What Attention for Filing PCT Patent Application in Vietnam in 2023?

 What Attention for Filing PCT Patent Application in Vietnam in 2023?

There are individuals and companies that believe that by filing a trademark, patent or industrial design application in the host country, they will automatically receive worldwide protection. However, in fact, intellectual property rights are territorial related and Intellectual Property (IP) government offices only grant protection titles according to the laws of the relevant countries (or region). Therefore, the Patent Cooperation Treaty (PCT) was born and signed by the member countries on June 19, 1970 in Washington, the PCT entered into force on June 1, 1978. Vietnam joined the PCT on March 10, 1993.

File PCT Patent Application in Vietnam

According to the definition of Vietnam law, an invention is a technical solution in the form of a product or process that aims to solve a defined problem by applying natural laws. In order to be able to obtain patent protection in different countries, an applicant can apply for protection through the PCT, either directly or within 12 months from the date of filing the first patent application filed in a country party to the Paris Convention, designating all countries wishing to register on the same application form, in the same language, and pay a fee.

The applicant needs to prepare a set of application including the following documents:

-02 Patent registration declarations according to Form 01-SC, specified in Appendix A of Circular 16/2016/TT-BKHCN.

-01 Vietnamese translation of the description and summary in the international application (published copy or original submitted, if the application has not been published, and the revised version and explanation of the amendment, if the international application is amended under Article 19 and/or Article 34.2(b) of the Treaty).

-01 Vietnamese translation of the appendices to the international preliminary assessment report (when substantive examination is requested).

-01 original copy of payment receipt (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property).

-01 Power of Attorney (in case the application is submitted through a representative).

After fully preparing the application, the applicant submits the application at the National Office of Intellectual Property under the Ministry of Science and Technology.

The time limit for formal examination is 1 month from the date of application submission. Applications will be published in the 19th month from the priority date or the filing date, if the application does not have a priority date, or within 2 months from the date of acceptance of the valid application, whichever is later. The time limit for substantive examination is not more than 18 months from the date of application publication if the request for substantive examination is filed before the date of application publication or from the date of receipt of the request for substantive examination if such request is filed after date of publication of application.

One of the important steps in filing PCT patent application in Vietnam is to make sure the translation into Vietnamese language match up with the original language. Patent attorneys at ANT Lawyers – a law firm in Vietnam will assist along the process including the translation of the patent and work with the national office of intellectual property in Vietnam to follow the instructions to complete the registration process in Vietnam.

Source ANT Lawyers: https://antlawyers.vn/library/what-attention-for-filing-pct-patent-application-in-vietnam.html

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What Are the Procedures of filing PCT Patent Application in Vietnam?

The Patent Cooperation Treaty (Patent Cooperation Treaty) abbreviated as PCT was signed on June 19, 1970 in Washington. The PCT came into effect on June 1, 1978, and Vietnam joined the PCT on October 3, 1993. PCT allows an invention to be protected in multiple countries simultaneously by making a single international patent application instead of making multiple patent applications in many separate countries or regions. Intellectual Property lawyers in Vietnam could help client understand the procedures of filing PCT patent application in Vietnam and its advantages.

What Are the Procedures of filing PCT Patent Application in Vietnam?

Similar to the provisions of Vietnam Law on Intellectual Property rights, in order to be granted an invention protection title under the PCT, a registered invention must meet the following requirements: novelty, qualified innovative and capable of industrial application.

A dossier for patent registration under PCT of Vietnamese origin includes the following documents:

-The PCT application of Vietnamese origin to be made in English (03 copies);

-Description (02 copies, including drawings, if any);

-Claims for protection (02 copies);

-A copy of the payment receipt (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property);

-Relevant documents (if any).

Patent registration dossiers can be submitted in person or by post to the National Office of Intellectual Property in Hanoi or to two representative offices of the Department in Ho Chi Minh City and Da Nang. After receiving the application, the applicant can conduct an international patent search at the competent search offices (national or regional patent office that meets the requirements set forth by the PCT and designated by the PCT General Assembly). PCT applications originating from Vietnam will be published in the PCT Gazette and subject to international preliminary examination. The appraisal department will prepare a preliminary appraisal report and send it to the International Bureau. At the national stage, the international application is examined for form and substantive according to the procedures prescribed for ordinary patent applications in the host country.

An important advantage of the PCT system is the provision of an additional minimum of 18 months from the expiration of the 12-month priority period, during which time the applicant can evaluate the possibility of commercializing product in different countries and decide which country to register the patent in. By filing an international application, the payment of national application fees and translation costs associated with national applications can be delayed.

ANT Lawyers – IP services in Vietnam will always follow up with authorities for legal update on matters relevant to IP law to update clients on regular basis.

