How do you protect your trademark around the world?

It is important to understand that a right over a trademark is a restriction on commerce. Once a trademark is granted to a market the others may not use an identical or substantially similar trademark to mark the same class of products.

 Register trademark in Vietnam

Now since trademark owners must use its trademark to keep their rights and since trademark law is regulated mostly State by State it is not possible to protect a trademark unless you really participate in all demographic markets of the world, like Coca-Cola, although there are places of the works where Coca-Cola is not sold.

There are some internal systems which allows you to protect a trademark in several countries with one registration. Nevertheless, if you don't really use that trademark in each of those countries you may end up loosing it because trademarks must be used.

Finally, keep in mind that if you want to protect your trademark globally you will need to have a good trademark protection and prosecution strategy.

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.

Source: Quora

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Legal Validity of Criminal Records Card in Vietnam

Criminal record or judicial record is a record of criminal convictions of convicted persons with criminal judgments and decisions of courts which have taken legal effect, judgment execution status and ban on individuals to hold positions or setting up company in Vietnam, or managing enterprises and cooperatives in Vietnam in cases where enterprises or cooperatives are declared bankrupt by Courts.

The competent state authority will grant individuals a criminal or judicial record card, which is issued by the department of justice or data center of judicial records to provide information whether or not an individual has any criminal record; prohibited or not prohibited from holding the position, establishing company inVietnam, managing enterprises and cooperatives in Vietnam in case the enterprise or cooperative is declared bankrupt. Within the enterprise, judicial record cards will support human resource management, business registration, establishment, management of enterprises, cooperatives … Besides, many government agencies and organizations requesting individuals to provide judicial record cards for some necessary activities i.e. criminal record requirement for employment, criminal record for work permit application, criminal record for immigration purposes. According to Clause 1, Article 44, Law on Judicial  Records 2009, there are two types of judicial record cards, including:

– Judicial record card No. 1 issued to Vietnamese citizens, foreigners who have or are residing in Vietnam to serve the purpose of human resource management, business registration, establishment, management of enterprises and cooperatives.

– Judicial record card No. 2 issued to Vietnamese citizen or foreigners whom have or are residing in Vietnam to serve the purpose of immigration, or others.

Depending on the purpose of using judicial record cards, individuals, agencies and organizations request the issuance of judicial record cards No. 1 or No. 2.

Pursuant to the Law on Judicial Records in 2009, Decree 111/2010 / ND-CP guiding the implementation of the Law on Judicial Records, the time limit for judicial record cards of Vietnam so far has not been clearly defined. Criminal record card’s time limit depend on the provisions in the documents of each relevant legal field and depending on the decision of the agency or organization that need to verify the status of judicial record of this individual.

As Articles 20, 24 and 28 of the Nationality Law of 2008, amended and supplemented in 2017, the application for admission, renunciation and return to Vietnamese nationality must have a judicial record card issued within no more than 90 days. For visa applications (VISA) at the US Embassy or the US Consulate General, the individual must have a judicial record card issued within 1 year for immigration verification.

Therefore, when individuals are required to provide judicial record cards at agencies and organizations, they must consider the regulations on the time limit that such agencies allow for judicial record cards. It is not contrary to the Law on Judicial Records in 2009, because the Law does not clearly stipulate the legal effect on two judicial record cards No. 1 and 2, as well as there are no regulations limiting the agencies and organizations to set the time limit for the criminal record cards in Vietnam.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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Vietnam Investigates and Applies Anti-Dumping Measures on Some Plastic Products from China, Thailand and Malaysia (AD07)

On April 26, 2019, the Department of Trade Protection (PVTM) – Ministry of Industry and Trade received a dossier requesting investigation and application of anti-dumping measures for some plastic products and products by Plastic is made from polymers and propylene (“Investigated Goods”) originating from the People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia. The requester in the case are representatives of the domestic manufacturing industry, including two companies: (i) Hung Nghiep Formosa Limited Liability Company; and (ii) Plastic Joint Stock Company Youl Chon Vina.

 Anti-Dumping Law Firm in Vietnam 

On August 5, 2019, the Ministry of Industry and Trade issued Decision No. 2334 / QD-BCT on conducting investigation and application of anti-dumping measures.

What is scope of investigation in anti-dumping case AD07?

