Since joining WTO, Vietnam has been coping to comply with the international commitments in general and intellectual property area in particular. In order to ensure fair legal environment and the benefits of intellectual property right holders, the Vietnam laws provide a number of ways in which holders can apply the following methods to protect their intellectual property rights in Vietnam
According to Vietnam law on intellectual property, when detecting the trademark infringement act, the trademark owner has the self-protection right includes (i) apply technological measures to prevent acts of trademark infringement (ii) request organization or individual who commits an act of trademark infringement of the holder to terminate such act, make a public apology or rectification, and compensate damages; (iii) request the competent authority to handle with acts of trademark infringement in accordance with the provisions of laws.
Since intellectual property rights (IPRs) constitute a civil right, civil enforcement plays a critical role in
IPR enforcement. However, our analysis of statistics on IPR infringement and enforcement in reports
from enforcement agencies reveals that the vast majority of IPR infringement cases in Vietnam have
been resolved under administrative route over the past time. While thousands of IP infringement
cases are handled administratively each year, only a few cases are tried by courts. The administrative
mechanism is said to be more expeditious, compact, simple, and economical in handling IPR
infringements than the lengthy trial, complicated, and costly procedures of the civil mechanism. The
above dispute-resolution situation in Vietnam results in a fact that civil relations and civil disputes are
largely resolved under administrative proceedings, resulting in inadequate protection of IPRs and,
more seriously, many violations continuing to reoccur through larger scale and more sophisticated
tricks.
A patent infringement case in Vietnam adjudicated under civil proceedings – s...KENFOX IP & Law Office
Based on the VIPRI’s expert opinion (witness), the plaintiff filed a lawsuit against Nong Phat before a court in Ho Chi Minh City, Vietnam (“the Court”) for hearing. In the lawsuit petition, the plaintiff requested the Ho Chi Minh People’s Court to order the defendant (i) to cease manufacturing, distributing, storing, circulating, offering for sales, advertising the pesticides named “SESPA GOLD”, (ii) to stop importing material, additives for manufacturing “SESPA GOLD” and “HUMMER” products, (iii) to recall the “SESPA GOLD” products, (iv) to withdraw the dossier for registration for circulation of this product at Plant Protection Department, (v) to not register for circulation of any products containing “Fipronil” and “Imidacloprid”, (vi) pay a compensation damage of VND 200 million (~US$8,700) for hiring lawyer to engage in the lawsuit and (vii) make a public apology in local newspapers.
Takedown Notices - How Do ISPs Handle Copyright Infringement Claims in Vietna...KenfoxLaw
The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights.
THE JUSTICE PROCESS IN RERA SECTION 31, 43(5), 58 AND ARTICLE 32,136 226 OF T...CA. (Dr.) Rajkumar Adukia
since every legislation aims at Justice making available the access and means of justice, the article unfolds the remedies available to the key players under rera being the allottees, real estate agent and real estate developers
8 Important Tips In Mind From A Recent Cybersquatting Case in Vietnam.pdfKENFOX IP & Law Office
OSRAM GmbH (“the plaintiff”) is a worldwide lighting manufacturer with headquarters in Munich, Germany. The plaintiff is the proprietor of a Vietnam-protected series of OSRAM trademarks for lighting apparatus, particularly electric lamps and luminaires; parts of the aforementioned items; light-emitting diode lamp modules.
The plaintiff discovered that the disputed domain names <osram.com.vn> and osram.vn> (“Disputed Domain Names”) were registered in 2014 by a natural person in Vietnam, N.D.T. ("the defendant") and resolved to the defendant's active websites. The websites under the Disputed Domain Names promoted and offered for sale the plaintiff's "OSRAM"-branded products.
The plaintiff detected that two ccTLD <osram.com.vn> and <osram.vn> (“Disputed Domain Names”) were registered in 2014 by a natural person in Vietnam, N.D.T (“the defendant”) and were resolved to the defendant’s active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff’s products bearing the “OSRAM” mark.