Source ANT Lawyers: https://antlawyers.vn/library/what-are-the-procedures-of-filing-pct-patent-application-in-vietnam.html

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What is a Trademark?

A Trademark generally refers to a “brand” or “logo”.

Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

Trademark registration services in Vietnam

Properly used and promoted, a Trademark may become the most valuable asset of a business. Trademarks such as Coca Cola, HP, Canon, Nike and Adidas serve as an indication of origin of the goods as well as an indication of quality.

It is also essential to obtain trademark registration for the business name/trade name under the Trademarks Act. Registration of a company or business name under the Companies Act does not in itself give protection against others who might commence using identical or similar marks.

Use of TM, SM and ® symbols

'TM' stands for Trademark and 'SM' stands for Servicemark. The use of TM and SM symbols notifies the public that the company is claiming exclusive ownership of the trademark and can generally be used by one who has filed a trademark application.

The ® symbol, can be used only once the trademark is registered and the registration certificate is issued. Also, you may use the registration symbol only in connection with the goods and/or services in respect of which the trademark is registered.

Source: Quora

If you're looking for affordable Trademark attorneys in Vietnam, check out ANT Lawyers was established to meet these needs by providing fast, effective and economical solutions. Hope that clears things up a bit. Feel free to message me directly to chat further about any other IP questions that you face. 

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Cancellation Against of Trademark

 Cancellation Against of Trademark in Vietnam

It typically takes a significant amount of time and effort on the part of your business to win customers' confidence in your products and trademark. However, if there is another trademark for the same goods that is identical to yours, it will likely cause customers to make mistakes or become confused, resulting in a number of negative effects for your business, including a decrease in sales, a loss of reputation, and the ability to distinguish yourself.

In fact, after partnering with domestic businesses to distribute or sell goods, many international businesses discover that their trademarks are stolen by partners who register their trademarks for intellectual property protection in national offices. It is simple for trademark thieves to steal trademarks because each nation protects trademarks differently.

You should ask the Vietnam Intellectual Property Authority to cancel the trademark that was used in violation of your rights and benefits. ANT Lawyers would like to assist you in canceling against a trademark in Vietnam in the following ways because they have excellent IP experience in Vietnam and a highly professional staff.

Cancellation against of trademark in Vietnam

A certificate of trademark registration may be revoked entirely or partially at the request of a third party in accordance with Article 96 of the IP Law of Vietnam.

In the specified circumstances, the applicant may submit a written request to the National Office of Intellectual Property (NOIP) to cancel protection titles subject to payment of fees and charges.

Period for filling cancellation request

To request cancellation against of trademark in Vietnam due to the Applicant’s bad faith: the period for lodging such a request is the whole term of a Protection Title.

To request cancellation against of trademark in Vietnam due to other legal reasons: the period for lodging such a request is within 5 years as from the granting date.

The case for cancellation against of trademark in Vietnam

Any third party may request that a certificate of trademark registration be revoked entirely or partially in the following circumstances:

The registration applicant does not possess the right to register an invention, industrial design, layout-design, or mark, nor has this right been granted to them;

At the time the protection title is granted, the subject matter of industrial property does not meet the protection conditions.

Required documents

Proofs (if any);

Power of attorney;

Written justification of the request, including relevant documents and clearly stating the protection title's serial number, reason, and contents for terminating or canceling a portion or the entire protection title.

Time and procedures for cancellation against of trademark in Vietnam

In the event that a third party makes a request to have their trademark protection title revoked, the NOIP is required to provide the protection title holder with written notice of the third party's opinions and set a response deadline of two months from the date of notification.

The NOIP must decide whether to cancel all or a portion of the protection title or notify the parties of its refusal to cancel the trademark protection title after taking the opinions of the parties into consideration.

The requester or a party involved may file a complaint regarding the decision or the relevant notice if they disagree with the NOIP's handling of the request for cancellation of the trademark protection title

Within two months of its signing, a decision to cancel a trademark protection title must be published in the Industrial Property Official Gazette and added to the National Register of Industrial Property.

ANT Lawyers - IP Services in Vietnam firm that regularly informs clients of legal developments pertaining to trademarks by following up with authorities.

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How to Protect Copyright in Vietnam?

Copyright refers to an individual or organization's rights to a work that they created or own, as defined by Vietnam's Intellectual Property Law. Additionally, works of literature, art, and science shall constitute the subject matter of copyright; Performances, audio and visual fixation, broadcasts, and satellite signals carrying coded programs are all eligible subjects for copyright-related rights.

However, if there is no prior prepared evidence, it is difficult to demonstrate the owner's copyright. In the event of a dispute or violation, the most crucial piece of evidence is a copyright registration. When the owner can demonstrate that the Work is covered by copyright law, the registration of the copyright will prevent infringement.

