ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Năm, 11 tháng 5, 2017

Opposition of Applications for Registration of the Mark Protection

How to Oppose Applications for Registration of the Mark Protection in Vietnam?
Vietnam Law on Intellectual Property allows any third party to have right to denounces the opposition of trademark applications for registration which have identical or confusingly similar signs.
As from the date an application for registration of mark is published in the Official Gazette of Industrial Property up until prior to the date of issuance of a decision on grant of a protection title, the third party shall express the opposition to the competent State administrative body including explanations, argument and evidence the opinion. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.
Opposition to trademark applications plays a great role for the protection of trademark owner that prevents counterfeiting, duplication, infringement and trademark registration in contravention of law.
Documents:
01 Power of attorney (as form)
Documents and evidences to prove the opposition bases.
(ANT Lawyers could consult client specifically and particularly about the evidences and documents).
Opposition procedures
After receiving a disapproval application for registration of mark, National Office Intellectual Property (NOIP) has a dispatch to answer the disapproval application within 10 working days from date received a dossier. NOIP also sends disapproval opinions to owners of application for registration of mark protection.
Owners of application for registration of mark protectionhas opinions about this disagreement and give proofs that the application for registration of mark protection is suitable with requirement of Intellectual Property law
NOIP is pursuant to argument, proof and regulation law of parties for agree or refuse to grant a protection title
Opposition dossier includes:
Disapproval declaration (02 copies following form)
Explanation documents for disagreement of protection title issue
Attachment proofs.
Power of attorney (if an application is filed through representative of owner’s mark)
Fee, charge vouchers relating disagreement following regulations in law.
Duration
There is no duration stipulation in Vietnamese law. As our usual, NOIP will take from 6 months to 9 months to examine.

Source: ANTLawyers.vn

Thứ Tư, 10 tháng 5, 2017

How to Handle Rejection of International Trademark Registration In Vietnam By The NOIP?

Cancellation Against of Trademark in Vietnam
The procedure to register a trademark in Vietnam is carried out at the National Office of Intellectual Property of Vietnam (NOIP). The duration calculated from the full receipt of the dossier to the announcement is at least 12 months, or it can be expended from 16 months to 18 months.

However, in many cases, NOIP could send a notice on its intended refusal of the trademark application because of the following reasons:
·         There are grounds to affirm that the subject matter stated in the application does not fully satisfy the conditions for protection;
·         If there are more than one registration applied in the same time with full conditions to issue the protection title, but your application is not the first.
After receiving the refusal intention notice, applicants and all organizations and individuals have rights to reject the notice within 02 months, this duration can be extended one time, the extended time is 02 months.
If reasons in the notice are not correct and the applicant does not agree with the notice, within the given duration, the applicant could send written comment to NOIP, in which display the applicant’s comment, submit supplemental documents and proof to support.
After receiving the written comment, NOIP shall re-examine before issue the final decision.
The time limit for re-examination of applications is equal to two thirds of the time limit for examination; for complicated cases involving many circumstances which need to be verified or requiring expert opinions, that time limit may be prolonged but must not exceed the time limit for examination. Re – examination is only carried out one time.
However, in many cases, the applicant cannot display convincing arguments or reliable proofs, that makes NOIP does not agree and keep their own intention to refuse issuing the protection title. Therefore, when receiving intention notice to refuse issuing protection titles, applicants should find legal advice from consultants who have experience in intellectual property.

Source: ANTLawyers.vn

Thứ Ba, 9 tháng 5, 2017

Registering Copyright Services in Vietnam

How to register a copyright or related rights in Vietnam?
Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.

However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.
With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:
Our services in copyright registration
o    Provision of professional opinions and advice in relation to registration of copyright and related copyright;
o    Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;
o    Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;
o    Appeal and cancellation;
o    Proceedings before the judicial authorities.
How to register a copyright or related rights in Vietnam?
Condition of copyright registration
A Work shall be registered its owner’s copyright if it does meet the following conditions:
o    The ideas of the Work shall be presented particularly in a visible material
o    The Work shall be original (Be made directly by the author without copying from any other works or people).
Required information and document
o    Original Power of Attorney (POA) from the Applicant;
o    Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …
o    Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …
o    Business registration certificate or establishment certificate (if applicant is association or organization);
o    Written promise of being ownership of the work of the applicant;
o    Some other specialized document with each specified aspect.
Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.
 Duration of copyright protection
o    The following rights are protected forever:
o    Right to give titles to their works.
o    Right to attach their real names or pseudonyms to their works; to have their real names or pseuRegistering Copyright Services in Vietnam
How to register a copyright or related rights in Vietnam?
Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.

