How do copyrights, trademarks and patents differ?

The US Constitution gives US Congress the power to issue intellectual property rights to “promote the progress of sciences and arts.” So, copyrights, trademarks and patents are a means to reach that end. Each has a distinct function and varying requirements, but the main idea is to protect overall innovation and the flow of ideas. Here’s a breakdown:

Copyrights: The purpose of a copyright is to protect an author’s expression of ideas. The key is that it is the actual expression that is protected here rather than the underlying idea. Copyrights are generally used for things like books or plays or any type of art really. The author has the exclusive right to copy and reproduce the work so a copyright will be infringed by any unauthorized copying of the work. A copyright will attach as soon as an author fixes a work in a tangible medium, meaning as soon it is written down, it can not be copied.

Trademarks: The purpose of trademark protection is to protect a company’s name or logo from infringement by competitors. Basically, a protected trademark will give a company the exclusive right to use a certain “mark” in the marketplace. The “mark” can be a name, logo, or phrase, etc. The idea is that your name and logo should stand for what your company stands for and if a competitor can come in and use your logo, then they will be able to free-ride off of the goodwill that you have built up in the marketplace. The protection of a trademark is sometimes limited by region or industry or in some cases it can be international, but in general will be limited by the scope of your use.

Patents: A patent is issued to protect an invention. The invention can be any new and useful product or process or an improvement on an existing product or process. The requirements for a patent are probably the most strict because it provides the inventor the most powerful rights, allowing the inventor to exclude use of the invention by others without payment. A patent will give the inventor a limited monopoly on the invention so you really have to prove that you deserve it before it will be granted by the US PTO.

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.

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Danang Attract Investment in Tourism-related Service

Danang City always fulfills its goal of developing into a tourist city, so tourism support activities are always prioritized for development. With the above advantages, Danang is the destination of many domestic and foreign investors to develop hospitality real estate, tourist services and tourism-related services i.e. retail of food and beverage…

Set-up company in Da Nang

In 2018, Da Nang received over 7.6 million domestic and international visitors. Beside My Khe beach, Pham Van Dong beach, Ba Na Hills, Monkey mountain, … the city is also known as a place to host many major festivals. For many years, Da Nang has been chosen as the city where the international fireworks competition is held every year, attracting many visitors. In addition, traditional festivals such as Quan The Am festival, International Food Festival, Cau Ngu Festival, Festival Street, Bai Choi music… attract a large number of tourists to visit Danang.

Although there are many business locations for tourism-related service, Da Nang still lacks service businesses to serve the growing number of tourists to the city.

For foreign investors, tourism-related services such as accommodation services, food and beverage services are the business lines which Vietnamese committed to allowing foreign investors can make investments with 100% foreign capital in Vietnam. These industries do not require investors to spend significant capital, but still could bring high economic efficiency. Investors who take advantage of opportunities and investments today would enjoy high business performance in the future.

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 covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

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Can you trademark your business without a lawyer?

You don’t need a lawyer to trademark your business, but you must become competent to do the following:

Trademark in Vietnam 

-Complete a due diligence search to make sure that you (and only you) have the right to use the trademark or service mark;

-Determine if you should file a registration for the mark as a federal mark before the USPTO or a state mark with your secretary of state;

-Determine the international class or classes that you should include in your application for registration;

-Describe the goods and services that you are providing according to the international class or classes; and

-Complete the paperwork or electronic filing for the application for registration with the appropriate agency.

If you are or can become competent to do each of these, then you don’t need a lawyer to trademark your business and/or the offerings provided by your business.

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.

We assist our clients in all steps of the prosecution phase of IP management. 

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Possible Anti-dumping Investigation on Biaxial Oriented Polypropylene (BOPP) Film Products

According to Trade Remedies Authority of Vietnam (Ministry of Industry and Trade), they received the dossier on the request of investigation of applying the use anti-dumping measures on BOPP made in China, Thailand and Malaysia from 2 companies are Hung Nghiep Formosa Co.,Ltd and Youl Chon Vina plastic Joint stock company.

On June 12th, 2019, the requesting party submitted information and request, and on June 26th, 2019, the investigation authority confirmed that the dossier is valid and acceptable.

During 45 days from the day confirmation of the full and valid of the dossier; investigation organization will evaluate the dossier then submit Minister of Ministry of Industry and Trade to check and decide to investigate or not.

In case there is a basis, evidence that the dumping behavior of the product mentioned above, the investigation authority will conduct an investigation to determine the dumping margin, the investigation period is determined to be 12 months, in special cases, the investigation authority may determine another investigation period but not less than 06 months. The period of investigation is at least 03 years and includes the entire investigation period to determine dumping behavior, so the investigation period for BOPP products during this period is 2016, 2017 and 2018.

After an investigation decision is made, the investigation authority will send the questionnaire to the related parties within 15 days. During 30 days from the date of receiving the questionnaire to the related parties. The related parties must answer fully to the questionnaire in writing and return it to the Investigation Department.

After obtaining the answers from the related parties, the Investigating Department will check, consider whether to apply anti-dumping measures on BOPP products.

ANT Lawyers, which is a law firm in Vietnam, specialize in anti-dumping and international trade.

 

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How to set-up branch ofifce in Vietnam?