In support of infringement allegation, the plaintiff filed a request to the Vietnam Intellectual Property Research Institute (“VIPRI”) for obtaining the assessment conclusion on trademark infringement who was then issued in favour of the plaintiff. The plaintiff also proceeded with documenting the evidence of infringement under a Bailiff office.
Co-owned Patent Disputes in Vietnam What to Do .pdfKenfoxLaw
A co-owned patent arises when two or more parties jointly create an invention and seek patent protection for it. How if an invention is created by two parties, but just one party is named as inventor and owner while the other is only named as “inventor”? Can it cause any legal consequences? What can the other inventor do in such a case if the inventor who filed the patent application does not reach an amicable agreement on a co-owned patent? In recent news, the Intellectual Property Offices of Vietnam (IP VIETNAM) have been dealing with a case regarding “the right to file a patent application” in case of co-owned patent, highlighting the importance of understanding the legal requirements for patent filing and ownership. This article will focus on the specifics of this case and examine its implications for intellectual property rights in Vietnam.
According to Vietnam law on intellectual property, when detecting the trademark infringement act, the trademark owner has the self-protection right includes (i) apply technological measures to prevent acts of trademark infringement (ii) request organization or individual who commits an act of trademark infringement of the holder to terminate such act, make a public apology or rectification, and compensate damages; (iii) request the competent authority to handle with acts of trademark infringement in accordance with the provisions of laws.
Since intellectual property rights (IPRs) constitute a civil right, civil enforcement plays a critical role in
IPR enforcement. However, our analysis of statistics on IPR infringement and enforcement in reports
from enforcement agencies reveals that the vast majority of IPR infringement cases in Vietnam have
been resolved under administrative route over the past time. While thousands of IP infringement
cases are handled administratively each year, only a few cases are tried by courts. The administrative
mechanism is said to be more expeditious, compact, simple, and economical in handling IPR
infringements than the lengthy trial, complicated, and costly procedures of the civil mechanism. The
above dispute-resolution situation in Vietnam results in a fact that civil relations and civil disputes are
largely resolved under administrative proceedings, resulting in inadequate protection of IPRs and,
more seriously, many violations continuing to reoccur through larger scale and more sophisticated
tricks.
A patent infringement case in Vietnam adjudicated under civil proceedings – s...KENFOX IP & Law Office
Based on the VIPRI’s expert opinion (witness), the plaintiff filed a lawsuit against Nong Phat before a court in Ho Chi Minh City, Vietnam (“the Court”) for hearing. In the lawsuit petition, the plaintiff requested the Ho Chi Minh People’s Court to order the defendant (i) to cease manufacturing, distributing, storing, circulating, offering for sales, advertising the pesticides named “SESPA GOLD”, (ii) to stop importing material, additives for manufacturing “SESPA GOLD” and “HUMMER” products, (iii) to recall the “SESPA GOLD” products, (iv) to withdraw the dossier for registration for circulation of this product at Plant Protection Department, (v) to not register for circulation of any products containing “Fipronil” and “Imidacloprid”, (vi) pay a compensation damage of VND 200 million (~US$8,700) for hiring lawyer to engage in the lawsuit and (vii) make a public apology in local newspapers.
Takedown Notices - How Do ISPs Handle Copyright Infringement Claims in Vietna...KenfoxLaw
The landscape of intellectual property rights in Vietnam underwent a significant transformation with the third revision of the Intellectual Property Law in 2022. Among the notable provisions, Article 198b introduced a groundbreaking regulation holding Intermediary Service Providers (ISPs) legally responsible for copyright and related rights infringements by their platform users. Subsequently, on April 26, 2023, the Vietnamese government issued Decree No. 17/2023/NĐ-CP, providing detailed measures to implement the Intellectual Property Law regarding copyright and related rights.
