Chủ Nhật, 17 tháng 6, 2018

What are Remedies of Intellectual Property Infringement in Vietnam?

BY Pham Thuy Linh No comments


Any organization or individual who commits an act of infringementof the intellectual property rights of another organization or individual shall, depending upon the nature and seriousness of such infringement, be dealt with by the application of civil, administrative or criminal remedies.


In necessary cases, the competent State body may apply provisional urgent measures, measures to control intellectual property related imports and exports, preventive measures and measures to secure enforcement of an administrative penalty in accordance with the provisions of this Law and other relevant laws.
Our Intellectual Property lawyers in Vietnam always follow changes in IP Law to provide clients with update.





Thứ Sáu, 15 tháng 6, 2018

Three Difficulties in Applying Temporary Residence Card in Da Nang

BY Pham Thuy Linh No comments


In recent years, more and more foreigners are coming to live, work, study or to reside in Da Nang, therefore, many foreigners apply for Temporary residence card (TRC) for more convenience in Vietnam.


According to the regulation of Section 13, Article 3 of Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam, Temporary Residence Card (TRC)is a legal document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside in Vietnam for a certain period of time. This card has the same validity as a visa. Therefore, if the foreigners have TRC, they will reside and entry/exit Vietnam without applying for visa.
However, the process and procedures to apply for TRC would have many different practical applications in each province. Particularly in Da Nang, the issuance of temporary cards for foreigners is more challenging.
The first, for the issuance of a TRC, the foreigner must apply for suitable visa, the issuance of TRC is executed at the Immigration Department of the Da Nang City Public Security. The application for a visa in Da Nang is more complicated than in other provinces. It is necessary to have specific information relating to the operation and management of the enterprise which guarantee foreigner to enter Vietnam(if any). For the submission of dossiers to apply for the visa, the foreigner shave to submit by themselves or by the staff of their company. This makes it necessary for the foreigner or the sponsor have to spend the time to complete the procedure.
Secondly, after having a valid visa, the foreigners should apply the TRC at the Immigration Department of the Da Nang City Public Security. The dossiers for applying the TRC is regulated in the Article 37 of the Law on enter, exit, transit, and residence of foreigners in Vietnam. However, when applying for temporary residence cards in Da Nang, the Immigration Department could request more other relevant documents to the business, which is some time not found in the law, which poses challenges to applicant.
Thirdly, the granting of TRC to foreign investors, workers in Da Nang requires the confirmation of work permit exemption, work permits. The duration of the TRC issued will be valid for a period of two (2) years. As a result, for foreign investors, only have TRC with the validity term of 02 years are granted, instead of maximum 5 years, as provided for in Clause 2, Article 38 of the Immigration law. In order to be granted a TRC for a period of more than two years, the Immigration Department shall consider the business situation of the company, the tax payment status of the investor, etc. Therefore, if investors want to be granted TRC for more than 02 years, they need to work in Vietnam for a longer time and the business must be profitable.
With the above difficulties, many foreigners need to necessary attention, prepare all the documents as well as know about the term of TRC, in order to be able to prepare the best dossier. In case of difficulties, ANT Lawyers with offices in Hanoi, Ho Chi Minh City and Da Nang and experience in work permit, immigration, and temporary residence card could provide legal services for the client’s convenience.



Thứ Tư, 13 tháng 6, 2018

How Exemption for the Application of Trade Remedies Work in Vietnam?

BY Pham Thuy Linh IN , , , No comments


Trade remedies measures, including anti-dumping measures, anti-subsidy measures and trade defense, are applied when conditions are satisfied that the act of damaging or threatening harm to the domestic production.


However, the Ministry of Industry and Commerce has also issued separate regulations for some goods exempted from the application of trade remedies. The circular No. 06/2018/TT-BCT providing detailed regulations on trade remedies as effective on June 15th, 2018 regulating the exemption for the application of trade remedies.
The Minister of Industry and Trade shall consider and decide on the exemption for goods in the following cases:
The imports have characteristics which are different from and not substituted by the like or directly competitive products produced by domestic industry;
The imports are special products of the like or directly competitive products produced by domestic industry;
There are no sales of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market;
The volume of the like or directly competitive products produced by the domestic industry is not enough satisfy the needs of the domestic market.
The duration of exemption for the trade remedies is calculated as follows: From the date of the decision on the application of a provisional or official remedy or the outcome of the decision on the results of the review of trade remedies effective until the end of December 31 of the year issuing the decision; The exemption period is one year from January 1 to December 31 of the following year or the exemption period from the date of receipt of valid dossiers to December 31 of the year when the exemption decision is issued.
Goods are exempted for the application of trade remedies measures, organizations and individuals are entitled to a refund of trade remedies tax paid on imported goods within the exemption period of the exemption decision. However, if the goods violate conditions such as misuse of goods; Commits fraudulent acts in the application for exemption; Failing to comply with the conditions and obligations in the exemption decision and the exemption conditions are no longer available, the organization or individual shall be subject to the revocation of the exemption decision which has been issued and at the same time shall have to pay tax according to provisions of law.
Exemption from trade remedies is a form of incentive in import and export activities, but this preference must be within certain limits and should not affect domestic production, domestic company.
As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

