, Kingdom of Thailand and Malaysia is initiated.

Our international trade and tax lawyers, and antitrust lawyers at ANT Lawyers, a law firm in Vietnam have always followed the development of situation and update the clients on relevant matters.

Read More

Hanoi Attracted More Than 141 Million USD of Foreign Investment in The First Month of 2020

Hanoi Department of Planning and Investment has just informed that foreign investment attraction in Hanoi in January 2020 reached over 141 million USD, including 68 newly licensed projects, registered capital of 30.2 million USD.

Lawyers in Ha noi City

The total number of enterprises in Hanoi city now is 281,228 enterprises. The number of operating enterprises was 1,393 (down 12% over the same period).

Also, in January, trade activities were assessed to develop well, ensuring goods circulation to serve consumer demand during the Lunar New Year. Total turnover of goods sold and sales of social consumer services was estimated at 256,000 billion VND, up 2.1% over the previous month and up 11.4% over the same period in 2019.

Export turnover of goods in the province in January 2020 was estimated at 1,041 million USD, down 20.2% over the previous month and down 17.4% over the same period last year. In particular, export turnover of agricultural products decreased by 31.5% compared to the same period last year; textiles and garments decreased by 28.9%; footwear and leather products increased by 14.8%; computers, electronics and components decreased by 24.7%; machinery, equipment and spare parts decreased by 29.5%; phones and components decreased by 33.3%…

The industrial production index in January 2020 is estimated to decrease by 24.9% over the previous month and by 14.2% over the same period in 2019, mainly because January of this year coincides with the Lunar New Year. Most major industries have falling production indexes.

Tourists travelling to Hanoi in January 2020 reached 2.38 million arrivals, down 3.5% compared to the same period last year. In which, international visitors reached 481,800 arrivals, down 9% compared to the same period last year (international tourist arrivals to stay reached 339,676 visitors, down 8.4% over the same period); domestic tourists reached 1.74 million, decreasing by 2% over the same period. Total revenue from tourists is estimated at 8,693 billion VND, up 7.2% over the same period last year.

Particularly for 9 days of Lunar New Year, international tourists staying in Hanoi reached 86,844 visitors, down 13% compared to the same period last year. In particular, Chinese tourists decreased by 47% with 13,975 visitors.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact us to book your time in advance to let us provide our best services.

Read More

How much of a copyrighted material can be used under fair use?

Fair use is a defense to copyright infringement; it essentially makes allowable some instances of copyright infringement, such as educational purposes or parody.

Copyright in Vietnam

What makes fair use difficult is that there is no brightline test or rule to apply in all instances; it varies on a case-by-case basis. There are 4 main factors that courts examine for fair use:

-Purpose and character of your use (educational? commercial (i.e. to make money)? comment or criticism? etc.);

-Nature of the copyrighted work (more creative = more protection: fiction book gets more protection than fact-based article b/c facts aren’t copyrightable);

-Amount and substantiality of the portion used (how much of the work was used? does it go to “heart of the matter?”); and

-Effect on potential market (not just effect on current market. might someone use the infringing work instead of something from the copyright owner?

This article is for informational and educational purposes only. This should not be taken as a substitute for legal advice. This does not create an attorney-client relationship with anyone who reads it.

Source: Quora

Read More

Temporarily Stop Granting Work Permits to Foreigners Originating from Infected Area Because of Covid-19

An outbreak of acute respiratory infections caused by a new strain of Corona virus (nCoV) was first detected in Wuhan City, Hubei Province, China in December 2019. Up to now, the disease has spread to many cities in China and more than 20 countries in the world including Vietnam. Facing new complicated movements of the acute respiratory disease epidemic caused by a new strain of Corona virus (Covid-19), on February 2^nd, 2020, the Vietnam Minister of Labor, War Invalids and Social Affairs issued Official Dispatch No. 01/CD-LDTBXH on strengthening measures to prevent and control Covid-19 epidemics through the tighter control of immigration process, including the grant of visa, work permit, temporary residence card for foreigners originating from infected area.

Immigration Lawyers in Vietnam

Accordingly, the Ministry of Labor, War Invalids and Social Affairs shall propose the Employment Department and the Department of Labor, War Invalids and Social Affairs, the Management Boards of industrial parks, export processing zones and economic zones of localities to temporarily stop granting work permit for foreign workers from epidemic areas during the time when Vietnam declared the disease. This affects the entry into Vietnam of foreign workers who have not yet been granted a work permit under the law. According to Article 10 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam 2014; Point c Clause 4 Article 1 of the Law on Entry, exit, transit and residence of foreigners in Vietnam amended in 2019; Clause 16, Article 1 of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam amended in 2019 foreign workers to be granted LD1, LD2 visas and temporary residence cards of the same type, should be issued with a work permit in Vietnam. In addition, foreign investors in Vietnam are also affected, because the temporarily stoppage of granting of work permits will also affect the application for certification of foreign workers’ eligibility for exemption from work permit for investors, it also affects the foreign investor’s temporary residence card application.

In addition, it is required that enterprises and organizations employing foreign workers to temporarily stop accepting workers from China returning Vietnam after Tet holiday to work and foreign workers moving to endemic areas during the Covid-19 epidemic announcement. In case of having received such, the enterprise must report the list of employees who have just returned to Vietnam from China with the necessary information as required, carry out isolation measures at places of residence and workplaces under the guidance of the health authorities, and at the same time monitor and examine health within 14 days from the date of entry into Vietnam.

Labour lawyers at ANT Lawyers shall closely monitor the changes of labour law to provide client with update.

Read More

Can a company in same industry with similar name exist?

In short, the answer is yes; however, a seasoned trademark attorney would be the best person to ask regarding your particular situation. That being said, the United States Patent and Trademark Office (USPTO) routinely rejects trademark registrations based on the “likelihood of confusion” that consumers would face between a prospective trademark and one that is already on file with the USPTO. According to the USPTO, “likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source. Each application is decided on its own facts, and no strict mechanical test exists for determining likelihood of confusion.” Some things to consider regarding “likelihood of confusion”:

Trademark in Vietnam

Aside from being rejected for having a similar textual composition to an already-existing trademark, a new registration may fail for also sounding alike, looking similar or creating “the same commercial impression in the consuming public’s mind”

The USPTO looks at whether a likelihood of confusion would exist as to the source of the goods and/or services rather than whether the actual goods and/or services are likely to be confused

The USPTO cannot perform pre-application searches or provide advisory opinions regarding registrations (hence the importance of an attorney - see below)

Businesses often seek the assistance of a lawyer to make sure their application gets accepted (which can be a time consuming process) and to avoid any future potential legal liability. For competitive rates on registering your trademark with the help of experienced trademark lawyers.

Read More