THE JUSTICE PROCESS IN RERA SECTION 31, 43(5), 58 AND ARTICLE 32,136 226 OF T...CA. (Dr.) Rajkumar Adukia
since every legislation aims at Justice making available the access and means of justice, the article unfolds the remedies available to the key players under rera being the allottees, real estate agent and real estate developers
8 Important Tips In Mind From A Recent Cybersquatting Case in Vietnam.pdfKENFOX IP & Law Office
OSRAM GmbH (“the plaintiff”) is a worldwide lighting manufacturer with headquarters in Munich, Germany. The plaintiff is the proprietor of a Vietnam-protected series of OSRAM trademarks for lighting apparatus, particularly electric lamps and luminaires; parts of the aforementioned items; light-emitting diode lamp modules.
The plaintiff discovered that the disputed domain names <osram.com.vn> and osram.vn> (“Disputed Domain Names”) were registered in 2014 by a natural person in Vietnam, N.D.T. ("the defendant") and resolved to the defendant's active websites. The websites under the Disputed Domain Names promoted and offered for sale the plaintiff's "OSRAM"-branded products.
The plaintiff detected that two ccTLD <osram.com.vn> and <osram.vn> (“Disputed Domain Names”) were registered in 2014 by a natural person in Vietnam, N.D.T (“the defendant”) and were resolved to the defendant’s active websites. The websites under the Disputed Domain Names were promoting and offering for sale of the plaintiff’s products bearing the “OSRAM” mark.
In support of infringement allegation, the plaintiff filed a request to the Vietnam Intellectual Property Research Institute (“VIPRI”) for obtaining the assessment conclusion on trademark infringement who was then issued in favour of the plaintiff. The plaintiff also proceeded with documenting the evidence of infringement under a Bailiff office.
Co-owned Patent Disputes in Vietnam What to Do .pdfKenfoxLaw
A co-owned patent arises when two or more parties jointly create an invention and seek patent protection for it. How if an invention is created by two parties, but just one party is named as inventor and owner while the other is only named as “inventor”? Can it cause any legal consequences? What can the other inventor do in such a case if the inventor who filed the patent application does not reach an amicable agreement on a co-owned patent? In recent news, the Intellectual Property Offices of Vietnam (IP VIETNAM) have been dealing with a case regarding “the right to file a patent application” in case of co-owned patent, highlighting the importance of understanding the legal requirements for patent filing and ownership. This article will focus on the specifics of this case and examine its implications for intellectual property rights in Vietnam.
Cease and Desist Letter in IPR Dispute and Infringement handling in Vietnam.pdfKENFOX IP & Law Office
Cease & Desist Letter (C&D Letter) on infringement of intellectual property rights (IPR) is considered a “soft” measure that is flexibly used by various rights holders to cope with alleged IPR infringements. In some cases, sending a C&D Letter instead of requesting intervention from the Vietnamese enforcement authorities seems to be effective as the infringement is immediately terminated. But all this may still be just the top of the iceberg. Sending a C&D Letter to the alleged infringer can sometimes put the right holder into unforeseen difficulties. From the perspective of the party that is alleged to be infringing on IP rights, failure to understand the provisions and protection mechanisms of IP Law may lead to the acceptance of requests from the IP rights holders set out in the C&D Letter and deprive them of legitimate rights and interests that they should not have given up.
IPR Enforcement Proceedings In Cambodia
Civil proceedings against IPR infringement in Cambodia
Criminal measures against IPR infringement in Cambodia
Border measures against IPR infringement in Cambodia
Mediation / DIP administrative proceedings
Coping with online copyright and trademark infringement in Cambodia
How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cance...KENFOX IP & Law Office
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
IP Bulletin- what strategies to reclaim unregistered trademark rights in vietnamKENFOX IP & Law Office
Vietnam follows “first to file” principle in establishing industrial property rights, whereby industrial property rights are granted to the first filer. This principle, on one hand, encourages IPR holders to register their intangible assets at the soonest time, but on the other hand, together with a “very open” and “very free” regime on "the right to register a mark" without imposing certain conditions like many countries in the world triggers rampant "trademark squatting" in Vietnam.
