What are the main rules of thumb about fair use on the web?

The number one piece of advice: Assume it’s protected.

I'll give you other tips below for you:

Just because its online, doesn't mean that it’s public property. So many people have this false sense of entitlement to anything they see posted on social media "especially pictures".

Copyright in Vietnam

If someone complains, just remove the content for the time being. No, you don’t have to sell your soul to every troll on the Internet who demands that you remove content from your site, but you should take it down long enough to research to make sure they don’t have a legitimate legal complaint.

Remember that always, always, always ask first. If you see awesome photographs you want to post on your blog and website or other social network, just ask first. Sometimes people are totally fine with exposure as long as they are properly credited.

Copyright is a murky area and you don’t want to get caught up in an unnecessary legal battle over a picture or two. So save yourself some trouble and just take some of the precautions.

If you’d like some more help with understanding copyright laws, we can connect you with a skilled copyright attorney in Vietnam that can answer your questions and potentially help you avoid a costly mistake.

Read More

NOIP Starts to Accept Direct Filing at Office Post Covid-19’s Hold Off

Recently, National office of Intellectual Property in Vietnam (NOIP) has made a new notification on accepting the direct filing the industrial property application at head office of NOIP and its representative offices in Da Nangand Ho Chi Minh city.

Based on the current situation of Covid 19, on April 23^rd 2020, NOIP issued the Notification No. 5469/TB-SHTT. Accordingly, from April 24^th 2020, NOIP would receive the industrial property applications directly at head office (386 Nguyen Trai, Thanh Xuan, Hanoi) and its representative offices at Ho Chi Minh and Da Nang city, besides the online application and submissions via courier.

NOIP requests applicants to comply with the Covid-19 epidemic prevention and control measures (measure body temperature, wear a mask, keep an appropriate contact distance, do not gather crowded, do not go entering unrelated places within NOIP’s area, etc.) when filing an application for industrial property objects registration at the Head Office and Representative Offices.

If you’d like some more help with understanding IP laws, we can connect you with a skilled IP attorney in Vietnam that can answer you questions and potentially help you avoid a costly mistake.

Read More

What do you need to register a trademark?

What material is required to register a trademark?

The two main things you need to register for a trademark are money and a little homework. The homework comes into play when selecting your mark. You need to first conduct a trademark search to assure it’s available for use. After doing the search, you need to ensure that you have a mark that can be protected in the first place. Not all marks are may be protected, for whatever reason, whether another owner has a legal claim to it or because it is too weak, or anything in between. In your application make sure to include (as per the USPTO website):'

Trademark protection in Vietnam

A completed application form submitted in hard copy or electronically as noted above.

The appropriate fee.

A drawing of the mark to be registered - this is true even if the mark is just an unstylized word.

Specimens of use of the mark if the application is based on actual use in commerce.

Although it’s not required, it’s highly recommend hiring an IP attorney to guide you through this process. There are many requirements, strict deadlines, and non-refundable filing fees, all in a system that is not forgiving in case you mess up. An attorney will do the research to make sure the mark isn't already taken, ensure the filing gets accepted by the USPTO, and provide sound legal advice throughout the whole process.

Source: Raad Ahmed

Read More

How do you determine if a short phrase is trademarked or copyrighted?

How can I check if a quote is trademarked or copyrighted?

You will want to conduct an extensive search. Sure, there are free and “easy to use” options, but keep in mind, IP searches are not as easy as you think. Phrases or quotes aren’t as common under copyright protection, but as other answers have indicated, it does happen. Most of your concern will center on your ability to coin the phrase so that you can sell products or services.

Register trademark in Vietnam

It’s a good idea to do a preliminary search, but before you use the phrase to make money then you need to be POSITIVE that it doesn’t belong to anybody else. Your best bet is to hire an IP attorney to help you double check through extensive researches. These guys are professionals when it comes to researching and reviewing trademarks and copyrights.

