Protecting intellectual property rights abroad for Vietnamese enterprises

The development of international supply chains has become a critical success factor for big companies, and should be seen as important key for products of developing countries to gain entry into high standard market such as USA, European Countries, and Japan. However, many Vietnam companies have experienced problems in shifting their supply chain abroad as well as managed their intellectual property such as geographical indication, trademarks.

 

Protecting Intellectual Property Rights Abroad for Vietnam Enterprises

On October 24^th, 2017, Vietnam Intellectual Property Association (VIPA) in cooperation with the World Intellectual Property Organization (WIPO), Vietnam Chamber of Commerce and Industry (VCCI), International Association for the Protection of Intellectual Property Rights (AIPPI) organized the seminar “Protecting intellectual property rights abroad for Vietnamese enterprises” to provide Vietnam companies value information for protecting their Intellectual Property right in the Fourth Industrial Revolution and global supply chain development.

All the experts have strongly recognized the important role of intellectual property protection abroad for Vietnamese enterprises and introduced:

-Introduction to the International World of Intellectual property

-Protecting a valuable asset- How to protect your Brand with Madrid

-Options to protect an invention: Patent Cooperation Treaty (PCT) and trade Secrets

-Introduction to the international design System- Hague

-Other WIPO services, Tools and Products

-About International Association for the Protection of Intellectual Property- AIPPI (Association Internationale pour la Protection de la Propriété Intellectuelle) Vietnam is a member of the WIPO and is a signatory to the Paris Convention for the Protection of Industrial Property. It has acceded to the Patent Cooperation Treaty and the Madrid Agreement Concerning the International Registration of Marks, and in 2004 joined the Berne Convention. Therefore, the Vietnamese enterprises should file trademarks, patents or industrial designs by international systems for saving cost and managing the registration procedures effectively. However, it is suggested that the international Bureau of WIPO does not decide whether trademarks, patents or industrial designs are eligible for protection or not, and the final decisions must depend on Intellectual Property law of each country i.e. Vietnam. For differences of laws in every country and difficult techniques when preparing Intellectual Property application, applicants should find valuable assistant from Intellectual Property agent.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANT Lawyers.vn - Law Firm in Vietnam. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP. We routinely match inventors with experienced IP attorneys for a free consultation on our platform and offer a money back guarantee. 

 

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Dispute Resolution in Vietnam Through Arbitration

Dispute resolution methods are litigation, negotiation, mediation and arbitration. Handing disputes requires litigation dispute law firm in Vietnam with dispute lawyers in Vietnam having experience and knowledge to provide resolutions to complex cross-border issues, commercial and civil disputes.

 

Arbitration Law Firm in Vietnam 

In the current business environment, most business agreements could contain a clause stipulating that disputes arisen must be resolved in arbitration.  For a dispute to be referred to arbitration, there must be a valid arbitration agreement in writing, either as an arbitration clause within a contract or a separate agreement.  If the agreement is included within the context of a contract, the arbitration clause is considered independent, and any modification, extension, or termination of the contract does not affect the validity of the arbitration clause. Vietnamese law allows for a written arbitration agreement to take the form in any written form, so long as the writing clearly indicates the parties’ intent to resolve any dispute via arbitration. If a dispute falls within the scope of a valid arbitration agreement, but a party attempts to initiate court proceedings, the residing court does not have jurisdiction over the matter, and must drop the case. Moreover, an arbitration agreement does not have to stipulate specific dispute matters and/or the arbitration organization authorized to resolve disputes without supplemental agreement.  Even if there is a valid arbitration agreement, Vietnamese Arbitration Law stipulates that in order for a dispute to go to arbitration, it must also fit into one of three categories:

(1) disputes arising from “commercial activities”;

(2) disputes where at least one party is engaged in commercial activities;

(3) other disputes where the law stipulates that arbitration is a permissible means of resolution.

In category (1), the term “commercial activity” is defined in Commercial Law No. 36-2005-QH11 (31 December 2005) as “activity for profit-making purposes comprising the purchase and sale of goods, provision of services, investment, commercial enhancement, and other activities for profit-making purposes.”  The types of disputes that often fall into the second category are noncommercial disputes, such as civil disputes, where at least one party to the dispute is engaged in commercial activities. However, this category does not apply in disputes between a good/service provider and a consumer. In this case, the law allows the party to choose between litigation and arbitration. Even the agreement includes a standard arbitration clause in the supply of goods or services contract, the dispute may not be arbitrated without the consumer’s consent. The final category of disputes permissible for arbitration gives legislators discretion to expand or maintain the types of disputes resolved through arbitration.  An example of a category (3) dispute is a dispute arising from investment activities governed by the Law on Investment.

