Thứ Tư, 26 tháng 9, 2018

What is intellectual property act?

BY Pham Thuy Linh No comments

IPR stands for Intellectual Property Rights. To understand about Intellectual Property Rights, it is important to understand about the Intellectual Property (IP). Intellectual Property refers to the property which has both moral and commercial value and that comes out from the human intellect that may be a creation of human minds, inventions, copyrights on musical, literary, dramatic, artistic works and symbols, names, images used in commerce.

Basically, Intellectual Property (IP) is divided into two categories:-

 One area can be Industrial Property:-
Industrial Property again can be divided into two areas;
distinctive signs for Trademarks (TM) that distinguish the goods or services of one enterprise or undertaking from those of other enterprises or undertakings.Geographical Indications (GI) that identify a good originating in a place where a given characteristics of the good is essentially attributable to its geographical origin.

Other areas include Patents, Industrial Designs (IDs), Trade Secrets (TS) for innovation, design and the creation of technology.

Copyrights and Rights related to Copyrights deals with;
Authors’ Literary works (e.g. novels, poems, plays, writings and books), Artistic works (e.g. paintings, sculptures, drawings and photographs), films, computer programs, musical compositions and architectural designs.

Neighboring Rights include rights of performers (e.g. actors, singers and musicians), broadcasting organizations in their radio and television programs, and producers of phonograms in their recordings.

Intellectual Property Rights (IPR)

Deals with the legal rights granted to protect the creation of the intellect. These rights are same as of other property right. Rights allow creator or owner to get benefits by exploiting their creation.

IPR provides an exclusive right for the limited period of time to the individuals, enterprises and other entities to exclude others from unauthorized use, copy, sell, distribution or license.

Further Intellectual Property Rights are outlined in Article 27 of the Universal Declaration of Human Rights, which talk about the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.

The Importance of Intellectual Property (IP) was first recognized in the Paris Convention for the protection of Industrial Property in year 1883 and the Berne Convention for the protection of Literary and Artistic Works in year 1886. Both treaties are administered by World Intellectual Property Organization (WIPO).

Thứ Hai, 24 tháng 9, 2018

Property Liability of Husband and Wife in the Marriage Period

BY Pham Thuy Linh No comments

According to the laws of Vietnam, marriage relation is established between a man and a woman based on marriage conditions and registration. Marriage registration means establishment of legally valid marriage relation and is protected by State, binding the wife and the husband with certain liability – joint liability.
Joint liability means a liability which shall be performed by both wife and husband and which the obligee has the right to request other to perform in its entirety. This liability could arise from property obligation in marriage period.
Property of wife and husband include two types: common property and separate property. For the transaction of common property, both wife and husband mutually agree implement, joint liability shall always exist. Moreover, the following transactions which are made by either wife or husband including but not limited to: legitimate representation in civil transaction, business relations; representation in the ownership certificate of property; the obligations performed by either wife or husband in order to meet the family’s essential demand will bind both wife and husband by a joint liability.
Despite one of the principles of Civil Code on separate property that the owner has a right to possess, use and dispose its assets and the obligations, liabilities arising out such rights shall be performed by the owner in itself, the transaction performed by either wife’s assets or husband’s assets can arise joint liability to other party such as the usage of separate property for maintenance, development of common property or making family’s primary income.
In conclusion, the provisions of joint liability on spouses’ assets not only ensure the right, benefits of wife, husband, family and third party but also is legal foundation for resolution of dispute.

Why does Coca Cola Company fail to protect their receipe with patents?

BY Pham Thuy Linh IN , , , , No comments

We shall remember that, at any time, choices of IP protection shall always rest on profitability. If the patent protection make people lose money, then people would choose to avoid that.

By patenting the receipe of coke, Coca Cola company have to DISCLOSE the receipe to the world. In return, the receipe MAY be protected for a max of 20 years. After the protecting period expires, Coca Cola receipe falls into public knowledge, and anyone may use it anywhere.

It is not so easy to crack the coke receipe. Why would Coca Cola disclose their receipe to exchange for a short protection?

