Thứ Ba, 18 tháng 6, 2019

Registering Copyright Services in Vietnam

BY Thuy Linh Pham IN , , , , No comments

Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.
However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.
With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:
Our services in copyright registration
-Provision of professional opinions and advice in relation to registration of copyright and related copyright;
-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;
-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;
-Appeal and cancellation;
-Proceedings before the judicial authorities.
How to register a copyright or related rights in Vietnam?
Condition of copyright registration
A Work shall be registered its owner’s copyright if it does meet the following conditions:
-The ideas of the Work shall be presented particularly in a visible material
-The Work shall be original (Be made directly by the author without copying from any other works or people).
Required information and document
-Original Power of Attorney (POA) from the Applicant;
-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …
-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …
-Business registration certificate or establishment certificate (if applicant is association or organization);
-Written promise of being ownership of the work of the applicant;
-Some other specialized document with each specified aspect.
Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.
 Duration of copyright protection
-The following rights are protected forever:
-Right to give titles to their works.
-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.
-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
The following rights are protected within the stipulated duration in law
-Right to make derivative works;
-Right to display their works to the public;
-Right to reproduce their works;
-Right to distribute or import the original or copies of their works;
-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;
-Right to lease the original or copies of cinematographic works and computer programs;
-Right to reproduce their works.
The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.
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.
We assist our clients in all steps of the prosecution phase of IP management.

Thứ Hai, 17 tháng 6, 2019

Handling administrative violations in industrial property in Vietnam – decree No.99

BY Thuy Linh Pham IN , , , , No comments

The violation in industrial property create damages to business and the the end users.  The government has increased the effort to curb the violations.   ANT Lawyers’ Intellectual Property lawyers in Vietnam keep abreast with changes in the Intellectual Property laws in Vietnam to provide our client the best service. 

The Government has just enacted Decree No.99/2013/ND-CP on handling administrative violations in industrial property field.   Accordingly, the maximum fine for individual’s violation is VND 250 million (or USD 12,000) ; similar violation of organization may be fined more than 2 times and maximum is VND 500 million (or USD 25,000).
According to this Decree, the Market Surveillance Agency has competence to handle violations occurred in domestic market:
–Guiding on protection of industrial property;
–Sealing, temporary seizure of the means;
–Violating patent, trademark, design, geographical indication; producing, importing, transporting, storing for sale of goods or stamps, labels, or items bearing counterfeit marks, geographical indications; unfair competition in industrial property field.
It is entitled to seizure evidences, means of  administrative violation, deprive the use right licenses, professional practice certificates or suspend business activities of goods and services in a period of time
Decree 99/2013/ND-CP shall replace Decree 97/2010/ND-CP issued by the Government and take effect on October 15th 2013.

We assist clients with other Intellectual Property services in Vietnam. 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 in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
We assist our clients in all steps of the prosecution phase of IP management.
Please send us request via email at or call us at +84 24 730 86 529. We'll support you directly. Many thanks!

Thứ Sáu, 14 tháng 6, 2019

How can I register a trademark internationally?

BY Thuy Linh Pham IN , , , No comments

Trademark is the asset of individuals, and organizations which is protected independently in each nation therefore a trademark being registered in a country would still be a subject of violation in another country because it is not yet registered.
Currently based on a trademark patent or a national trademark application, by filing an international application, the trademark owner shall acquire the right of trademark registration in some or all members of the Madrid system.

Trademarks are intangible assets, and can be bought, sold or licensed, making your company more valuable. However, you have to analyze your company to determine the value in seeking trademark protection in foreign countries. An experienced intellectual property attorney is the best person to speak to regarding this decision. There is a mechanism for obtaining a trademark in other countries: the Madrid Protocol.

Conditions of international registration under Madrid System
-People who have been granted the Certificate of Trademark Registration have the right to register their respective international trademarks under the Madrid Agreement;
-People who have already filed an application for registration of a trademark and who have been granted a certificate of registration of a trademark shall have the right to make an international registration of the mark corresponding to the Madrid Protocol.

To sum it up, you should first file for a trademark in your home country. From there, your country will forward it to WIPO. After WIPO examines it, and hopefully approve it, it will send you a certificate of your international registration and notify the IP Offices in all the territories where you seek trademark protection in. The last step is for those territories to make a decision within the time limit (12 or 18 months) in accordance with their own rules. WIPO will record the decisions of the IP Offices in the International Register and notify you when they are made. If a particular Office refuses to grant protection, you can contest a refusal decision directly before it. Conversely, if an IP Office accepts to protect your mark, it will issue a statement of grant of protection.

Thứ Tư, 12 tháng 6, 2019

How to Establish a Company in Vietnam?

BY Thuy Linh Pham IN , , , , No comments

Foreign investors may invest in the form of 100% capital to establish a limited liability company, joint stock company, partnership company or other forms in investment in Vietnam.

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.
A project dossier for establishing a company in Vietnam shall comprise:

-Registration/Request for issuance of Investment Certificate;
-A report on financial capability of the investor;
-Draft of the company’s charter;
-List of members of company;
-Copy of the people’s identity card, passport or other lawful personal certification, for individual members;
-Copy of the establishment decision, business registration certificate or other equivalent document, for member organizations;
-Copies of the authorization document, the people’s identity card, passport or other lawful personal certification, for authorized representatives.
-Copies of the business registration certificates of the foreign member organizations must be authenticated within three months before the date of submission of the business registration dossier by agencies where such organizations are registered;
-Written authorization of the investor in case investor is organization and valid copy of the lawful personal certification of the authorized representative. Documents in foreign languages must be translated into Vietnamese, notarized and legalized;
-The joint-venture contract or Business Cooperation Contract (BCC);
-Other documents required by Vietnam law.

