What are the disadvantages of getting a patent, if any?

There are many advantages to patenting your inventions. You are granted a monopoly on your invention by the government in your jurisdiction for a known period of time.

You can license it to others and collect licensing fees and royalties.

You may also use it as a trading card with a competitor, e.g., licensing your patent to a competitor, and in return, obtaining licensing rights to a patent that is owned by the competitor. It is a very common practice used by large companies to avoid expensive infringement lawsuits.

Patent Law Firm in Vietnam

You can use it in a public relations campaign to position your company as an innovator.

However A patent is published for everybody to see and learn how you have implemented your invention. This is the only disadvantage that I see. Anybody can implement your invention, after its publication, without telling you about it. Proving infringement is a very expensive and time consuming process.

If you wish to keep your invention confidential for ever, don’t file a patent. Treat it as a trade secret by making sure to take adequate steps to always keep it confidential like Coca-Cola keeps it formula secret. The Secret Of Trade Secret Success

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What is intellectual property act?

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.

IP Services in Vietnam

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).

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Property Liability of Husband and Wife in the Marriage Period

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.

Family dispute lawyers in Vietnam

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.

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

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.

Register patent in Vietnam

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, …

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

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.

 Copyright in Vietnam

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.

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How do I make a secure copyright image?

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

Copyright in Vietnam 

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.

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

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.

International Trade Law Firm in Vietnam

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.

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When is Bank Guarantee Obligations Terminated?

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 in Vietnam

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.

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Why aren't startup business models protected by copyrights?

There is no law that can automatically grant protection to a business idea or a business model.

Why? The Laws of Intellectual Property do not protect ideas, rather, they protect the individual expression of their ideas. Given the right to freedom of expression no law has the power to restrict or override such fundamental right. This means that someone can copy or make a variation of your original business idea.

IP Services in Vietnam

How can I protect my business idea?

One of the simplest ways of safeguarding your business model is to keep it private. You can simply sign a Non-disclosure Agreement ( NDA) with your business partner or investors to ensure that there is no information leak. Alternatively, you may sign a non-compete agreement with your co-founders or employees which will prevent them from operating in a competing manner or develop competing products upon termination of their employment with your business.

To make things clear. There are four main types of Intellectual Property that can be legally protected.

Copyrights : protect creative works where one can show sufficient individual input

Industrial Designs : protects the ornamental or aesthetic aspect of a physical item

Trademarks : protect commercial brand name logo, images, slogans that distinguish your business from other businesses

Patents : protect original inventions that are available for commercial use

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What Are Rights and Benefits of the Employee Suffering the Occupational Accident?

Accidents can happen at any time at work. Whether a workplace accident is the result of employee carelessness or employer negligence, employers must take responsibility for accidents to employee.

Labour Accident Lawyers in Vietnam

Vietnam Labor Code defines occupational accident is an accident that causes injury to any part and function of the body or death to employee occurring during the working process associated with the implementation of work and labor tasks (according to Article 142 of Labour Code).

The employee has following rights when they suffer accidents:

1. The employee is paid all the payment of the co-payment costs and the costs not included under the list paid by the health insurance for the employee participating in health insurance and making full payment of all medical expenses from the first aid, emergency to the stable treatment for the employees not participating in health insurance.

2. The employee is entitled to full payment of salary under the labor contract to the employee suffering the occupational accident and having to take leave during treatment.

3. The employee participating in compulsory social insurance is entitled to enjoy the regime of occupational accident in accordance with the Law on Social Insurance.

The conditional to enjoy the regime of occupational accident: were injured in workplace or during working hours; outside the place of work or during working hours when performing work at the duty of the employer; on the road from home to work place and vice versa.

4. The employee is entitled to the enjoy labor accident allowance as:

. The employee with occupational accidents reduces working capacity from 5% to 30% are paid once.
The employee with occupational accidents reduces working capacity 5% receive an allowance of an amount equal to 5 month’ salary under labor contract and then every 1% increase has an addition of 0.5 month’ salary.
.The employee with occupational accidents reduces working capacity 31% or more receive an allowance at rate: reduce working capacity 30% shall receive 30% month’ salary under labor contract and then every 1% increase has an addition of 2% month’ salary
This allowance is paid every month.

. The death of the employee’s relative from the occupational accidents receive at least 36 months’ salary under labor contract.

5. The employee with occupational accidents not due to the fault of employee and reduce working capacity from 5% or more shall be compensated by the employer at the following rate:
. At least equal to 1.5 month’ salary under the labor contract if the employee is reduced from 5.0% to 10% of his working capacity and then every 1.0% increase, an addition of 0.4 months of salary under the labor contract if reduced working capacity from 11% to 80%;
. At least 30 months’ salary under labor contract for the employee reduced his working capacity from 81% or more or for the death of the employee’s relative from the occupational accidents.

6.Where due to the fault of the employee, he/she also receives an allowance of an amount at least equal to 40% of the rate prescribed when fault not belong to the employee.

7. In case the employee reduces his/her working capacity in temporary, the employee receives100%-month salary under labor contract the first aid, emergency to the stable treatment or until a permanent injury certificate is issued.

8. In case the employee reduces his working capacity in permanent, beside allowance of accidents, the employee reduces his/her working capacity from 81% or more receive 100% month’ salary under labor contract every month.

9. In the case of death of a worker who has paid social insurance for 15 years, relatives will receive a funeral allowance and dependents will be entitled to a minimum of 50% of the basic salary for each person.

10. In case of the employee’s death and had participated in compulsory social insurance for less than 15 years, the burial attendants receive allowance at least 10 months’ salary under labor contract at once.

