Thứ Năm, 16 tháng 8, 2018

What are Rights and Obligations of the Obligee?

BY Pham Thuy Linh IN , , , , No comments


The rights and obligations of the obligee are as following:
Rights of the obligee:
a) Request the guarantor, the guarantee-confirmation issuing party to fulfill guarantee obligations;
b) Request the guarantor, the guarantee-confirmation issuing party to fulfill obligations and liabilities agreed upon in the guarantee commitment;
c) File a lawsuit in accordance with laws if the guarantor or the guarantee-confirmation issuing party is in breach of their agreed-upon obligations;
d) Check the authenticity of the guarantee commitment;
dd) Transfer their rights and obligations to other entities under the agreement between involved parties in conformity with legal regulations;
e) Exempt the guarantor, the guarantee-confirmation issuing party from liability to fulfill guarantee obligations;
g) Exercise other rights under the agreement between parties in conformity with legal regulations.
Obligations of the obligee
a) Fulfill agreed-upon guarantee obligations and ensure conformity with terms and conditions set in the guarantee commitment;
b) Notify the guarantor, the guarantee-confirmation issuing party and other related parties of any sign or act of violation committed by the obligor;
c) Fulfill other obligations under the agreement between parties in conformity with legal regulations.






Thứ Tư, 15 tháng 8, 2018

Is it necessary to register the trademark of my open source project?

BY Pham Thuy Linh IN , , , , No comments


Generally, a trademark is necessary for all companies and businesses. However, the registration of a trademark obviously is not a primary objective when a company starts operating. It is advisable to do so as soon as the company/project starts bringing sufficient profit. If you wish to save your right to a brand name it would be a rational decision.



Why trademark?

-You wish to be able to take legal action against anyone who uses your brand without your permission, including counterfeiters.

-You want to put the R symbol next to your brand to show that it’s yours and warn others against using it.

-You want to have the possibility to sell and license your brand.

-You aim to increase your sales. Branded products sell, and they sell for more.

Our company can help you to register your trademark. AntLawyers is designed to simplify international trademark registration for business owners and to provide them with the cost-effective way to protect their trademarks internationally.



Thứ Ba, 14 tháng 8, 2018

If you steal someone else business idea and start your own company, what is the worst thing that can happen?

BY Pham Thuy Linh IN , , , , , No comments


Well, to answer your questions, I’m going to say hypothetically that “you” stole something that was legally protected in some way (be it via patenttrademarkcopyright, signing an NDA, or the likes).

Can they successfully stop you from operating your business? Yes, they have options that could put “you” out of business. If you’ve violated their legally protected rights to certain items (their trademarked name, their copy-protected material, their patented goods, or business processes from a former employer after you signed an NDA and it is still within the legal timeframe), they can exercise their options (cease and desist letters, lawsuit for an injunction to stop you plus damages) under the law.


Can they sue you? Yes, they can, but whether or not they will sue you is a different story. Keep in mind two things: they must first elect to exercise their rights and they’re probably going to wait until it is profitable to sue “you.”

What are the consequences? That depends on what, if anything, that they can prove in court that you did to violate their intellectual property rights.

In all honesty, if you or someone you know have found yourself with a legal threat of a lawsuit because of intellectual property, you should consult with a lawyer experienced in the area. The laws related to intellectual property can be complex and it isn’t something that you should do on your own (and you could get advice on whether what happened was actually a legal issue).

Antlawyers.vn is a legal marketplace that could help. We make it easy for inventors and entrepreneurs to hire and work with business-minded lawyers at low flat rates. We offer free initial consultations as well as quick and easy price quotes. Hope this helps!



Thứ Hai, 13 tháng 8, 2018

What are Responsibility for Wrongful Request of Arrest of Ship?