The establishment of a company in Vietnam would take from 30 days.  The extra time might be needed in case the investment area is conditional or the State government needs to examine the investment project.  Minimum capital, special licenses or other conditions might be required in certain investment projects.
ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice.

Thứ Ba, 11 tháng 6, 2019

If I bought an original work from an artist can I copyright it since the original work and character now belongs to me?

BY Thuy Linh Pham IN , , , , No comments

First off, you can’t copyright it because it’s already copyrighted. Under modern law, copyright exists the moment a work is set down in a permanent form. It is possible for the owner of the copyright to then register that copyright, but that is not what creates the copyright.

Second, buying a physical version of a work does not give you the copyright. It doesn’t matter whether that version is the original, or even if it’s the only version. You still don’t get the copyright. The only way you can get the copyright is to buy the copyright. In order to transfer the copyright to you, the owner must do so explicitly in writing, and it must be signed. The only thing you get by buying a physical version of a work is that particular physical version.
Source: Quora

Thứ Hai, 10 tháng 6, 2019

Authorized Representative of the Company Under New Law on Enterprises

BY Thuy Linh Pham IN , , , No comments

In order to raise the standard of business environment in Vietnam, Law on Enterprises 2015 reduced many administrative procedures of establishing and running a business, including the representative authorization of the member or shareholder of the company.
One of the distinguished amendments: authorized representative of the member or shareholder which is legal entity is not required to inform the licensing authority (i.e. Department of Planning and Investment).
Law on Enterprises 2015 provides that the appointment of an authorized representative must be made in written, notified to the Company and take valid from the receipt date of the Company while under Law on Enterprises 2005, the same must be registered at the licensing office.
In addition, any restrictions by the authorizing member on his/her authorized representative in the performance as member in the Members’ Council or shareholder in the Shareholders’ Meeting shall not enforce against the third party.
ANT Lawyers is a law firm in Vietnam with international standards, recognized by IFLR1000 on Financial and Corporate practice. The firm provides a wide range of legal services, including M&A, corporate establishment, business advisory, tax advisory, dispute resolution for multinational and domestic clients.
This publication is designed to provide updated information of legal matters, and does not constitute professional advice.

Thứ Sáu, 7 tháng 6, 2019

When and How to Register Trademark to Protect IP Rights

BY Thuy Linh Pham IN , , No comments

Considering trademark registration activities, the subject holder must comply with certain conditions to fulfill its trademark registration rights.
According to Article 13.1 Law on Intellectual Property amended in 2009:
-Organizations and individuals may register marks to be used for goods they produce or services they provide.
-Organizations and individuals that conduct lawful commercial activities may register marks for products they are marketing but produced by others, provided that the producers neither use such marks for their products nor object to such registration.
-Lawfully established collective organizations may register collective marks to be used by their members under regulations on use of collective marks. For signs indicating geographical origins of goods or services, organizations that may register them are collective organizations of organizations or individuals engaged in production or trading in relevant localities. For other geographical names or marks indicating geographical origins of local specialties of Vietnam, the registration must be permitted by competent state agencies.
-Organizations with the function of controlling and certifying the quality, properties, origin or other relevant criteria of goods or services may register certification marks, provided that they are not engaged in the production or trading of these goods or services. For other geographical names or marks indicating geographical origins of local specialties of Vietnam, the registration thereof must be permitted by a competent state agency.
-Two or more organizations or individuals may jointly register a mark in order to become its co-owners on the following conditions: i) This mark is used in the names of all co-owners or used for goods or services which are produced or traded with the participation of all co-owners; ii) The use of this mark causes no confusion to consumers as to the origin of goods or services.
If the subject falls into one of the cases mentioned above, they will have the right to register the mark at the National Office of Intellectual Property. After the subject condition has been met, consideration should be given to the condition that a mark can be protected as a trademark. In particular (i) It is a visible mark in the form of letters, words, drawings or images including holograms, or a combination thereof, represented in one or more colors; (ii) It is capable of distinctive goods or services of the mark owner from those of other subjects.
However, there are some exceptions even when the mark satisfies those two conditions. For example, marks identical with or confusingly similar to national flags or national emblems; or marks identical with or confusingly similar to emblems, flags, armorial bearings, abbreviated names or full names of Vietnamese State bodies, political organizations, socio-political organizations, socio- politico-professional organizations, social organizations or socio-professional organizations or with international organizations, unless permitted by such bodies or organizations shall not be protected as a trademark.
In order to register for protection of a trademark, the registrant should pay attention to the subject matter and the conditions for the trademark to be protected in order to avoid being refused at the registration authority because of the failure to meet the conditions for the subject or the conditions for protection.
IP Attorney at ANT Lawyers – a Law Firm in Vietnam, a licensed IP agent in Vietnam shall be providing the advice to client to help the clients evaluate and file registration for trademark, patent, copyright and other IP related services