Nokia, Apple bury hatchet in patent dispute

It's an upgrade in the relationship between two companies.

Nokia and Apple said Tuesday they were burying the hatchet in a bitter patent dispute with a cooperation agreement and an undisclosed cash payment by the U.S. tech giant to the Finnish group.

By settling their ongoing intellectual propertydispute, the two companies would "move the relationship... from being adversaries in court to business partners," Nokia's chief legal officer Maria Varsellona said.

Following years of clashes, Nokia and Apple originally signed a licensing agreement in 2011.

But last December, the Finnish group, once the world's top mobile phone maker, complained that Apple was using Nokia technology in many products without paying for it. And it filed lawsuits in Germany and in the United States.

Concretely, the dispute concerned 32 patents for innovations related to displays, user interface, software, antennae, chipsets and video coding.

The deal reached on Tuesday would put the two companies' relationship back on an even keel, with Nokia providing "certain network infrastructure products and services to Apple," the statement said.

Apple would "resume carrying Nokia digital health products (formerly under the Withings brand) in Apple retail and online stores, and Apple and Nokia are exploring future collaboration in digital health initiatives," it continued.

"Regular summits between top Nokia and Apple executives will ensure that the relationship works effectively and to the benefit of both parties and their customers."

Apple's chief operating officer Jeff Williams said the U.S. giant was "pleased with this resolution of our dispute and we look forward to expanding our business relationship with Nokia."

The two sides did not disclose the financial details of the deal.

But Nokia would receive "additional revenues during the term of the agreement," the Finnish group said.

The up-front cash payment would allow Nokia to "provide a comprehensive update of its capital structure optimisation programme," a restructuring plan launched in late 2015, which may now be lighter thanks to the payment by Apple.

Nokia's shares were showing a gain of more than seven percent stake on the Helsinki Stock Exchange at around 10:00 GMT, while the overall market was up by just 0.8 percent.

Source: e.vnexpress.net

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Procedure of extending mark certificate in Vietnam

Time Limit of Trademark Protection Extension

As regulation of law on intellectual property, the mark, trademark or service mark, is one of protected subjects of industrial property right. However, to be protected by law, the owner of mark shall apply protection registration dossier to competent authority prior. When the owner registers and is granted a certificate of registered mark, the owner shall have the exclusive right to label the product, service or both, right to allow others to use the mark throughout mark license contracts, right to assign the mark ownership and right to prevent breaching action from any third party.

 

Register trademark in Vietnam

However, a certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date. When the validity terminates, in order to continue being the owner of mark, the owner of Certificate shall implement the procedure of extending the protection validity of the certificate. It is important that the owner has to be aware of the time to apply dossier for a certificate extension in accordance with the law.

As regulation of law, time limit of extending mark certificate is prior or after six (06) months from the expiration date of mark certificate. If the extension is applied prior 06 months since the expiration date, the owner shall pay extension fee. If the extension is applied after 06 months since the expiration date, the owner shall pay extension fee and fine for late payment as month.

Procedure of extending mark certificate:

·        Application form (as template);

·        Original Mark Certificate (if any);

·        Power of Attorney (POA);

·        Payment voucher.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in extending your trademark or service mark or both in Vietnam.

If you are looking for an experienced IP services in Vietnam to help you with your IP application, you should visit ANTLawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your IP.

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The Benefit from Protecting Invention Patent

How to Register invention in Vietnam?

Invention protection shall bring advantages for the owner of invention including the usage and application within the duration of 20 years. As Law on intellectual property of Vietnam, an invention patent shall be valid from the grant date until the end of twenty (20) years after the filing date.

Besides, Invention patent can bring its owner the followings:

The steady position on the market: with the invention patent, the owner of the invention shall have rights to prevent others from using their invention with commercial purpose. This will reduce the competitive capacity of competitors and bring preferred position for the owner.

Right to sell and license the invention: in case owners of inventions cannot use their invention by themself, they can sell or license the use of their inventions to other people or companies. They can license only the right of use and sell all of their inventions. This does not only bring them a lot benefits but also avoid risks because of the competition on the market.

When your inventions have been commercialized and got the significant position on the market, other companies or people might tend to copy and use your invention illegally or sell other products which are similar to yours. If your inventions were not properly registered at competent authority, the competitors and violators can use your inventions without breaching of law.

Therefore, it is essential to register a new invention to protect the owner’s rights to avoid unfair competition on the market.

Source: ANTLawyers.vn

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Procedure of Invention Registration in Vietnam

How to Register Patent in Vietnam?

Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws. Each invention is the result of a serious, painstaking work-study process by the inventor. However, right of industrial property shall only be established by the registration procedure, and the scope of protection is defined in the patent. Therefore, without prior registration at governmental competent authorities, right of industrial property could be violated.

With highly professional staff and great experience in IP aspect, ANT Lawyers would like to support you in registering patent in Vietnam as follow:

Required information

·         Title of invention/ utility solution;

·         Name, address and nationality of the applicant (s);

·         Name, address and nationality of the investor (s);

·         Information of priority document: Nation, number of applications and dossiers for priority right;

·         International dossiers/ or publication (if any).

Document

For dossiers applied as national application

·         01 original Power of Attorney – POA (No need for notarization). The Copy of POA shall be accepted for filling but the original shall be submitted within 03 months since the date of filling.

·          02 copies of an invention description. An invention description must consist of the section of invention description and the invention protection coverage;

·         02 Drawings, photos or description (if any);

·         01 notarized copy of document to prove prior right (only for dossiers have prior right under the Paris Convention). The document shall be submitted within 03 months since the date of filling.

For dossiers applied as PCT application.