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Thứ Sáu, 8 tháng 6, 2018

What is the process to apply for a patent?

BY Pham Thuy Linh IN , No comments


1.The application is drafted. There are two major sections: the claims, and the support for the claims in the form of drawings and description of the drawings.

The claims are what you will actually have patented if your patent is allowed; something like “1. A method for teleporting a person from a first location to a second location, comprising: determining a layout of atoms of a person, creating a wormhole between the first location and second location using a nuclear fusion flux capacitor, sending the atoms of the person through the wormhole, and reassembling the person using an electronic atom manipulator and the determined layout.” “2. The method of claim 1, wherein the layout is determined by a portable electron microscope.” and so on. The description and drawings have to illustrate and provide sufficient technical detail that an ordinary engineer or specialist in the relevant field would be able to recreate your invention from the information provided.

2.The application is filed, along with various administrative forms where the inventor affirms they are the true inventor, the inventor/attorney disclose any relevant prior art they are aware of, and initial filing and search fees are paid.
3.The patent office will do a preliminary check to ensure that the formal requirements have all been met, like paying all fees and having legible text and drawings, and will let you know if anything is missing.
4.Within about a year to a year and a half, an examiner will determine if your claims are valid, patent-eligible, and aren’t already done by or obvious in light of what exists in the prior art.
5.If the examiner does reject your claims, you’ll have an opportunity to change the claims and/or argue why the claims should be allowed.
6.If the examiner is not convinced, you’ll have to decide whether to pay fees to reopen examination and repeat step 5, appeal the rejection to a review board (which can take several years), or abandon the application.
7.If the examiner is convinced, your patent will be granted, and you’ll pay some issuance fees and have an official copy of the patent mailed to you. You’ll be able to license the patent or keep competitors from practicing the invention



Thứ Năm, 7 tháng 6, 2018

How Vietnam Regulations on Intellectual Property Change to Integrate into Global Economy?

BY Pham Thuy Linh No comments


The intellectual property system of Vietnam has not matched up with international practice.  To resolve the matters, Vietnam has been developing programs on development of intellectual property legal system to meet the intellectual property standards of the international treaties which Vietnam is a member to.


Intellectual property rights have played an indispensable role in the process of forming a comprehensive economy and sustainable development. Certificates of intellectual property rights are the evidence of the success of each entrepreneur entering the world market. In the process of international economic integration, enterprises of Vietnam are forced to participate in international competitive environment with high intensity, strict requirements on enforcement of regulations on industrial property. This is also one of the requirement when entering bilateral trade agreements.
Infringement of intellectualproperty rights is not only common in Vietnam, but also happen in other countries around the world, including developed countries such as the US, Germany and France.… However, Vietnam’s weakness is not only the lack of awareness of intellectual property by the people, but also by regulators and the business community.
We need to recognize the fact that intellectual property rights in Vietnam are being increasingly violated. Counterfeit goods, counterfeit goods, pirated goods … are being sold in public. This risk will increase as Vietnam broaden our integration. Consumers’ awareness is also a concern. The cause of this phenomenon is that the price of counterfeit goods is only one-third to one-tenth of the price of genuine goods, so consumers know that fake goods, but still use because of being “cheap”.
The intellectual property of enterprises is valuable assets. When being focused and exploited optimally, this “intangible” asset will help businesses strengthen their strengths, enhance their position, reputation and competitiveness to increase sales and profits.
In the current trend of globalization, intellectual property is a powerful tool for the socio-economic development of nations. In practice, many companies and businesses around the world have been very successful and have become famous thanks to effective exploitation of intellectual property rights. For the enterprises of Vietnam, intellectual property rights also play an important role, especially in the process of international economic integration.