If you believe that a trademark application in Vietnam is likely to conflict with or adversely affect your prior rights, or that it does not meet the criteria for protection, you may submit your opinions on the grant of an exclusive right to such a trademark application to the Intellectual Property Office of Vietnam (IP VIETNAM) after it has been published in the industrial property gazette of Vietnam. The Vietnam IP Law 2022 gives third parties two options for voicing their opinions on pending trademark applications in Vietnam: (i) third party observation and/or (ii) opposition.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Vietnam's 2022 amended IP Law - What do new trademark provisions mean for you...KENFOX IP & Law Office
Intellectual property is regarded as a company's most important and valuable asset. In particular, it cannot be denied that a trademark is the industrial property object with the highest commercial exploitation value. Numerous amendments and additions have been made to Vietnam's 2022 Intellectual Property Law in order to improve the effectiveness of the intellectual property protection mechanism and fulfill Vietnam's legal obligations under International intellectual property agreements to which Vietnam is a signatory, including CPTPP, EVFTA, and RCEP... These amendments and supplements are akin to a complete overhaul of Vietnam's intellectual property law, helping to address legal loopholes that have persisted for many years since the 2005 IP law was promulgated and amended in 2009 and 2019. The following article gives an analysis and evaluation of the revised trademark regulations in the 2022 IP Law, assisting you in comprehending the applicable legislation to determine the appropriate actions, and the impact on your brand protection strategy in Vietnam.
Copyright – a powerful and effective weapon to repress trademark and industri...KENFOX IP & Law Office
IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon as possible, especially when the ECCR has carried out the assessment of copyright and related rights infringement upon the requirements of IPR holders and Vietnamese authorities
Drafting Legal Notice and what are its essentials.pptxKumkumMishra15
It's all about legal drafting and how to draft a legal notice. What is legal notice and what are its essentials. Legal
Crpc, cpc, ipc , Indian penal code writs , petition, write certificate of insurance scheme service centre near future. Without distorting any facts about India and Pakistan and Bangladesh officials are involved in the end.
In the context of international economic integration and the strong development of foreign businesses in Vietnam, many traders have chosen to open representative offices in Vietnam to promote trade promotion activities. From a compliance perspective, reporting on human resource management and the operations of representative offices in Vietnam has become increasingly important because violations can result in penalties. Reports of the representative office in Vietnam of foreign traders are not only management tools but also sources of information that help shape Vietnam’s development strategy.
Visit us: https://antlawyers.vn/update/9-reports-of-the-representative-office-in-vietnam.html
Why foreign investors invest and establish a company in Vietnam?
Vietnam offers a compelling environment for foreign investors seeking to establish company in Vietnam. There are several reasons why investors should consider Vietnam as their business destination.
Visit us: https://antlawyers.vn/library/what-important-step-by-step-guide-to-establish-company-in-vietnam.html
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Cease and Desist Letter in IPR Dispute and Infringement handling in Vietnam.pdfKENFOX IP & Law Office
Cease & Desist Letter (C&D Letter) on infringement of intellectual property rights (IPR) is considered a “soft” measure that is flexibly used by various rights holders to cope with alleged IPR infringements. In some cases, sending a C&D Letter instead of requesting intervention from the Vietnamese enforcement authorities seems to be effective as the infringement is immediately terminated. But all this may still be just the top of the iceberg. Sending a C&D Letter to the alleged infringer can sometimes put the right holder into unforeseen difficulties. From the perspective of the party that is alleged to be infringing on IP rights, failure to understand the provisions and protection mechanisms of IP Law may lead to the acceptance of requests from the IP rights holders set out in the C&D Letter and deprive them of legitimate rights and interests that they should not have given up.