The products alleged to be dumped are products made of plastic and plastic products made from propylene polymers (also called Biaxial Oriented Polypropylene film – BOPP) imported from the above countries and dumping on the Vietnam market which caused significant losses to Vietnam’s BOPP film industry under the following HS codes: 3920.20.10 and 3920.20.91.

The period of investigation to determine dumping behavior is from July 1, 2018 to June 30, 2019. The investigation period to determine the damage of domestic manufacturing industry is from July 1, 2916 until June 30, 2019.

How to determine damages and causal relation?

The alleged dumping products are considered to be the main cause of significant losses in the domestic manufacturing industry, reflected by the decline in indicators such as utilization capacity, inventory, profits and dynamic price, price pressure…

What the investigation agency require?

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 following subjects:

– The applicant submits the application for anti-dumping measures;

– Other domestic manufacturers;

– The party proposed to investigate applies anti-dumping measures;

– Importers of goods subject to investigation;

– The diplomatic mission of the country where the goods originated is investigated;

– Other stakeholders that the investigating authority deems necessary.

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 agency may extend the time limit but must not more than 30 days.

How long does the investigation will take?

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, with a possible extension up to 6 months if necessary. Interested parties could authorize law firm in Vietnam with international trade and anti-dumping specialization to respond to authorities in Vietnam.

Accordingly, after initiating the investigation, the Ministry of Industry and Trade will send the questionnaires to related parties to collect information to analyze and evaluate the alleged contents including the following acts:

+ Dumping behavior of BOPP film export enterprises of China, Thailand and Malaysia;

+ Damage of BOPP film manufacturing industry in Vietnam.

In case of necessity, from the preliminary investigation results, if found that the damage of dumping has a great impact on the domestic manufacturing industry, the Ministry of Industry and Trade may apply anti-dumping measures. The period includes import management for investigated goods, application of temporary anti-dumping duties, consultations and application of anti-dumping duties effective before.

The Ministry of Industry and Trade will conduct the verification and examine the information provided by the parties before completing the official investigation conclusion on the case. At the same time, the Ministry of Industry and Trade will also hold public consultations so that stakeholders can directly exchange, provide information and express their views on the case before making a final conclusion on the case.

Whom could respond the questionnaire and participate to cooerate?

The Ministry of Industry and Trade recommends that all organizations and individuals who are importing – exporting, distributing, trading and using goods subject to investigation be registered as a related party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law.

The Ministry of Industry and Trade may apply anti-dumping duty which is effective backward for goods subject to tax within 90 days before the application of temporary anti-dumping duty. Therefore, the Ministry of Industry and Trade recommends that organizations and individuals in the process of signing import contracts, distribution, business and use of investigated goods should pay attention to the possibility of applying anti-dumping tax. Temporary and anti-dumping taxes are effective backwards.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

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Which country does a patent process fast?

South Africa is a non-examining country, so you can get a granted patent in under a year. But, because it is so easy to obtain, the value has little weight or sway. This is especially true of the patents value outside of the granting country. i.e. For the PPH program. In such cases, the granted patent is little more than a ticket into the court room where you can then argue over questions of novelty, non-obviousness, and usefulness. (All the decision factors that delay patent granting in most other countries.)

Patent Law Firm in Vietnam 

Many countries will prosecute a patent application faster if you pay an extra fee for expedited processing, or if your patent is the subject of an infringement or other litigation issues.

I can’t think of any situation where speed of issuing should be a decision factor in patenting. There are much more important criteria. A licensed patent attorney will be able to help you develop an international protection arrangment based on your business needs and industry.

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.

Source: Quora

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Da Nang – Japan Signed a Memorandum of Establishing Cooperative Relations between Da Nang city and Kisararu city

On July 26^th, 2019, representatives of Da Nang City People’s Committee and representatives of Kisararu city, Japan signed a Memorandum of establishing cooperative relations between the two cities, to promote business and investment in Vietnam.

Set-up company in Da Nang

The content of the Memorandum include the discussion of the experience and cooperation in the investment attraction of the two cities. In addition, the parties committed to create the most favorable conditions for the investors of the parties to explore the market and invest in each city. In addition, Da Nang City pledged to regularly hold periodic local seminars to introduce investment opportunities, potentials and investment areas.