BY Pham Thuy Linh No comments


According to Article 131 of Vietnam Maritime Law, the wrongful request of arrest of ship in Vietnam shall be subject to financial obligations. In particular:
The applicant for arrest of a ship must be held legally liable for his request. If the request for arrest of a ship is wrongful, which may lead to any loss, such applicant shall be responsible for compensating for any loss or damage possibly incurred.
Any loss or damage that may be incurred from consequence of such request for wrongful arrest shall be dealt with as agreed upon between parties. Where there is any disagreement or dispute that may arise, the Court or Arbitration Tribunal shall be requested to settle this disagreement and dispute in accordance with laws.
If the Court that grants a judgement on arrest of a ship which is not based on the reasons for a request for arrest or does not serve on the ship as the right subject matter of such request, which may cause any loss or damage, it shall be liable for any compensation in accordance with laws and regulations.







Chủ Nhật, 12 tháng 8, 2018

What are Conditions to Meet for Trading civil cryptographic products and services?

BY Pham Thuy Linh IN , , No comments


According to Article 30 and 31, Law on Cyber Information Security,
Civil cryptographic products and services are:

1. Civil cryptographic products include cryptographic documents and technical and professional equipment used to protect information not classified as state secret.


2. Civil cryptographic services include services of protection of information using civil cryptographic products; inspection and assessment of civil cryptographic products; and counseling on cyber information confidentiality and security using civil cryptographic products.

Trading in civil cryptographic products and services requires:

1. An enterprise that wishes to trade in civil cryptographic products and services on the list of civil cryptographic products and services shall obtain a license for doing so.

2. An enterprise shall be granted a license for trading in civil cryptographic products and services when fully meeting the following conditions:

a/ Having managerial, administration and technical staff members who meet professional requirements on information confidentiality and security;

b/ Having equipment and physical foundations suitable to the scale of provision of civil cryptographic products and services;

c/ Having a technical plan conformable with standards and technical regulations;

d/ Having a cyber information confidentiality and security plan in the course of management and provision of civil cryptographic products and services;

e/ Having an appropriate business plan.

3. Civil cryptographic products shall be inspected and certified as conformable with regulations before being marketed.

4. To obtain a license for trading in civil cryptographic products and services, an enterprise shall pay a fee in accordance with the law on charges and fees.

5. The Government shall promulgate a list of civil cryptographic products and services and detail this Article.

Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.







Thứ Tư, 8 tháng 8, 2018

What Must Be Included in the Bank Guarantee Letter?

BY Pham Thuy Linh IN , , , No comments


The guarantee commitment must include the following contents:
a) Applicable regulations;
b) Serial numbers and guarantee commitment form;
c) Information about parties in the guarantee relationship;
d) Date of guarantee issuance, guarantee validity commencement and/or cases in which the guarantee validity begins;
dd) Date of validity termination and/or cases in which the guarantee validity is terminated;
e) Guarantee sum and currency;
g) Guarantee obligations;
h) Conditions for fulfillment of guarantee obligations;
i) Application for fulfillment of guarantee obligations;
k) How to check the authenticity of the guarantee commitment.
In Vietnam, there are banks whom only issue one original bank guarantee letter however the number of originals are not regulated in Vietnam laws.  It is also important to ensure the person whom sign the bank guarantee letter is legal representative or the authorized person whom is legally authorized to sign the bank guarantee letter.




Thứ Hai, 6 tháng 8, 2018

What is Bank Guarantee Letter?

BY Pham Thuy Linh IN , , , No comments


According to Vietnam Law on Credit Institution, and Circular 07/2015/TT-NHNN on bank guarantee, bank guarantee refers to a type of credit whereby the guarantor undertakes to act on behalf of the obligor to fulfill their financial obligations to the obligee in the event the obligor fails to fulfill or insufficiently fulfill their agreed-upon obligations to the obligee; the obligor must take on their debt obligations and repay the guarantor.
Guarantee commitment is the written document issued by the guarantor or the counter-guarantee issuing party or the guarantee-confirmation issuing party.
Letter of guarantee refers to the written commitment between the guarantor and the obligee to the guarantor’s fulfilling the financial obligation on behalf of the obligor in the event the obligor fails to fulfill or insufficiently fulfill agreed-upon obligations to the obligee.
To avoid confusion of bank, it is common to issue non conditional and irrevocable bank guarantee.  Having said that, the bank will release payment upon the first request from the obligee without the obligations to verify any contract non-performance.