Chủ Nhật, 3 tháng 6, 2018

How Exploiting and Using Water Resources are Regulated in Vietnam

BY Pham Thuy Linh No comments


Water is an important resource of the country, all business activities, production and living all need water resources. Therefore, the exploitation and use of water resources are under the control of the Vietnam state authorities, to protect the resources, and avoid the waste that impact the environment.



The Vietnamese legal system has a wide range of legal provisions on water resources, including the Law on Water Resources; Law on Environmental Protection and supporting decrees. These legal documents are firm legal basis in the management and protection of water resources.

The state shall define the principles for exploitation, use and protection of water resources, which are the responsibility of all agencies, organizations and individuals; Must comply with strategies and master plans on water resources already approved by competent state management agencies; Effective exploitation and use, the law stipulates the order of priority for allocating water sources to ensure the balance between regions and domains. This priority includes prioritizing regional allocations (agreements between regions, governmental decisions) and prioritizing allocations based on water use purposes (domestic, agricultural, fisheries, power generation, industrial, transportation, preservation of cultural and historical value, exploitation and processing of minerals).
The Vietnam legal system on water resources is divided into two groups, one is the exploitation and use of water resources without registration and permission; the other is the exploitation and uses of water resources have to register and apply the license. For exploitation and use, registration must include water used for household activities; Small scale use for production, business and services; using sea water to produce salt; using water for religious activities, scientific research; water use for fire prevention, incident response and other emergencies. Water users will be required to pay water use fees as agreed in the water service contract. The price of water used by state agencies is determined and adjusted in accordance with the principles and actual use.

Apart from the above-said cases, the exploitation and use of water resources for permission of state agencies, including: exploitation of surface water and sea water; Groundwater exploration; exploitation and use of underground water; The above-said forms must be registered, permitted and permitted to conduct investment activities only when they are granted permits according to the provisions of law. The term of the license varies from 2 years to 10 years, suitable for exploitation and use, ensuring the stability as well as the protection of the environment to the maximum. At the end of the license period, the license renewal will be considered.
In addition to the exploitation and use of water resources of individuals and organizations, water resources investigation and assessment are also strictly regulated. Accordingly, the inventory of water resources must be implemented uniformly throughout the country, every five years, in accordance with national socio-economic development regulations. The responsibility for inventorying water resources is the coordination among relevant agencies, ministries and agencies such as the Ministry of Natural Resources and Environment; Ministries and ministerial-level agencies related to construction activities; Provincial People’s Committee.

In addition to using, exploiting water resources, another issue that is always on top of wastewater treatment. The treatment of wastewater must comply with the technical standards for wastewater. The Vietnam state always has projects and incentives for investment in wastewater treatment such as preferential land use fees, technical infrastructure investment support, other incentives.

All acts of violating the provisions of law on water resource and waste water treatment shall be handled according to the provisions of law. Depending on the circumstances, the level of treatment will be different, such as the handling of administrative violations or the handling of criminal offenses. The maximum fines amount to 1 billion VND for individual violations and 2 billion VND for organizations.





Thứ Sáu, 1 tháng 6, 2018

Which is the best country to file patent rights?

BY Pham Thuy Linh IN , , No comments


With respect to your first filed patent application, you may not have a choice. Some countries have export control laws that require that you first file in your current country. Only after being granted a foreign filing license do you then have the option to file in other countries.



According to the Paris Convention, you have within one year of your first filed application to file in foreign countries and claim priority to the filing date of the first filed application. Filing in many countries can be extremely expensive, however. A common strategy is thus to file a single PCT application, which can later be the basis for national/regional stage filings. This delays the expense, and allows more time to decide which countries are best. But one must realized that this strategy only applies to PCT member states. That does not include some countries, for example, Taiwan and Argentina. Applications must be filed there within a year of the first filing.

30 months after the earliest priority date of the PCT application, you’ll need to decide which countries (or regions) to enter the PCT application into. The best choice may be none. For example, if the PCT search report reveals prior art that is fatal to the patent application.

Assuming there are no major show-stoppers in the PCT stage, then there is a complex analysis that needs to take into account various factors, such as 1) your patent budget, 2) the market size in each country, 3) the likelihood of manufacturing in each country, 4) the strength of patent laws in each country, 5) the kinds of technologies patentable in each country. Balancing these against each other and coming up with an set of countries is extremely case specific. There is no generic answer as to what country or countries is best in the abstract. That being said, some of the most common countries/regions are US, Europe, Japan, Canada, Australia, S. Korea, and China. Within Europe, patents are most often validated in UK, France, and Germany