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.
Minimum filing requirements in Vietnam: applicant's full name, address and nationality; inventor's full name, address and nationality; specification, including title of the invention, descriptions, set of claims, abstract and drawings (if any); international classification number; priority application data (if any); international application date (if any).
Restoration of priority rights for patent applications in Vietnam – What you ...KENFOX IP & Law Office
A Chinese patent with 12 months priority deadline passed, but the patent applicant still wants to patent his invention in Vietnam. Is it possible to request for a restoration of priority right in the international patent application and then enter into Vietnam under PCT route?
Patent in Vietnam - Late national phase entry or revive the PCT application.pdfKENFOX IP & Law Office
Under Vietnam patent regulations, the Vietnamese translation of the patent specification is one of the minimum documents which is required at the time of filing the patent application. In other words, it is statutorily impossible to submit the patent application first and then submit the Vietnamese translation of the patent specification later. In case of absence of any of the minimum documents, the Intellectual Property Office of Vietnam (“IP VIETNAM”) may refuse to accept the patent application.
In practice, the late submission of the Vietnamese translation may be accepted, subject to the approval by the competent leader of IP VIETNAM, especially on the ground that the late submission results from a Force Majeure event. In such cases, applicants may submit an official letter to IP VIETNAM for late submission of the Vietnamese translation of the patent specification, together with proof of the Force Majeure occurrence.
Critical Changes To Vietnam's Patents, Trademarks, And Industrial Designs Und...KENFOX IP & Law Office
A new circular from the Ministry of Science and Technology, Circular No. 16/2016/TT-BKHCN ("Circular 16"), which became effective on January 15, 2018, modifies and supplements several articles of Circular No. 01/2007/TT-BKHCN, detailing and guiding the implementation of the Law on Intellectual Property regarding industrial property. The following is a summary of significant modifications to Vietnam's patent, industrial design, and trademark procedures made pursuant to Circular 16 in order to provide you with a better insight thereof.
Minimum filing requirements in Vietnam: applicant's full name, address and nationality; inventor's full name, address and nationality; specification, including title of the invention, descriptions, set of claims, abstract and drawings (if any); international classification number; priority application data (if any); international application date (if any).
Restoration of priority rights for patent applications in Vietnam – What you ...KENFOX IP & Law Office
A Chinese patent with 12 months priority deadline passed, but the patent applicant still wants to patent his invention in Vietnam. Is it possible to request for a restoration of priority right in the international patent application and then enter into Vietnam under PCT route?
Patent in Vietnam - Late national phase entry or revive the PCT application.pdfKENFOX IP & Law Office
Under Vietnam patent regulations, the Vietnamese translation of the patent specification is one of the minimum documents which is required at the time of filing the patent application. In other words, it is statutorily impossible to submit the patent application first and then submit the Vietnamese translation of the patent specification later. In case of absence of any of the minimum documents, the Intellectual Property Office of Vietnam (“IP VIETNAM”) may refuse to accept the patent application.
In practice, the late submission of the Vietnamese translation may be accepted, subject to the approval by the competent leader of IP VIETNAM, especially on the ground that the late submission results from a Force Majeure event. In such cases, applicants may submit an official letter to IP VIETNAM for late submission of the Vietnamese translation of the patent specification, together with proof of the Force Majeure occurrence.
Critical Changes To Vietnam's Patents, Trademarks, And Industrial Designs Und...KENFOX IP & Law Office
A new circular from the Ministry of Science and Technology, Circular No. 16/2016/TT-BKHCN ("Circular 16"), which became effective on January 15, 2018, modifies and supplements several articles of Circular No. 01/2007/TT-BKHCN, detailing and guiding the implementation of the Law on Intellectual Property regarding industrial property. The following is a summary of significant modifications to Vietnam's patent, industrial design, and trademark procedures made pursuant to Circular 16 in order to provide you with a better insight thereof.
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
Training Session: 1 Indian Patent Process: Study of FormsBananaIP Counsels
Training Session: 1 Indian Patent Process: Study of Forms
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
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.
Laos has been a Contracting Party to the Paris Convention for the Protection of Industrial Property (Paris Convention) since October 8, 1998. It has also been a Contracting Party to the Patent Cooperation Treaty (PCT) since June 14, 2006.
Under the Paris Convention to which Laos is a member, patent applicants are entitled to a right of priority if the same filing has been made within 12 months in any other other nation that is also a member of the Paris Convention. This is extremely advantageous for patent owners since, after filing the initial application in their home country, they have a year to pick which other countries they wish to register in prior to initiating international filings.
Under the PCT to which Laos is a member, foreign businesses may obtain patents in Laos quite easily as formal examinations, searches and publications are conducted at the WIPO’s International Bureau. This mechanism allows for a longer period of ‘wait and see’ before the applicant decides which nations require a patent. Using the PCT approach, you have up to 31 months from the date of priority (see Article 6.4 of Decision No. 1714/MOST) to determine whether to file a patent application in Laos or other countries.