However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.
With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:
Our services in copyright registration
o    Provision of professional opinions and advice in relation to registration of copyright and related copyright;
o    Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;
o    Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;
o    Appeal and cancellation;
o    Proceedings before the judicial authorities.
How to register a copyright or related rights in Vietnam?
Condition of copyright registration
A Work shall be registered its owner’s copyright if it does meet the following conditions:
o    The ideas of the Work shall be presented particularly in a visible material
o    The Work shall be original (Be made directly by the author without copying from any other works or people).
Required information and document
o    Original Power of Attorney (POA) from the Applicant;
o    Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …
o    Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …
o    Business registration certificate or establishment certificate (if applicant is association or organization);
o    Written promise of being ownership of the work of the applicant;
o    Some other specialized document with each specified aspect.
Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.
 Duration of copyright protection
o    The following rights are protected forever:
o    Right to give titles to their works.
o    Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.
o    Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
The following rights are protected within the stipulated duration in law
o    Right to make derivative works;
o    Right to display their works to the public;
o    Right to reproduce their works;
o    Right to distribute or import the original or copies of their works;
o    Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;
o    Right to lease the original or copies of cinematographic works and computer programs;
o    Right to reproduce their works.
The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.
Source: ANTLawyersdonyms acknowledged when their works are published or used.
o    Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
The following rights are protected within the stipulated duration in law
o    Right to make derivative works;
o    Right to display their works to the public;
o    Right to reproduce their works;
o    Right to distribute or import the original or copies of their works;
o    Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;
o    Right to lease the original or copies of cinematographic works and computer programs;
o    Right to reproduce their works.
The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.

Source: ANTLawyers

Thứ Hai, 8 tháng 5, 2017

Guidance of Representative Office Setting-up in Vietnam

Establishment of representative offices of foreign traders in Vietnam
The establishment of representative offices of foreign traders in Vietnam have to follow the procedures as guided by the Commercial Law in Vietnam and the related decrees providing instructions of the law.
Preparation of dossiers for establishment of representative offices includes:
·         An application form for License for Establishment of the representative office using the form promulgated by the Ministry of Industry and Trade and signed by a competent representative of the foreign trader.
·         Copies of the Certificate of Business Registration or equivalent documents of the foreign trader (shall be certified or legalized by overseas diplomatic missions or Consulates of Vietnam under laws of Vietnam);
·         A letter of appointment of the head of the representative office (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam);
·         Copies of audited financial statements or certificates of fulfillment of tax liabilities or financial obligations of the last fiscal year or equivalent documents as proof of existence and operation of the foreign trader issued or certified by competent authorities where such foreign trader is established (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam);
·         Copies of the passport or ID card (for Vietnamese) or copies of the passport (for foreigners) of the head of the representative office (shall be translated into Vietnamese and certified true in accordance with laws of Vietnam.);
·         Documents on the expected location of the representative office including:
Copies of memorandum of understanding or leasing agreements or documents as proof of the right to use a location as the representative office;
Copies of documents on the expected location of the representative office.
Procedures for granting of Licenses for Establishment of representative offices:
·         Foreign traders submit applications directly or via post or online (if applicable) to the Department of Industry and Trade of the locality where the representative office is to be located.
·         Within 03 working days from the date of receipt of the dossier, the Department of Industry and Trade shall examine and request the supplement if the dossier is incomplete and invalid. Requests for additional records are made at most once during the processing of applications.
·         Except for the establishment of a representative office have to submit for directions of the relevant Ministry of Industry, within 07 working days from the date of receipt of a complete and valid application the Department of Industry and Trade shall grant or refuse to grant a license for establish a representative office for foreign trader. In case of refusal, the reasons must be clearly stated in writing.
·         Where the establishment of a Representative Office is subject to the approval of the relevant Minister or the Head of the ministerial level agency and the establishment of a Representative Office not yet stipulated in the normative document. The Department of Industry and Trade shall send a written request for directions to the specialized management ministry within 03 working days from the date of receipt of a complete and valid dossier. Within 05 working days from the date of receipt of the written request for the directions of the Department of Industry and Trade, the specialized management ministry shall issue a written statement stating its consent or refusal to grant a license for the establishment of the representative office. Within 5 working days after receiving the opinions of the specialized managing ministries, the provincial / municipal Industry and Trade Services shall grant or refuse to grant permits for the establishment of representative offices to foreign traders. In case of non-licensing, the reasons therefor must be clearly stated in writing.
In addition, for certain special cases managed by the specialized management ministry, the licensing of representative offices is carried out in accordance with the specific regulations.
Our lawyers in Vietnam constantly follow up with changes of law to provide the client with update for better decision making process.
Source: ANTLawyers.vn