If you are interested in finding an IP attorney in Vietnam, let ANT Lawyers help. We can connect you with a skilled lawyer that is much more affordable than a traditional law firm attorney. Check us out and please get in touch if you’d like more assistance. Best of luck!

Read More

How are intellectual property rights (IPR) infringed?

Regarding intellectual property law, is copyright infringement theft?

A person’s or company’s \intellectual property rights are infringed when someone else uses their intellectual property in ways that only the intellectual property owner has the right to do.

Here is how the four types of intellectual property can be infringed:

-Copyright is infringed when someone copies, records, publishes, distributes, publicly displays or performs, or makes derivative works of someone else’s creative work without permission.

-Trademark rights are infringed when someone uses a competitor’s trademark (or a confusingly similar one) to brand their own product or service.

-Patent rights are infringed when someone makes, uses, or sells, without permission, an invention for which someone else hold’s the patent.

-Trade secrets are infringed when someone publicly reveals a company’s confidential information.

Depending on each jurisdiction’s laws, there may be certain factors considered or exceptions made when determining whether or not intellectual property rights have actually been infringed.

Source: David Mullich

If you're looking for an affordable IP attorneys in Vietnam, check out ANTLawyers.vn was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face.

Read More

Complaints and Settlement of Complaints on Registration of Industrial Property

According to the regulations of law on complaint, complain means a citizen, agency, organization, cadre or civil servant requests a competent agency, organization or person to review an administrative decision or act of a state administrative agency or competent person in such agency when having grounds to believe that such decision or act is unlawful and infringes upon their rights and lawful interests. Whereby, the decision or notification of National office of Intellectual property in Vietnam related to an industrial property subject is also an administrative decision and may be complained if the rights and benefit of interested parties to that industrial property subject are effected.

Industrial design in Vietnam

Who have right to file complaint in intellectual propety registration?

According to current regulation of law on intellectual property regarding the complaint of industrial registration, the subjects who have the right to complain to intellectual property authority or file petition at the court include all organizations and individuals having the rights and benefit directly relate to the decision or notification of application on industrial property application.

How long is the timeline to file complaint in intellectual property registration?

The first complaint is conducted within ninety (90) days from the date when the persons who receive or know about the notification on proceeding the industrial property application. The second complaint is within thirties (30) days from the date of expired the duration for settlement of the first complaint.

What is complaint filing procedures in intellectual property registration?

Upon the expiry of the time limit for settling the first complaints and the complaint was not settled or the parties did not agree to the decision on settling the state authority, then complainant, the person who has the directly related right and benefits shall have the right to complain to Minister of Ministry of Science and Technology – MOIST (the second complaint) or file petition at the court. If the parties does not agree to the settlement decision of MOIST, then, the person whom file complaint and the persons who has directly related right and benefit to that decision may bring to case to the court.

What are the dossiers for filing complaint in intellectual property registration?

The dossiers for filing complaint include the following documents:

·        The application with matters to be complained;

·        The submission and evidence of complaint;

·        The copy of decision or notification is subject to be complained;

·        The copy of settlement decision for the first complaint (to the second complaint);

·        Power of attorney (if submit the application via intellectual property agent i.e. ANT Lawyers).

·         

What are settlement of complaint application?

Within ten (10) days from the date of receiving the complaint application, the person who has the competent of settling the complaint must examine the formal of application and issue the notification to the complainant whether the complaint application is being processed. In case of being processed, the person who has the competent of settling the complaint shall notify in written document to the parties who have directly related rights and benefits (“interested parties”) and set a time limit for them to provide opinions. Interested parties have the right to provide information, evidence for the opinion and the competent person is responsible for considering such submissions. At the end of the time limit, if there is no opinion from interested parties, the complaint shall be settled base on the opinions of the complainant.

What are decision of settling the complaint and publication of such?