In addition, the parties are committed to supporting each other in introducing each other’s information to the businesses of the parties. The parties also proactively proposed organized Vietnam-Japan cultural exchange activities, aimed at promoting the culture and tourism of the two cities and promoting the labor exchange of the two parties. Kisarazu City will assist Da Nang City in training Japanese interpreters and the parties will make efforts to organize exchange programs for students and students to enhance mutual understanding.

Da Nang City and Kisarazu City starts to cooperate as well as sign the Memorandum in an extremely favorable time, promising to bring good results in the future. Danang wishes that in the coming time, the two cities’ Governments will cooperate more strongly in exchanges and exchange of experiences on urban management and personnel training.

It is the most favorable time for Japanese investors to invest in Da Nang. The Memorandum is the first step for Japanese investors to research the market and invest in Da Nang in the future through foreign direct investment projects to be carried out in Vietnam.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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Advantages of Registering a Trademark

Trademarks allow you to protect your company’s name, and to specify which types (classes) of goods and services your company’s trademark should be applied to. It’s important to point out that trademarks are intangible assets, and can be bought, sold or licensed.

Trademark in Vietnam 

Other Advantages of Registering a Trademark:

-It grants the right to use the registered trademark symbol: ®;

-It grants the right to file a trademark infringement lawsuit in federal court and to obtain monetary damages;

-It acts as a bar to the registration of another confusingly similar mark;

-Ability to have the customs service block the importation of goods bearing an infringing mark; 

-And, it may serve as the basis for an international trademark application.

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.

Source: Quora

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Da Nang and Austria cooperate to develop tourism and investment

In July 2019, the delegation of Danang city attended the Introduction and Promotion Program in Danang in Vienna, Austria. The delegation of Danang Promotion Agency discussed the development of tourism with Graz city (Austria) of the two cities and investment into Vietnam.

The representative of Vietnam emphasize that Danang is one of the most attractive tourist destinations in Vietnam and invited Austrian travel companies to set up travel programs to bring tourists to Vietnam and promote investment through setting up company in Danang.

During the program, the delegation worked with the City Mayor of Graz city and the representatives of Graz City Council on the promotion of the establishment of local-level cooperation between Danang and Graz. Graz city is the second largest city in Austria with a developed economy based on tourism, education and training pillars, high technology. These are also business lines that Danang City is very interested in.

The representatives of Danang city and representatives of Graz City Council have many programs to attract the tourism of both cities and wish to further develop the relations in many fields, including investment.

In the coming time, the investment cooperation of Austria and Danang city will have positive changes, this will create favorable conditions for Austrian investors to invest in Danang. Investors in the tourism and high-tech sector will be investors have many opportunities to invest in Danang in the future.

Echoing the initiative between Da Nang and Graz, Mr Tuan Nguyen of ANT Lawyers visited Vienna and Graz, Austria during the business trip between Jul 10 to Jul 12, 2019 to meet with long term European law firm partner Mr Markus Leitner of Leitner & Hirth, a law firm in Graz, Austria and together meet and discuss potential business plan with a number of Austrian clients whom are interested in expanding business to Vietnam through different forms i.e. set up company in Vietnam to distribute plug and play hydroelectric power plant or establish factory to produce sustainable non-woven bags for export, or export agricultural machinery from Austria to Vietnam, in particular:

Doro Turbine Gmbh, represented by Stefen Stein, CEO

An award-winning start-up company, based in Graz-Austria, that is developing solutions for the simple utilisation of hydropower with very low heads.  The doro-C Compact comes totally prefabricated in a 20ft standard container, which includes not just the turbine itself, but also the entire automation system as well as the electrical components.  This makes doro-C the first plug & play hydroelectric power plant, especially designed for non-experts, which are simple, reliable & affordable.

Weforyou, represented by Armin Amirpanah, CEO

-International developer, producer and consultant of biopolymers and sustainable packaging solutions with a focus on the needs of retailers and polymer processing markets.

-Produce and provide customized PLA and PLA compounds.  All weforyou’s bioplastics are 100% biodegradable, 100% compostable and 100% non-GMO.

RWA Wien AG, represented by Stefen Mariel,

-A wholesaler of agricultural products and inputs as well as energy, building materials and products for home & garden;

-A wholesaler and retailer of agricultural machinery and spare parts;

-A franchisor for building & garden centres and building materials under the Lagerhaus brand;

-A developer of high quality own brands for the Lagerhaus cooperatives;

-A service provider enabling synergies in the areas of IT, modern business organisation, marketing and legal advice.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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