Foreign entity is allowed to set-up branch office in Vietnam to conduct business activities according to the law.

The branch of a foreign business entity in Vietnam (referred as “The Branch”) means a subsidiary unit of the foreign business entity, established in accordance with the law of Vietnam in order to enter into contracts in Vietnam and conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.

The Branch will need to apply and obtain the establishment license; and have a seal bearing the name of the Branch.

The Branch is permitted to conduct activities being the purchase and sale of goods and other commercial activities consistent with its license for establishment in accordance with the law of Vietnam and any international treaty to which the Socialist Republic of Vietnam is a member.

It should be noted that the liability of the Branch is the liability of the foreign entity.  The business activity of the Branch has to be consistent with the business activity of the foreign entity. The Branch has to has office address.

Therefore the investor should consider its investment strategy when setting up its Branch 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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EU- VIETNAM Free Trade Agreement (EVFTA) and Investment Protect Agreement (IPA)

On June 30, 2019 the European Council (EC) and Vietnam signed the EVFTA and IPA. This is the largest free trade Agreement which Vietnam signed which reaches 28 economies European countries.

EVFTA is separated into two agreements, including Trade agreement and Investment agreement. In August, 2018, EU announced the official document of the Free Trade Agreement (EVFTA) and the Investment Protection Agreement (now called EVIPA). EVFTA is a comprehensive agreement, high-quality agreement, balancing the benefits for both Vietnam and EU, and in accordance with the provisions of the World Trade Organization (WTO).

The first, EVFTA includes 17 chapters, 2 Protocol and notes which are cover i.e. trade in goods (include general procedures and commitment to market opening), Rules of origin, custom and trade facilitation, the Safety and Health Protection (SPS), Technical Barriers to Trade (TBT), commercial services (include general procedures and commit to market opening), investment, trade defense, competition, national enterprises, Government procurement, Intellectual property, Commercial and Sustainable Development, cooperation and capacity building, legal-institutional issues.  Of which, the important parts are in the trade in goods, services fields which EU will abolish about 85,6% the import tax, equivalent to 70,3% the Vietnam’s export turnover after this Agreement is effective. Therefore, most of the products and services exported to Europe, taxes will be abolished. For products and services that are not eligible for incentives, within 7 years after this Agreement takes effect, the EU will abolish import duties on 99.2% of tariff lines equivalent to 99.7% of Vietnam's export turnover. The remaining 0.3% of export turnover will be committed by the EU with tariff quotas with the import tax rate in the quota of 0%.

Goods which are exported from EU to Vietnam will enjoy preferential tariffs. Vietnam will abolish the tariffs bases on each specific timeline, after the Agreement has valid.  Vietnam will abolish the tariffs or 48,5% the tariffs (equivalent to 64,5% import’s turnover). After 7 years, Vietnam will abolish 91,8% the tariffs equivalent to 97,1% export turnover from Vietnam to EU. After 10 years, the level of abolished tariffs will be 98,3% tariffs (equivalent to 99,8% import’s turnover).

Further, Vietnam and EU agree with the contents related to custom procedure, SPS, TBT, trade defense, etc. and make a legal framework for the two parties to cooperate and facilitate export and import of the enterprises.

The fields which Vietnam has a favorable commitment to EU investors include a number of professional services, financial services, telecommunications services, transport services, distribution services. The two sides also made commitments on national treatment in the field of investment, and discuss about the the ways to handle the disputes between investors and the state.

The IPA includes the contents as follow:

The first, the parties commit to give the national treatment and most favored nation treatment with the investment of the other Party's investor, with some exceptions, as well as fair, satisfactory treatment, safe and adequate protection, allowing the freedom to transfer capital and profits from overseas investments, commit to not expropriation, nationalization of assets by investors without adequate compensation, commit to compensate for damages to the investor of the other party similar to domestic or third party investors in case of losses due to war, riots, etc.

Second, in the case of dispute between a party and the Investor of the remaining party, the parties agree to handle the dispute based on the discussion and mediation, reconciliation. In the case the dispute cannot be handled by discussion and mediation, reconciliation, the parties will use the specific ways regulated under this Agreement.

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 covering more than 150  jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

 

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Can a company purchase intellectual property rights?

A company can “purchase intellectual property rights.” The way that the purchase takes place varies a little, but most commonly it will be in the form of a license.

Protect Intellectual Properties Rights in Vietnam

I’ll use your example of a Harry Potter video game to explain. First, the owner of a copyright (here, the author of Harry Potter) has the exclusive right to distribute her original work. Another right she owns as a part of her copyright is the exclusive right to produce derivative works. A derivative work is any work based off of the original copyrighted work. A videogame based on Harry Potter is a derivative work of the original Harry Potter books.

So, J.K. Rowling, Harry Potter’s author, is the only person in the world that can create derivative works based on Harry Potter. BUT, she can license that right to whomever she would like for a fee. This is why you see Harry Potter videogames being made and t-shirts being sold. A copyright owner can license her copyright to another — or, in other words, you can purchase the right to use a copyright from a copyright holder.

Other intellectual property rights like patents and trademarks have similar licensing schemes to allow the holder of the right to exploit his or her invention.

Source: Quora

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.

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