Arbitration has become an extremely popular method of dispute resolution, as many businesses prefer it over the high costs of litigation.

Contact Us for Mediation Services in Vietnam  provided by qualified mediators and lawyers, supported by field experts.

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients. For advice or services request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

 

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How to protect Industrial Design in Vietnam

Before a new design is launched, or sold in a new country, client company needs to ensure the Intellectual Property protection of industrial design in Vietnam.

 

ANT Lawyers IP Practice offers industrial design services as following:

- Look-up, assess and consult possibilities to register industrial design in Vietnam and abroad;

-Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;

-Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;

-Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;

-Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;

-Advise on building strategies, brand development;

If you are looking for an experience Industrial design attorney in Vietnam to help you with your Industrial design matters, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

 

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Register industrial design in Vietnam

Register industrial design in Vietnam is necessary for individual and organization.

Industrial design is the outward appearance of a product embodied in three-dimensional configuration, lines, colors or a combination of such elements. An impressed appearance shall increase the value of products, the attraction to customers and the distinction from other same products. In fact, however, appearances of products can be copied easily if there no legal protection and prior prevention. Filling industrial design in National Office of Intellectual Property shall guarantee that your product appearance is protected from violation of others.

 

Register industrial design in Vietnam

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to offer you Industrial Design Filing service as follow:

ANT Lawyers service in Industry Design

Our services in this area include:

a. Evaluate the possibility of registration and use of Industrial Design;

b. Search for information on the registration and use of Industrial design;

c. File application and proceed with the legal procedures on the registration of Industrial design;

d. Advise and proceed with the legal procedures on the record of assignment of Industrial Design application;

e. Advise and proceed with the legal procedures on the record of amendment of Industrial Design application such as: name and address of the applicant;

f. Advise and proceed with the legal procedures on the amendment of the Industrial Design Certificate on the basis of transferring of ownership, merging companies; record of change of name and address of the Certificate holder;

g. Advise on the renewal of validity of the exclusive Industrial Design Certificate.

h. License and Assignment;

i. Opposition against proceedings;

j. Appeal; cancellation; invalidation;

 

How to file Industrial Design in Vietnam?

Required documents:

i. Original Power of Attorney from the Applicant(s);

The POA must be signed by an applicant or duly authorized representative on behalf of the Applicant (no further notarization or legalization is required);

The POA is required at the time of filing, please therefore arrange to have and provide us with scan copy via fax or email first and original one can be followed within one [01] month later.

ii. Full name and address of applicant(s);

iii. Full name, address and nationality of designer(s);

iv. Drawing of design;

The drawings of design must show clearly 7 views (separately in jpeg. format is preferable): perspective view, front view, rear view, right view, left view, top view, bottom view, at a same scale; and the minimum resolution is 300DPI.

v. Original certified true copy of priority document (if any);

vi. Salient novelty features description in which showing the using purpose or Lorcano classification of design, if any.

Time and procedures:

The ID application will be examined by National Office of Intellectual Property of Viet Nam (NOIP) with ID Examination Procedure as below:

i. Formality examination: Under Intellectual Property Law of Vietnam, the above application will be examined as to form within one [01] month as from the filing date or date entering the national phase. If the ID application meets the requirements as to form, the NOIP will issue a decision of formality acceptance and then the application will be further processed.

ii. The Substantive Examination: The above application will be examined as to substance within 12 months.

• Notification of the Substantive Examination Results.

• The Decision of Refusal or Request to pay fee.

• Issuing the ID of Invention

Note: The deadline for filing design application in Vietnam on the basis of claiming priority right under Paris convention is 6 months counted from the earliest priority date;

iii. The total time from filing to registration in straightforward case is 12-14 months. However, in practice, this duration can be extended further 3-6 months;

ID Term and Maintenance:

A registered industrial design is given an initial protection period of 5 years from the date of filing and is extended for two further consecutive terms of 5 years each. The maximum protection period is 15 years.

If you are looking for an experience Industrial design attorney in Vietnam to help you with your Industrial design matters, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

 

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