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How to Successfully Argue Wide Use Evidence in Trademark Opposition and Cance...KENFOX IP & Law Office
Trademark opposition and cancellation serve as crucial legal remedies for legitimate trademark owners to safeguard their intellectual property rights. In Vietnam, genuine trademark owners are entitled to employ their prior evidence of wide use to file a Notice of Opposition or a cancellation action against a trademark squatter. As such, it is critical to understand how National Office of Intellectual Property of Vietnam (IP VIETNAM) evaluates the evidence of prior use and the extent to which a mark must be used to succeed in an opposition or cancellation based on unregistered rights.
IP Bulletin- what strategies to reclaim unregistered trademark rights in vietnamKENFOX IP & Law Office
Vietnam follows “first to file” principle in establishing industrial property rights, whereby industrial property rights are granted to the first filer. This principle, on one hand, encourages IPR holders to register their intangible assets at the soonest time, but on the other hand, together with a “very open” and “very free” regime on "the right to register a mark" without imposing certain conditions like many countries in the world triggers rampant "trademark squatting" in Vietnam.
If you believe that a trademark application in Vietnam is likely to conflict with or adversely affect your prior rights, or that it does not meet the criteria for protection, you may submit your opinions on the grant of an exclusive right to such a trademark application to the Intellectual Property Office of Vietnam (IP VIETNAM) after it has been published in the industrial property gazette of Vietnam. The Vietnam IP Law 2022 gives third parties two options for voicing their opinions on pending trademark applications in Vietnam: (i) third party observation and/or (ii) opposition.
Recorded on Monday, March 19, 2012 - This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc., looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing goods or services online. It covers plans of action to counter scamming activity involving reports to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior Court including the pros and cons of taking such a step against "hard to trace" perpetrators. Those interested in expanding their knowledge of this topic area may find the Identity Theft webinar useful.
To watch an archived version of this webinar visit:
http://yourlegalrights.on.ca/webinar/watch-your-step-internet
Patent, Trademark, Industrial Design in Vietnam, Cambodia, Laos, Myanmar Nguyen Hoa Binh (Bill)
Patent, Trademark, Industrial Design Vietnam, Cambodia, Laos, Myanmar
by Nguyen Hoa Binh
Partner, Patent Attorney
DAITIN & ASSOCIATES CO., LTD.
(IP Agent in Vietnam, Laos, Cambodia and Myanmar)
Ho Chi Minh City & Hanoi
No. 19 Hoang Dieu Str., District 4, Ho Chi Minh City, Vietnam
Postcode: 700000; Tel: +84-4-6270 0022; Fax: +84-4-6270 0020
Email: binh@daitin.com.vn; info@daitin.com.vn
Website: www.daitin.com.vn
A member of: INTA & APAA
Vietnam's 2022 amended IP Law - What do new trademark provisions mean for you...KENFOX IP & Law Office
Intellectual property is regarded as a company's most important and valuable asset. In particular, it cannot be denied that a trademark is the industrial property object with the highest commercial exploitation value. Numerous amendments and additions have been made to Vietnam's 2022 Intellectual Property Law in order to improve the effectiveness of the intellectual property protection mechanism and fulfill Vietnam's legal obligations under International intellectual property agreements to which Vietnam is a signatory, including CPTPP, EVFTA, and RCEP... These amendments and supplements are akin to a complete overhaul of Vietnam's intellectual property law, helping to address legal loopholes that have persisted for many years since the 2005 IP law was promulgated and amended in 2009 and 2019. The following article gives an analysis and evaluation of the revised trademark regulations in the 2022 IP Law, assisting you in comprehending the applicable legislation to determine the appropriate actions, and the impact on your brand protection strategy in Vietnam.