Based on the arguments and evidence of complainant and interested parties, the competent person must issue the decision of settling the complaint within the duration as regulated of law on complaint. Before issue this decision, competent person notifies to the complainant and interested parties on the arguments and evidences of each party used to settle the complaint and the result of the complaint. The decision of settling the complaint is published on Industrial Gazette within 02 months from the date of signing the decision.

If the client needs help with handling such complaint, our intellectual property attorney in Vietnam at ANT Lawyers will be of help.

=

Read More

Investor State Dispute Settlement between Foreign Investor and Host State under CPTPP Agreement and EVIPA Agreement

New-generation FTAs not only limit the field of goods and services but also expand regulation of scope of invesment. The majority of these FTAs include liberalization principles of investment and protection of investor through regulation on dispute settlement mechanism between investor and state (ISDS). The two agreements that have recently been paid attention to are the Comprehensive and Progressive Agreementfor Trans-Pacific Partnership (CPTPP) with Chapter 9 of Investment takingeffect from January 14th, 2019 in Vietnam and EU – VietnamInvestment Protection Agreement (EVIPA) (from EU-Vietnam Free Trade Agreement – EVFTA) whose all member states are going to ratify before taking effect.

Firstly, in regard to transparency rule of the dispute settlement, both of CPTPP and EVIPA have provision improving the transparency of the proceedings. Accordingly, all documents (submitted by parties, decision of arbitral tribunal) except for protected information shall be made available to the public. Hearings shall be conducted open to the public for relevant parties to attend. EVIPA has applied the UNCITRAL Transparency Rules while CPTPP does not apply this Rules but only some regulation specified in Article 9.24 (Article 9.24 of CPTPP and Article 3.46 of EVIPA).

Secondly, EVIPA has established a permanent tribunal being different with the ad-hoc tribunal in CPTPP. In EVIPA, investment tribunal system includes two tribunals: Tribunal and Appeal Tribunal. This is the first time there is permanent tribunal in a Investment Protection Agreement of Vietnam.

Thirdly, award of tribunal. In EVIPA, final award shall be obeyed by the parties without appeal, review, set aside, annulment or any other remedy. Vietnam is extended for a period of 5 years following the date of entry into force of this Agreement, or a longer period determined by the Committee. In that time, if Vietnam is the respondent, recognition and enforcement of a final award shall be conducted pursuant to the New York Convention of 1958 (Article 3.57). When 5-year period is expired, recognition and enforcement shall be conducted pursuant to ICSID Convention (without domestic procedures of recognition and enforcement). Diplomatic protection shall not be applied unless one party has failed to abide by and comply with the award (Article 3.58). Meanwhile, according to Article 9.29, CPTPP still allow revision or annulment of award. CPTPP has more enforcement mechanism than EVIPA, including ICSID Convention (without domestic procedures of recognition and enforcement), the New York Convention or the Inter-American Convention (with domestic procedures of recognition and enforcement).

Finally, both EVIPA and CPTPP improve the independence, impartiality and quality of arbitrators or members of the tribunal while issuing a code of conduct them. In EVIPA, this code of conduct is specified in Annex 11, while in CPTPP, this code is not specified but shall be provided later by contracting parties on the basis of Code of Conduct for Dispute Settlement Proceedings under Chapter 28 (Dispute Settlement) (Paragraph 6, Article 9.22 of CPTPP).

At ANT Lawyers - Law firm in Vietnam, our trial lawyers with accreditation in national and international arbitration practice could help providing legal advice in disputed matters, and guide the clients through out the process.  The lawyers could also advise the clients on various matters from choice of arbitrator, choice of arbitration rules, ad-hoc or institutional arbitration, place of arbitration, enforcement of arbitral award.

Read More

How to Temporary Suspension Customs Clearance Procedures for Goods Subject to Intellectual Property Rights Protection?