·         03 English declaration for registration originating in Vietnam

·          02 copies of an invention description (including images, if any);

·         02 written request of protection;

·         Related documents (if any);

Dossiers can be submitted at National Office of Intellectual property or International Office or sent via post office.

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Transfer of Investment Projects in Vietnam

What steps to be taken to transfer an Investment Project in Vietnam?

Under the current Law on Investment, investors are entitled to transfer part or all of the project to another investor when satisfied the specific conditions and conducting to procedure of project adjustment under the regulation of law.

The conditions of project transfer

·         The project is not terminated in the cases as prescribed in Clause 1 Article 48 of Law on investment;

·         Investment conditions applied to foreign investors are satisfied in case the foreign investor receives a project of investment in conditional business lines;

·         Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;

·         Conditions in the Certificate of investment registration or relevant regulations of law are complied with.

Preparation of dossier

·         A written request for permission for project adjustments;

·         A report on the project’s progress up to the time of transfer;

·         The project transfer contractor an other document with equivalent legal value;

·         Copies of the ID card or passport (if the investor is an individual) or Certificate of Enterprise Registration or another document with equivalent legal value (if the investor is an organization);

·         Copies of the Investment Registration Certificateor decision on investment guidelines (if any);

·         Copies of the BCC contract (for BCC projects);

·         Copies of one of the following documents of the transferee: financial statements of the last 02 years; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of transferee’s financial capacity, documents describing the transferee’s financial capacity;

Order and procedure

·         Investors submit the dossier at Department of Planning and Investment (or Management of Economic Zone or High-tech Zone);

·         Within a period of 10 working days from the date of receipt the complete and valid dossier for an investment project operating under an investment license and not subject to decision of investment policy (or 28 working days from the date of receipt the complete and valid dossier for an investment project which is subject to investment decision of the provincial People’s Committee; 47 working days from the date of receipt the complete and valid dossier for the investment project subject to the decision of the Prime Minister), the competent authorities consider and decide to adjust the investment registration certificate to the investor transferring the project.

Before transferring an investment project, investors need to evaluate the legal situation, apart from the financial, personnel, and other key issues of the project, which are subject of the transfer. Therefore, to ensure effective transfer, investors often engage law firms with highly qualified lawyers in Vietnam to conduct M&A legal due diligence related to the legal documentation of the owner, capital contribution of the shareholder or member, tangible assets (land use rights, plant and machinery, equipment, etc.) and invisible assets (including industrial property rights), licenses, contracts or transactions of great value, taxes and other legal risks such as litigation or disputes which could significantly impact the project..

The transfer of an investment project is an administrative procedure with a state agencies that is only smooth when the parties reached agreements. In fact, the transfer of the investment project’s timeline depends on the appraisal and evaluation process of the parties involved in the project.

Source: ANTLawyers.vn 

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Conditional Investment Sectors and Investment Conditions in Vietnam

When setting up a trading company in Vietnam, beside other conditions, the foreign investors have to prove experience in trading area.  Areas such as banking, financial services, real estate, security services will require minimum investment. Foreign investment lawyers should be consulted for advice on investment licensing matters.

In general, foreign investors making investment in Vietnam are encouraged.  However, there are areas although not prohibited, but are “conditional” areas including the project could affect national defense, security, social order and safety; finance and banking; field that affect public health; culture, information, press, publishing; entertainment services; the real estate business; prospecting, exploring and exploiting of natural resources, ecological projects and the environment; education and training, and professional services i.e. legal, accounting, tax…

The conditions required by Vietnam laws on investment toward the foreign investors are business requirements that the investor must meet after the incorporation of the company, not as a condition for receiving the investment license. However, in the case of a foreign investor applies for an investment license for a new project, the law requires that all business conditions must be satisfied before the grant of the investment license.

Conditions that the foreign investors have to meet when investing in conditional business could be related to the forms of the investment, the nationality of foreign investors, the professional expertise of the investor, the scale of investment projects, type of goods and services, time implementation of investment projects.

Source: ANTLawyers.vn

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How to Terminate Representative Office in Vietnam?

Termination of operation of representative offices of foreign trader in Vietnam

Foreign Traders wishing to terminate the operation of representative office in Vietnam need to complete the procedure at Tax authorities, the Provincial Department of Industry and Trade and the procedure to return the seal at the police.

Pursuant to the provisions of the Vietnam laws, the termination of operation of representative offices of foreign traders in Vietnam at the Provincial Department of Industry and Trade shall be conducted as follows:

Preparation of dossiers for termination of operation of representative offices includes:

• Notice of termination of operation of the representative office, made according to the form set by the Ministry of Industry and Trade, signed by the competent representative of the foreign trader.
• List of creditors and unpaid debts, including tax debts and social insurance premiums;
• List of employees and their respective current interests;
• Original License for establishment of representative office.
• Documents evidencing that the representative office has fulfilled all tax and financial obligations to the State of Vietnam

The order and procedures for termination of operation of representative offices at competent agencies shall be as follows:

• The foreign trader submits a dossier for termination of operation of the representative office directly or via post or online (if applicable) to the Provincial Department of Industry and Trade (or the Management Board of Industrial parks, export processing zones, economic zones and hi-tech parks) where the representative office is licensed.
• Within three working days from the date of receipt of the file, the competent authority shall examine 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 a time-limit of five (05) working days from the date of receipt of a complete and valid file, the competent authority shall be responsible to publish on its website the termination of operation of the representative office.
• Foreign traders shall publicly post up the termination of their operation at the representative office.

Foreign traders whose representative offices have terminated of operation shall be responsible for performing contracts, paying debts, including tax debts and settling lawful interests for laborers who have worked at the representative office in accordance with the laws.

Source: ANTLawyers

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