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IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon as possible, especially when the ECCR has carried out the assessment of copyright and related rights infringement upon the requirements of IPR holders and Vietnamese authorities
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Similar to Application of administrative measures to protect intellectual property rights in vietnam (20)
In the context of international economic integration and the strong development of foreign businesses in Vietnam, many traders have chosen to open representative offices in Vietnam to promote trade promotion activities. From a compliance perspective, reporting on human resource management and the operations of representative offices in Vietnam has become increasingly important because violations can result in penalties. Reports of the representative office in Vietnam of foreign traders are not only management tools but also sources of information that help shape Vietnam’s development strategy.
Visit us: https://antlawyers.vn/update/9-reports-of-the-representative-office-in-vietnam.html
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Visit us: https://antlawyers.vn/library/what-important-step-by-step-guide-to-establish-company-in-vietnam.html
Foreign investors that invest in Vietnam for the first time must have investment projects and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted investment registration certificates.
Investment certificates shall concurrently be business registration certificates. Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate.
Give more info: https://antlawyers.vn/library/vietnam-company-formation-how-to-proceed.html
An individual with foreign nationality or an organization established under foreign law could register investment and conduct business activities in Vietnam.
Visit us: https://antlawyers.vn/update/quick-tips-for-foreigners-to-set-up-company-in-vietnam-and-comply.html
One of the important steps in filing PCT patent application in Vietnam is to make sure the translation into Vietnamese language match up with the original language. Patent attorneys at ANT Lawyers – a law firm in Vietnam will assist along the process including the translation of the patent and work with the national office of intellectual property in Vietnam to follow the instructions to complete the registration process in Vietnam.
Joint-stock company is a type of enterprise recognized by Vietnam law, besides other types being limited liability company, partnership and private enterprise. A joint-stock company has legal status from the date of issuance of the Certificate of Business Registration by Vietnam authority. It is important to consult with corporate lawyers in Vietnam to learn the advantage of different forms of companies to be set up in Vietnam for the efficient management and purpose of the owner.
Joint-stock company is a type of enterprise recognized by Vietnam law, besides other types being limited liability company, partnership and private enterprise. A joint-stock company has legal status from the date of issuance of the Certificate of Business Registration by Vietnam authority. It is important to consult with corporate lawyers in Vietnam to learn the advantage of different forms of companies to be set up in Vietnam for the efficient management and purpose of the owner.
Bank guarantee or guarantee commitment is a document issued by the guarantor or counter-guarantee or the guarantee-confirming party in the form of a Letter of Guarantee or a Guarantee Contract
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When information in cyberspace is identified by competent agencies to have contents that infringe upon national security, disseminate information that sabotages the Socialist Republic of Vietnam, incite riots, and disrupt public security and order according to regulations of the law;
After the Covid-19 pandemic with unremitting efforts, Vietnam has affirmed its capacity in all aspects with other countries, especially the capability to fight against Covid and quick return focus to business. Therefore, Vietnam is becoming an attractive investment destination for global investors including American companies. With the stable political situation, young and abundant human resources and commitment to investment facilitation from the Vietnam Government, it has become a great motivation for American investors to choose Vietnam as a safe and effective investment destination to expand business and set up company in Vietnam.
The National Assembly, therefore, promulgated the Law amending and supplementing several sections of the IP Law (referred to as the Law on Amendments and Supplements) on June 16, 2022, which will officially take effect on January 01, 2023. The new law modifies more than 100 articles of the IP Law and focuses on 7 major policy groups.
Disabled people are those who have one or more body parts or functional impairments which are manifested in the form of disability, which makes it difficult for labor, living and learning. The State sponsors the right to labor and creates jobs for disabled workers, has policies to encourage and give incentives to employers to create jobs and to accept workers with disabilities to work in Vietnam.
Only when their trademarks would be infringed by other companies or competitors, they really concern to protect their trademarks and business through trademark registration, trademark opposition or take further actions.