Until you register a patent or trademark in China, you do not own that right, meaning that applying for a patent and trademark before entering the China market is of utmost importance. This guide walks you through an overview of patents and trademarks, how to apply for them and how to your rights in case of an infringement.
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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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
Training Session: 1 Indian Patent Process: Study of FormsBananaIP Counsels
Training Session: 1 Indian Patent Process: Study of Forms
Contact Us for Intellectual Property Services
BananaIP Counsels
Regd Office
No.40,3rd Main Road,JC Industrial Estate,
Kanakapura Road,Bangalore – 560 062.
Email: contact@bananaip.com
Telephone: +91-80-26860414 /24/34
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.
Laos has been a Contracting Party to the Paris Convention for the Protection of Industrial Property (Paris Convention) since October 8, 1998. It has also been a Contracting Party to the Patent Cooperation Treaty (PCT) since June 14, 2006.
Under the Paris Convention to which Laos is a member, patent applicants are entitled to a right of priority if the same filing has been made within 12 months in any other other nation that is also a member of the Paris Convention. This is extremely advantageous for patent owners since, after filing the initial application in their home country, they have a year to pick which other countries they wish to register in prior to initiating international filings.
Under the PCT to which Laos is a member, foreign businesses may obtain patents in Laos quite easily as formal examinations, searches and publications are conducted at the WIPO’s International Bureau. This mechanism allows for a longer period of ‘wait and see’ before the applicant decides which nations require a patent. Using the PCT approach, you have up to 31 months from the date of priority (see Article 6.4 of Decision No. 1714/MOST) to determine whether to file a patent application in Laos or other countries.
Until you register a patent or trademark in China, you do not own that right, meaning that applying for a patent and trademark before entering the China market is of utmost importance. This guide walks you through an overview of patents and trademarks, how to apply for them and how to your rights in case of an infringement.
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
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
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
Where in Vietnam is cheapest city to live and work?
According to statistics of 2021, taking Hanoi as the base indicator, the top 10 localities with the most expensive cost of living include: Hanoi (100%), Quang Ninh (99.5%), Ho Chi Minh City (98.98%), Da Nang (96.4%), Hai Phong (95.58%), Lao Cai (94.75%), Son La (94.58%), Lang Son (94.55%) %), Khanh Hoa (94.55%) and Dien Bien (94.41%).
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:
The PCT is an international treaty with more than 150 Contracting States. The PCT makes it possible to seek patent protection for an invention simultaneously in a large number of countries by filing a single “international” patent application instead of filing several separate national or regional patent applications. The granting of patents remains under the control of the national or regional patent Offices in what is called the “national phase”.
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Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
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Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
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What Attention for Filing PCT Patent Application in Vietnam in 2023.pdf
1. What Attention for Filing PCT Patent Application in
Vietnam in 2023?
There are individuals and companies that believe that by filing a trademark, patent or
industrial design application in the host country, they will automatically receive
worldwide protection. However, in fact, intellectual property rights are territorial
related and Intellectual Property (IP) government offices only grant protection titles
according to the laws of the relevant countries (or region). Therefore, the Patent
Cooperation Treaty (PCT) was born and signed by the member countries on June 19,
1970 in Washington, the PCT entered into force on June 1, 1978. Vietnam joined the
PCT on March 10, 1993.
File PCT Patent Application in Vietnam
According to the definition of Vietnam law, an invention is a technical solution in the
form of a product or process that aims to solve a defined problem by applying natural
laws. In order to be able to obtain patent protection in different countries, an applicant
can apply for protection through the PCT, either directly or within 12 months from the
date of filing the first patent application filed in a country party to the Paris Convention,
designating all countries wishing to register on the same application form, in the same
language, and pay a fee.
The applicant needs to prepare a set of application including the following documents:
-02 Patent registration declarations according to Form 01-SC, specified in Appendix A
of Circular 16/2016/TT-BKHCN.
2. -01 Vietnamese translation of the description and summary in the international
application (published copy or original submitted, if the application has not been
published, and the revised version and explanation of the amendment, if the
international application is amended under Article 19 and/or Article 34.2(b) of the
Treaty).
-01 Vietnamese translation of the appendices to the international preliminary
assessment report (when substantive examination is requested).
-01 original copy of payment receipt (in case of payment of fees and charges via postal
service or directly into the account of the National Office of Intellectual Property).
-01 Power of Attorney (in case the application is submitted through a representative).
After fully preparing the application, the applicant submits the application at the
National Office of Intellectual Property under the Ministry of Science and Technology.
The time limit for formal examination is 1 month from the date of application
submission. Applications will be published in the 19th month from the priority date or
the filing date, if the application does not have a priority date, or within 2 months from
the date of acceptance of the valid application, whichever is later. The time limit for
substantive examination is not more than 18 months from the date of application
publication if the request for substantive examination is filed before the date of
application publication or from the date of receipt of the request for substantive
examination if such request is filed after date of publication of application.
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.
Source ANT Lawyers: https://antlawyers.vn/library/what-attention-for-filing-pct-
patent-application-in-vietnam.html