Surely, if the receipe is disclosed accidentally, anyone in the world may begin to use this receipe, and numberous competitors appear. In order to minimize the harm brought by the possible competitors, Coca Cola has invested a lot of money on their Trademarks and Scale of Production.

Now Coca Cola have a famous brand. Even two coke products taste the same, you would still choose Coca Cola.

By holding huge scale of production, Coca Cola is able to produce coke at a very very low cost. Even when another company begin to produce the same coke, they can never make coke this cheap.
Even when it is profitable to patent your product, you may still see no “patent” directly linked to a particular “product model”. See iPhone. Thousand of patents may be linked to the product, and there is no patent to protect “iPhone X”. We may need such strategies to mislead competitors, max the protection range, …

Thứ Ba, 18 tháng 9, 2018

I have been selling books and realized one of them is a copyrighted. What should I do?

BY Pham Thuy Linh IN , , , No comments

Almost any written work is copyrighted. Rights exist as soon as the proverbial pen leaves the page; i.e., there’s no “copyright application” process or anything like that. (There is a copyright registration process, in which an author deposits a work with the Library of Congress. But this registration process is optional. Moreover, you don’t have to have a copyright notice, i.e., a legend like “(c) 2018, Charles The Patent Lawyer” somewhere in the book. That’s also optional.

In any case, don’t worry. Copyrights do prevent unauthorized reproduction and distribution. But copyrights do not prevent selling works you otherwise lawfully own.

There’s an idea called “exhaustion,” also called “the first sale doctrine.” Roughly speaking, it stands for the idea that a rights-holder exhausts some of the rights associated with a particular copy of their work when they sell the work. Among the exhausted rights are the right to sell that particular copy.

In other words, if I buy a copy of Harry Potter, I am not authorized to reproduce the entire book word-for-word on my blog. I’m not authorized to make copies and give or sell them to my friends. But I am allowed to lend or sell my particular book to others.

Thứ Hai, 17 tháng 9, 2018

How do I make a secure copyright image?

BY Pham Thuy Linh IN , , No comments

I only can offer a perspective under US law. Three things you can do to help you enforce your copyright interest in a phone.

Register the photo with the US copyright office. You now can do it online.

Put a copyright notice on it. For example, (c) 2018 Your Name, or “Copyright 2018 Your Name.” You are not required to register with the US Copyright Office to use the notice.

Put a watermark on it. Best approach, a watermark with your copyright notice.

Keep in mind that these steps will not provide 100% full protection against infringement. But these steps will put others on notice that you assert a copyright interest in your photos, and you will be in a stronger position in the future to protect your rights.

Thứ Tư, 12 tháng 9, 2018

When Can the Buyer Suspends the Payment of the Goods Under International Sale Contract?

BY Pham Thuy Linh IN , , , No comments

In the execution of sales of goods contract, there are cases in international trade that allow buyer suspend the payment of the value of the goods to the seller.
According to Article 51 Law on Commerce 2005, it is regulated that, unless otherwise agreed, the suspension of payment for goods is provided for as follows:
-The buyer that has proofs of deceit of the seller shall have the right to suspend the payment.
-The buyer that has proofs that the goods are subject to a dispute shall have the right to suspend the payment until the said dispute is settled.
-The buyer that has proofs that the seller has delivered goods which do not conform with the contract shall have the right to suspend the payment until the seller remedy such inconformity.

However, it is suggested that the buyer or the seller to consult with internationaltrade lawyers in Vietnam for specific situations in potential contract dispute to avoid breaching the agreements.

Thứ Ba, 11 tháng 9, 2018

When is Bank Guarantee Obligations Terminated?

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.
Bank guarantee obligations shall be terminated under the following circumstances:
a) The obligor’s obligations are discharged.
b) The guarantee obligations have been fulfilled in accordance with the guarantee commitment.
c) The guarantee is cancelled or replaced by other guarantee measures.
d) The guarantee commitment has ended its validity.
e) The obligee has been exempted from liability to fulfill guarantee obligations to the guarantor.
f) Parties agree to terminate.
g) The contract which obligations is guaranteed and that part or whole contract are not executed is invalid or void.
h) Guarantee obligations shall be terminated under other circumstances in accordance with legal regulations.