ANT Lawyers – A registering copyright services in Vietnam would like to assist you in registering and safeguarding your copyright and related rights in Vietnam in the following ways with their highly skilled staff and extensive knowledge of the intellectual property landscape in Vietnam:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

If a work meets the following requirements, its owner's copyright will be registered:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

–Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-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

-The following rights are protected forever:

-Right to give titles to their works.

-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.

-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

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The duration of each type of work protected by the aforementioned rights will vary. The term of protection for cinematographic, photographic, stage, applied, and anonymous works, in particular, shall be fifty (50) years from the date of first publication. Other works are protected throughout the author's lifetime and for fifty (50) years after their death.

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How Does the ASEAN Dispute Resolution Mechanism Work?

How Does the ASEAN Dispute Resolution Mechanism Work?

Having an efficient means of resolving disagreements that arise between member nations has become an essential requirement as economic cooperation has grown. As a result, ASEAN has been working on a Protocol on a Dispute Settlement Mechanism since 1996. On November 20, 1996, ASEAN Economic Ministers signed the Protocol in Manila (Philippines).

Dispute Settlement Mechanism of ASEAN

The spirit of negotiation and mediation is the foundation of ASEAN's dispute resolution system. Parties to the dispute in Member States have the option to select mediation methods at any time. These structures might start or end out of the blue. The complainant took the matter to the Senior Economic Officials Meeting of ASEAN (SEOM) only after the mediation process had ended. Mediation procedures will continue to apply while the dispute is ongoing if the parties to it agree.

The matter will be referred to SEOM if the consultation does not resolve the dispute within sixty (60) days of receipt. SEOM will either form a panel or, if that is not possible, send the matter to the special rules and procedures team or another group for evaluation. However, in some instances, SEOM may decide to settle the dispute without appointing a panel if deemed necessary.

Within thirty (30) days of the panel's submission of the report, SEOM will evaluate it during its discussion and make a decision regarding the dispute. SEOM may have an additional ten (10) days to resolve a dispute in exceptional circumstances. Parties to the dispute may be represented by SEOM representatives at the meeting, but they may not vote on SEOM decisions. SEOM will decide by majority vote.

Within thirty (30) days, parties to the dispute may appeal the SEOM's decisions to the ASEAN Economic Ministers (AEM). Within thirty (30) days of receiving the appeal, AEM must issue a decision. AEM may have an additional ten (10) days to resolve the dispute in exceptional circumstances.

ANT Lawyers have Litigation and Dispute lawyers in Hanoi, Da Nang and Ho Chi Minh City that help clients dealing with dispute resolution and alternative dispute resolution in Vietnam. 

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8 Important Steps Guide to Establish Company in Vietnam

It is possible for foreign investors to establish company in Vietnam. Foreign investors have the right to choose the appropriate forms of enterprise such as a limited liability company, joint stock company... with particular steps including:

Step 1: Register the investment project

Investors submit a registration file for an investment project to the business registration office of the province, city, or management board of an industrial, export processing, or high-tech zone for approval within 15 days (without additional time for clarification).

Step 2: Apply for Certificate of investment registration

Investors can apply for a business registration certificate in Vietnam by submitting a valid record to the Department of Planning and Investment within ten days of the investment project's approval.

Step 3: Apply for the certificate of business registration

After obtaining the business registration certificate, the investor shall submit the application for enterprise registration certificate to the enterprise registration office within 3 days.

Step 4: Publish the content of the business registration

Within 30 days of receiving the certificate of enterprise registration, the investor is required to disclose the following information about the company on the national enterprise registration portal:

i, Business lines;

ii, List of founding shareholders and shareholders being foreign investors for joint-stock companies.

Step 5: Registered business stamp

The form, quantity, and contents of the company's stamp are entirely up to the business. The following information must be displayed in the stamp's content:

-Company’s name;

-Business code.

After receiving the legal entity stamp and before using the business stamp, the enterprise must send a notice on the stamp of the enterprise to the business registration office for publication in the National Information Portal on the business registration.

Step 6: Notice of use of stamp:

Investors send notices on use of stamp forms to the Investment registration agency after getting a stamp. The Investment registration agency stamps samples of businesses, branches, and representative offices for businesses, publishes the business's notice on the National Business Information Portal, and issues a receipt for the business following receipt of the record.

Step 7: Open bank account:

Financial backers need to open two sorts of ledgers, to be specific the speculation capital record to get the venture sum and the exchange represent going through with everyday exchange in Vietnam.

Step 8: The post licensing procedures:

For the conditional business lines:

Investors investing in conditional business lines as defined in Appendix 4 of the Investment Law 2014 are required to have professional liability insurance, a certificate of business qualification, practicing certificates, and other documentation… prior to directing business in Vietnam. 

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