The import and export of counterfeit goods or goods that violate intellectual property rights have been causing huge loss to the intellectual property rights owner.  The government’s process to control such will help utilize the resources in the society and encourage the innovative companies to invest in products in quality, designs, build trademarks… and ensure their intellectual property rights are protected and they could benefit from such. When the owner of property rights scans the market and find the violation of intellectual property rights, they could appoint intellectual property attorney to work with authorities and have proper legal solutions, including requesting the customs authority to suspend the customs clearance.

Customs dispute law firm in Vietnam

As part of the international integration process into world trade, Vietnam has gradually issued legal instruments to strengthen tools for managing the potential violations especially in intellectual property areas.

On March 6, 2020, the Ministry of Finance issued Circular no. 13/2020/TT-BTC on amending and supplementing a number of articles of Circular no. 13/2015/TT-BTC dated January 30, 2015 providing for inspect, supervise and temporarily suspend customs procedures for exports and imports subject to intellectual property protection; controlling counterfeit goods and goods infringing intellectual propertyrights.

Under point b, clause 1, Article 1 of Circular no. 13/2020/NTT-BTC, customs control of counterfeit goods and goods infringing intellectual property rights means the application of professional customs control measures or/and other professional measures implemented by customs authority according to the provisions of law to prevent and combat smuggling and illegal transportation of goods being counterfeit goods and goods infringing intellectual property rights in the geographical areas of customs operation. Compared with the provisions of Circular no. 13/2015/TT-BTC, the scope of customs control for counterfeit goods and goods infringing intellectual property rights is expanded, not only borders, non-tariff areas.

The Ministry of Finance supplements cases of refusal to receive applications for inspection and supervision of export and import goods that require protection of intellectual property rights of organizations or individuals, specifically: may refuse to accept applications if additional submissions are within 10 working days from the date of the notice of additional submission.

Besides, amending and supplementing regulations on handling of goods showing signs of intellectual property rights infringement. Within 03 working days after receiving the notice of goods showing signs of infringement of intellectual property rights of the customs office, if the intellectual property right holder or the lawfully authorized person does not have the request for suspension of customs procedures is completed, the customs authority will continue to carry out the customs procedures. In case the intellectual property right owner or the lawfully authorized person does not have a written request for temporary suspension of customs procedures but pays a sum of money or guarantee documents as prescribed or have a written request for temporary suspension of customs procedures but do not pay a sum of money or guarantee documents as prescribed, the Sub-department of Customs where customs procedures are carried out does not suspend customs procedures for goods, unless it is detected counterfeit goods on intellectual property. In contrast, if the intellectual property rights owner of goods requests the suspension of customs procedures, the Sub-department of Customs where the customs procedures are carried out shall issue a decision on suspension of customs procedures. In cases where there are sufficient grounds to identify goods infringing upon intellectual property rights, the Director of the Customs Sub-Department shall consider deciding to immediately apply handling measures prescribed in Articles 214 and 215 of the Law on Intellectual Property 2005, at the same time, coordinate with control forces at all levels to collect information, investigate and verify goods to handle according to regulations. The time limit for suspension of customs procedures is 10 working days from the date the customs authority issues a decision to suspend customs procedures. In addition, different from the previous regulations, the person who requests for temporary suspension of customs procedures may extend the time limit (if there is a plausible reason) if paying additional money or guarantee documents, the extended time limit; the extended period shall not exceed 10 working days from the expiry of the suspension period as prescribed in clause 8, Article 1 of Circular no. 05/2020/TT-BTC.

Regulations on suspension of customs procedures for detecting signs of infringement of intellectual property rights are provisions to protect goods that have been registered for intellectual property rights. Intellectual property is the most valuable type of intangible asset to every enterprise. When an enterprise has trademarks, inventions, industrial designs… applied to products that are registered for intellectual property rights, these intellectual property objects will become the property of the enterprise, and giving the company a lot of advantages on monopoly rights and protection policies and such should be protected properly with the help of intellectual property lawyers.