Thứ Năm, 4 tháng 5, 2017

Renewal of License for the Establishment of Branches Office in Vietnam

How to extend branch license in Vietnam?

The extension of the license for the establishment of a foreign trader’s branch in Vietnam shall be following the regulation of the commercial law and the relevant guiding decrees and circulars under Vietnam laws.

Preparation of dossiers for extension of license for the establishment of branches includes:
  • Application for extension of license for the establishment of branches, made according to the form set by the Ministry of Industry and Trade, signed by a competent representative of the foreign trader;
  • A copy of the business registration certificate or equivalent paper of the foreign trader that is translated into Vietnamese and certified by a Vietnamese diplomatic mission or consulate abroad consular legalization in accordance with the law of Vietnam;
  • Copies of audited financial statements or documents certifying the fulfillment of tax or financial obligations in the latest fiscal year or papers of equivalent value issued by competent agencies or organizations (where the foreign trader established) to prove the existence and operation of the foreign trader in the latest financial year, it must be translated into Vietnamese and authenticated in accordance with the provisions of Vietnamese law;
  • A copy of the license for the establishment of the branch.
The order and procedures for extension of the license for the establishment of the branch at a competent agency shall be as follows:
  • A dossier for extension of the license for the establishment of the branch must be submitted within 30 days at the latest before the license expires;
  • Foreign traders submit applications directly or via post or online (if applicable) to the Ministry of Industry and Trade;
  • Within 03 working days from the date of receipt of the dossier, the Ministry of Industry and Trade shall check and request the supplement if the dossier is incomplete and invalid. Requests for supplementary records are made at most once during the process of processing applications;
  • Within 05 working days from the date of receipt of the complete and valid dossier, the Ministry of Industry and Trade shall renew the branch establishment permit. In case of non-renewal, the reasons therefor must be clearly stated in writing;
  • In case the extension of the license for the establishment of the branch is not governed in specialized legal documents, the Ministry of Industry and Trade shall send a written request for comment to the specialized management ministry within 03 working days from the date of receipt of a complete and valid file. Within 5 working days from the date of receiving the Ministry of Industry and Trade’s written request, the specialized managing ministries shall clearly state whether they agree or disagree with the license extension. Within 5 working days after receiving the opinions of the specialized management ministry, the Ministry of Industry and Trade shall extend or not extend the branch establishment permit to the foreign trader. In case of non-renewal, the reasons therefor must be clearly stated in writing;
  • Within 15 days from the date of extension of the license for the establishment of the branch, the Ministry of Industry and Trade shall publish on the website of the Ministry.
Our lawyers in Vietnam constantly follow up with changes of law to provide the client with update for better decision making process.
 Source: ANTLawyers.vn


Thứ Tư, 3 tháng 5, 2017

Brazil started to apply anti-dumping tax on goods from Vietnam

On April 24th, 2017, the Brazilian investigation authority decided to initiate an investigation to verify the existence of dumping, injury and a causal link between them in the imports of seamless stainless steel tubes imported from Malaysia, Thailand and Vietnam

