On November 14th and 15th,
2017, European Chamber of Commerce in Vietnam held a seminar for
representatives from businesses and law firms “IP considerations inTechnology Transfer to Vietnam and
South-East Asia”.
The seminar provides some sound advice
relating to IP Considerations & Practical Tips for Successful Technology
Transfer in Vietnam. Further, audience could learn some ways to minimize risk
of IP issues associated with Technology Transfer in South-East Asia.
According to Law on
Technology Transfer 2017, which shall take effect as of July 01st,
2018, Vietnam government ensures rights as well as legal interests and
facilitates both organizations and individuals in carrying out technology
transfer to Vietnam. However, to take advantage of such policy when
contemplating transferring technology to Vietnam, you should Evaluate
IP Value & Risk of IP infringements through the following tips:
· Check
availability of use or protection status of IP objects
· Perform
IP clearance search and market research
· Check
and maintain validity of IPRs
· Use
local IP agents as watchdogs of your IPRs (advice/strategy)
· Use
NDA (Non-Disclosure Agreement)
· Check
registration of IP objects with cautious consideration in the consistence of
all material (contract and records by local authorities- NOIP)
· Sign
Transferring technology contract or Assignment of IPRs/ License of IPRs
separately toward each IP objects
Besides, there are some contractual issues
to pay attention to such as:
· What
are conditions of use?
· Structure
of fees for License,
· How
to terminate?
· What
happens with the goods/ materials/ equipment after termination?
· How
to avoid risk of technology usage after termination.
Multinational and global companies are
always facing with challenges in devising creative solutions to minimize the risks
to their IPRs associated with technology transfers. Careful evaluation and due
diligence at the first stage of the transferring technology project help
companies prevent unwilling suffer and unfair competition.
ANT Lawyers Co., Ltd is a law firm with IP
agent certificate issued by National Office of Intellectual
Property. We are also member of legal committee of EuroCham which
help contribute legal opinions to promote the development of investment
environment in Vietnam.
Tuan Nguyen and Thao Hoang @ ANT Lawyers
How ANT Lawyers Could Help Your
Business?
Please click here to learn more about ANT Lawyers IP Practice or
contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32
23 27 71