This Circular is effective from April 20, 2020. Organizations and individuals exporting or importing goods; Organizations and individuals that are owners of intellectual property rights, owners of genuine goods which are counterfeited or lawful representatives of owners need to follow and comply with the provisions of law to know and protect their rights.

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.

Read More

Vietnam Initiates the Investigation on Anti-dumping to Polyester Filament Yarns

On April 6 2020, Minister of Ministry of Trade and Industry (MOIT) signed the Decision 1079/QD-BCT on investigating and applying anti-dumping measures to someproducts made of polyester filament yarns originated from People’s Republic of China, Republic of India, Republic of Indonesia and Malaysia. Related parties may by themselves or authorize to experienced law firm in Vietnam on international trade to work with Trade Remedies Authority of Vietnam to cooperate.

Who are Requesters of Anti-dumping Investigation in Vietnam?

The Requester is 03 (three) companies including (i) Vietnam Petrochemical and Fiber Joint Stock Company (ii) Formosa Industries Corporation (iii) century synthetic fiber corporation. In which, production of Requester and Supporter take 67,4% total similar production produced domestically and there is no domestic producer oppose the case.

What Imported Products under Anti-dumping Investigation in Vietnam?

The products under investigation of AD10 are some products made of polyester filament yarns with following HS code: 5402.33.00, 5402.46.00 and 5402.47.00 originated from People’s Republic of China (China), Republic of India (India), Republic of Indonesia (Indonesia) and Malaysia.

What are Duty Levels Proposed by Requester?

Countries/territories of origin	Proposed duty
China	17,0%
India	54,9%
Indonesia	60,6%
Malaysia	6,4%

How to Determine Damage and Causal relationship in Anti-dumping Case?

Products which are supposed to be dumped are the reasons leading to the significant damage of domestic industry:

·        An excessive increase regarding the imported production of products originated from China, India, Indonesia and Malaysia.

·        Signs of the price difference, the price of imported products are always considerably lower than the sale price of domestic industry.

·        Decrease in profits and gross profit margin, production, coefficient of using capacity of domestic industry, whilst the market share of similar products from China, India, Indonesia and Malaysia is increasing.

The causal relationship: The dossiers of Requester proved that there is a causal relationship between dumping imported products and significant damage of domestic industry.

How to Register as Interested Parties in Anti-dumping Case?

According to Article 74 Law on foreign trade management, interested parties in the case include:

a) Overseas organizations and individuals that produce and export products under consideration to Vietnam;

b) Importers of products under consideration;

c) Foreign associations whose majority of members are organizations and individuals producing and exporting products under consideration;

d) The Government and competent authorities of the exporting country of product under consideration;

dd) Organizations and individuals that submit the application for the trade remedies;

e) Domestic producers of like products;

g) Domestic associations whose majority of members are producers of like products;

h) Other organizations and individuals that obtain legal rights and interests related to the investigated cases or facilitate the investigation or representative organizations of protection of customer rights.

Accordingly, organizations and individuals must register and be accepted by Investigating Authority to become Interested Parties in case.

Organizations and individuals can register with Investigating Authority as Interested Parties in case according to Application form for registration as interested parties and send them to Investigating Authority at the below address by the following methods: (i) Official dispatch and (ii) email within 60 working days from the day on which the decision on investigation takes effect (April 06^th, 2020).

In order to ensure their rights and interests, the investigating authority recommend that organizations and individuals that produce, import or use the investigated goods register as interested parties to exercise the right to access information, provide information and express opinions during the investigation of the case.

What Investigation Questionnaire Refers To?

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the Investigating Authority shall send the investigation questionnaire to the Interested Parties, including:

i).The applicant requests for application of anti-dumping measures;

ii).Other domestic manufacturers which Investigating Authority knows;

iii).Parties requesting for application investigation of anti-dumping measures which Investigating Authority knows;

iv).Importers of goods under investigation;

v).Diplomatic authorities of the country where the origin of goods under investigation;

vi).Other interested parties deemed necessary by the Investigating Authority.