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What International Laws in International Trade Vietnam is a Signing Party to?

International trade is important for each country to grow economically and influence through exchanging products and services, utilizing resources that create competitive advantage over others.  In order to enable international trade, Vietnam has been a signing party to a number of international laws, international conventions, free trade agreements.

International Trade Lawyers in Vietnam

Up to present, Vietnam is a signing party to the:

·         UN Convention on Contracts for the International Sale of Goods 1980 (CISG);

·         The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP);

·         The Association of Southeast Asian Nations (ASEAN) 1967;

Vietnam is also the signing party to a number of the Free Trade Agreements:

·         ASEAN Free Trade Area 1992;

·         ASEAN Trade in Goods Agreement (ATIGA);

·         ASEAN Framework Agreement on Services (AFAS);

·         ASEAN Protocol on Enhanced Dispute Settlement Mechanism;

·         ASEAN-China Free Trade Area 2002;

·         ASEAN-India Free Trade Area 2003;

·         ASEAN-Japan Free Trade Area 2003;

·         ASEAN-Korea Free Trade Area 2005;

·         Vietnam – Japan economic Partnership Agreement 2008;

·         ASEAN-Australia-New Zealand Free Trade Agreement 2009;

·         Vietnam – Chile Free Trade Area 2011;

·         Vietnam – Korea Free Trade Area 2015;

·         Eurasian Economic Union 2015

·         ASEAN – Hong Kong free Trade Area 2017 (signed on 12/11/2017, Scheduled to be effective from 1 January 2019)

·         Agreements in WTO accession:

Annex 1A    Multilateral agreements on trade in goods

·         General Agreement on Tariffs and Trade 1994

·         Agreement on agriculture

·         Agreement on the application of sanitary and phytosanitary measures

·         Agreement on textiles and clothing

·         Agreement on technical barriers to trade

·         Agreement on trade-related investment measures

·         Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade 1994

·         Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade 1994

·         Agreement on pre-shipment inspection

·         Agreement on rules of origin

·         Agreement on import licensing procedures

·         Agreement on subsidies and countervailing measures

·         Agreement on safeguards

·         Trade Facilitation Agreement

Annex 1B   General Agreement on Trade in Services

Annex 1C   Agreement on trade-related aspects of intellectual property rights

Until Sep 2018, Vietnam has been accelerating preparations for meeting commitments in EU-Vietnam Free Trade Agreement (EVFTA).  It has been expected the EVFTA to be passed in the year of 2019, promoting Vietnam’s sustainable development through removing 99% of tariffs on goods traded between the two economies, expanding Vietnam’s textile, apparel export to the EU market.  In return, the EVFTA will open Vietnamese market for EU companies and strengthen the protection of its investment into Vietnam.

ANT Lawyers law firm is a member of legal secretary of EuroCham in Hanoi, Vietnam, and has been a contribution to the legal review that support the investment into Vietnam.  ANT Lawyers will be sending Mr Tuan Nguyen, the Managing Partner to take part in the EuroCham delegation visit in Brussels Mission in October 2018, with the main goal is to promote the fast conclusion of the EU-Vietnam Free Trade Agreement process, raise awareness as to the potential of Vietnam as a strategic partner for Europe, and deliver the views of the European business community in the country.

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Anti-dumping measures under Vietnam laws

Vietnam joined the WTO, signed various types of trade agreements, and step by step eliminated tariff and non-tariff barriers, and accelerated the process of integration and development of Vietnam. The Foreign Trade Administration Act of 2017, which regulates trade remedies, has also terminated the effect of the Ordinance on Anti-dumping of Imported Goods in 2004.

WTO law firm in Vietnam

According to the Law on Foreign Trade Management, Decree 10/2018 / ND-CP, anti-dumping measures against goods imported into Vietnam is a measure applied in cases where the goods are identified dumping when imported into Vietnam causes substantial injury or threatens to cause material injury to a domestic industry or prevents the formation of a domestic manufacturing industry. A commodity is determined to be dumping when it is compared to the following conditions: the selling price in Vietnam is lower than the normal price. The usual price determination is regulated by the Law on Foreign Trade Management in three ways: the price of the like goods at exporter, the price of the like goods in the third country under normal commercial conditions or the price determined by the investigating agency by the method of self-calculation.

For the application of anti-dumping measures, the “sale price” factor is not sufficient, but must fully satisfy the conditions prescribed by law. Accordingly, the dumping measure is applied when the dumping margin is over 2%; the domestic industry suffered material injury or threatened to cause material injury; there is a fruitful relationship between the importation of goods selling prices and the domestic production. With the margin of dumping below 2%, anti-dumping measures are not applicable.

The application of anti-dumping measures is considered as a way of healthy competition of enterprises. Domestic enterprises may request the competent agencies to apply this measure when they find that they fully satisfy the conditions on quantity and volume of goods related to their selling prices and the proportion of goods that they sell on the market devaluation (at least 25%). On the basis of the conclusions of the investigation, the anti-dumping tax shall be applied for not more than 5 years or the measures for elimination of dumping at the request of the domestic enterprises if they are approved by Vietnam Competition Authority, the investigation bodies.

An anti-dumping duty shall apply retroactively prior to the decision of the Minister of Industry and Trade. Anti-dumping duty shall be retroactively applied to imported goods for a period of 90 days before the imposition of provisional anti-dumping duty if the imported goods are found to be dumped.

Therefore, anti-dumping measures are a way to protect the domestic industry and at the same time create a healthy competition between foreign enterprises and Vietnamese enterprises. At the same time, respect for international commitments, trade agreements that Vietnam signed when joining the WTO.

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