Intellectual property rights in Vietnam are the rights of organizations or individuals to trademarks, inventions, designs or other forms of creation. Currently, intellectual property rights are recognized as an asset class, which can constitute corporate assets. Popular Objects of intellectual property today include:
With economic opening policies, especially after the Covid-19 pandemic, Vietnam is an attractive destination for foreign investors. Accordingly, the number of foreign investors in Vietnam is constantly increasing. In order to create favorable conditions for individual investors with direct capital investment or representatives of foreign organizations investing in Vietnam to live, work, Vietnam has policies, suitable for each type of investor in being granted temporary residence cards in Vietnam.
Subject matters of intellectual property rights in Vietnam is divided into three groups included: subject matter of copyright, subject matter of industrial property rights, subject matter of rights to plant varieties.
ANT Lawyers assist clients to operate with compliance or look for opportunities to enter the market. In Telecommunications, Media & Technology (TMT) practice, our lawyers assist clients in commercial matters, corporate M&A and other transactions, regulatory issues, system integration, software development and licensing, IT services including outsourcing, software & technology agreements, data protection, intellectual property, disputes resolutions.
WIPO administers the PCT. It also organizes the PCT Assembly, the PCT Working Group and the Meeting of International Authorities. Further, for each PCT application filed, WIPO is responsible for:
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All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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Application of administrative measures to protect intellectual property rights in vietnam
1. Application of Administrative Measures to Protect Intellectual
Property Rights in Vietnam
Since joining WTO, Vietnam has been coping to comply with the international
commitments in general and intellectual property area in particular. In order to ensure fair
legal environment and the benefits of intellectual property right holders, the Vietnam
laws provide a number of ways in which holders can apply the following methods
to protect their intellectual property rights in Vietnam:
Filing Lawsuit to protect intellectual property rights in Vietnam
Negotiation: requesting organizations, individuals committing infringement acts of
intellectual property rights to terminate the infringing acts, apologize, publicly rectify and
compensate damages;
Using administrative remedies: requesting the competent agencies to handle
infringement acts of intellectual property rights;
2. Filing claim at court or arbitration center: initiating a lawsuit at a competent court or
an arbitrator to protect their legitimate rights and interests;
Negotiation is often used in the first step to request the violator to stop the infringement
of intellectual property rights. However, this measure is not potentially effective because
it dependents on goodwill and cooperation of the violator as well as the legal basis,
evidences that you can provide to demonstrate and warn of violating acts.
Relating to the dispute settlements, due to high costs, complicated procedures and
extended time, this measure is not commonly selected as the best treatment.
In Vietnam, intellectual property infringement is mainly dealt with through
administrative measures. Depending on their functions and responsibility, competent
state management agencies deal with infringements of intellectual property rights as per
request of the IP holders Currently, through the following agencies:
Inspectorate of the Ministry of Science and Technology;
Economic Police of the Ministry of Public Security and;
Market management of the Ministry of Industry and Trade.
In case of dealing with infringements of intellectual property rights in Vietnam, the
holders should carry out the following steps:
1.Submission of a written request to terminate an infringement of intellectual
property rights:
This step is optional to save costs for the infringed party as well as deal with the
infringement on the basis of goodwill and cooperation. The infringed party should send
documents, including a persuasive Cease and Desist letter and evidences, to the violator
for the purpose of requesting them to terminate the violation and commit not to repeat the
infringement in the future. In fact, many intellectual property right holders have reached
their goals at this step providing that they can collect enough proof.
2.Requesting the competent state agencies to handle acts of infringement of
intellectual property rights:
In this step, the infringed party must prove both its ownership to the intellectual property
and information, evidence of the infringement by the infringing party.
The application of administrative remedies is effective handled, so it should be preferable
to filling a lawsuit. After requesting the administrative agency to penalize the infringing
party, the right holder still remain their right to initiate a lawsuit in court to claim of
3. damages. Actually, the combination of administrative measures and lawsuits at court
would be more effective for intellectual property right holders.
ANT Lawyers - a Law firm in Vietnam with a team of experienced lawyers, IP
consultants and IP agent in Vietnam in the field of Intellectual Property will help
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the most effective way.