Investigated products are seamless stainless steel tubes with diameter equal or higher than 6mm and not higher than 2.032 mm and thickness equal or higher than 0.40 mm and not higher than 12.70 mm, classified as HS code: 7306.40.00 and 7306.90.20 on the Common Nomenclature of MERCOSUR – NCM, from Malaysia, Thailand and Vietnam.
Plaintiffs are Aperam Inox Tubos Brasil Ltda. and Marcegaglia do Brasil Ltda.
The alleged dumping margin with Vietnam is 18.0%, Malaysia is 26.4% and Thailand is 19.1%
The Period of Investigation is from October 2015 to September 2016 and the injury period is from October 2011 to September 2016.
The time duration for concerned parties to answer and submit the questionnaire is 30 days since the date of receiving (this duration shall be extended but not exceeding 30 days).  Concerned parties shall have 20 days to register to join the investigation i.e. May 15th, 2017.

All concerned parties shall have 70 days to submit comments about using alternative country for normal value calculation, by Jul 3rd, 2017.

If concerned parties have legal representative, the representative shall be allowed within 91 days since the initiation of the investigation, by Jul 24th, 2017.

To ensure the rights and benefits, the concerned parties are suggested to join and submit the questionnaire fully and find the support from experienced anti-dumping law firm and lawyers in Vietnam and Brazil.

Our lawyers in Vietnam constantly follow up with changes of law to provide the client with update for better decision making process.
Source: ANTLawyers.vn


How To Conduct Legal Due Diligence for M&A in Vietnam?

Legal Due Diligence help management make better investment decision in Vietnam
Mergers and Acquisitions (M&A) has become popular in Vietnam as the country develops and more investors are eager to invest and gain control of the business enough to engage in, decide important business matters through partial or full ownership of an enterprise.  A successful M&A mean the parties achieve their financial and commercial goals (increasing capital, raising management capacity, branding, etc) and ensuring safety and restraint the risk at the lowest level, though legal due diligence undertaken by law firm in Vietnam.

The Importance of Legal Due Diligence of Enterprise in M&A activities
Legal due diligence of enterprises focuses on full and detailed assessment of legal issues relating to the legal entity, capital contribution status, shareholder status, legal rights and obligations. From the investigation information, the parties can anticipate legal risks, assess opportunities to come up with alternatives. In addition, legal assessments help parties evaluate the reliability of their counterparts as well as understand their advantages and constraints for the negotiation process.
What Legal Due Diligence in M&A Activities Entail?
  • Evaluate the factors related to the legal status and capacity of the target enterprise: Review the legitimacy of the establishment, operation, possession of enterprise; ensure that the enterprise is not subject to procedures for dissolution or bankruptcy and compliance with the law of the enterprise in the course of operation. The information to be checked includes: dossiers, certificate of enterprise establishment, operation licenses, practice certificates, professional liability insurance, company charter, agreement between the company owner on rights of shareholders, capital contributors, minutes of meetings, member/shareholder register, certificate of capital contribution.
  • Evaluate the factors related to the business and financial activities of the target enterprise: Review the system of customers and partners of the enterprise; the documents on economic contracts (with customers, suppliers, etc); dossier of investment, construction, land, project; information on guarantee, mortgage (if any), debt and credit agreement, M&A, financial leasing contract, exclusive contract, franchise, etc, in terms of value, legality, validity, progress to evaluate legal risks in the future. Review the financial statements on the accuracy of the financial status of the business.
  • Verify the factors related to labor: Review labor contracts, labor agreements, internal labor regulations to determine the enterprise’s financial obligations to employees, compliance Labor law and reception of labor after the purchase or sale.
  • Verify the factors related to intellectual property: Review intellectual property rights of enterprises including: trademarks, trade names, industrial designs, layout designs, business secrets, etc; the property has granted the patent/license. Review matters of infringement of intellectual property rights of other organizations, individuals or legal persons in order to anticipate the risks of being sued or claiming damages.

In addition, in an M&A deal, the acquirer should ensure that participation in capital contribution or acquisition of the target enterprise is permitted, the form of M&A implementation is in accordance with the law and the M&A deal was approved by the competent authority of each party. After that, the factors related to M&A transaction procedures and constraints and restrictions of law (if any) must be evaluated.
Our lawyers in Vietnam constantly follow up with changes of law to provide the client with update for better decision making process.
Source: ANTLawyers.vn