Within 30 days after receiving the investigation question, Interested Parties must provide a written answer to all questions in the questionnaire. In case of necessity or a written request for extension with reasonable reasons from Interested Parties, the Investigating Authority may extend the time limit but it must be not more than 30 days.

Please be informed that the time limit for the anti-dumping measures imposition investigation shall be within 12 months from the day on which the decision on investigation is issued. In special case, Investigating Authority can determine other time limit for investigation but it shall not be less than 6 months.

Our competition lawyers at ANT Lawyers - law firm in Vietnam will always follow up with development from authorities to provide update to clients on anti-dumping cases.

Read More

What Procedures an Enterprise Complies on Publishing Business Information?

Provisions on announcing of business information are stipulated in the Law on Enterprise and other decrees which company has to comply as part of compliance procedures.

After being granted an enterprise registration certificate, under the Enterprise Law, an enterprise must publicly announce it on the National Business Registration Portal according to the order, procedures and pay fees as required. The application for publication of enterprise registration information is a compulsory procedure, made at the time an enterprise submits its enterprise registration dossier. Information about publication of enterprise registration information is posted on the National Business Registration Portal. The content to be published includes the contents on the enterprise registration certificate and the lines of business. In addition, for joint stock companies with foreign investors, a list of founding shareholders and foreign investors is required. In case of changes in enterprise registration contents, the corresponding changes must be publicly announced on the National Business Registration Portal.

Provisions on form, time and content of announcement are different from those in the Law on Enterprise, specifically, within a period of thirty days from the date of being granted an enterprise registration certificate, an enterprise must publish information in one of the forms posted on the business information network of the business registration agency or one of the written or electronic newspapers in three consecutive issues. The main content to be published includes: Company’s name; Address of the head office of the enterprise, branch or representative office; Lines of business; Charter capital of limited liability company and partnership company; number of shares and value of contributed capital and number of shares to be issued with joint stock company; initial investment capital for private enterprises; legal capital for enterprises conducting lines of business requiring legal capital; Full name, address, nationality, ID card number, passport or other legal personal identification number, establishment decision number or business registration code of the owner, member or shareholder foundation; Full name, permanent address, nationality, ID card number, passport number or other legal personal identification of the legal representative of the enterprise; Place of business registration.

For publication fees, according to the provisions of Circular no. 47/2019/TT-BTC stipulating the rates, collection, payment, management and use of information provision charges of enterprise information that takes effect from the date of On September 20, 2019, the enterprise registration fee and the enterprise registration content announcement fee are VND 100,000/time, instead of the VND 300,000/time as stipulated in Circular no. 215/2016/TT-BTC regulating the rates, collection, remittance, management and use of charges for provision of enterprise information and enterprise registration fees.

In addition, there are some enterprises that do not need to publish their business information on the National Business Registration Portal before going into operation, but make other forms of announcement. For example, for a law-practicing organization, within thirty days after being granted operation registration papers, law-practicing organizations must publish on daily newspapers of central or local registry of law practice or newspaper for three consecutive issues. For credit institutions, foreign bank branches, representative offices of foreign credit institutions and other foreign institutions engaged in banking activities, they must be published on the State Bank’s media, and in a daily newspaper written in 03 consecutive issues or an electronic newspaper of Vietnam at least thirty days prior to the scheduled date of operation of opening information as prescribed in Article 25 of the Law on Credit Institutions 2010.

In addition to disclosing corporate information, there is also a procedure for disclosure of information on the stock market that is applicable to public companies and bond issuers (except for government bond issuers and bonds), government-guaranteed bonds and local government bonds), securities companies, fund management companies, branches of foreign fund management companies in Vietnam, public funds. These companies and organizations must comply with the law on securities in the Securities Law announcing on the company’s website and information disclosure system of the State Securities Commission.

ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529

Read More