Hiển thị các bài đăng có nhãn IP Enforcement in Vietnam. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn IP Enforcement in Vietnam. Hiển thị tất cả bài đăng

Thứ Ba, 30 tháng 6, 2020

What are the benefits that a society gets from intellectual property rights (IPR)?

BY Hellen Lee IN , , , No comments


In theory, intellectual property encourages innovation by rewarding scientists, inventors, artists, scholars, and other creators with exclusive rights to their ideas and expressions. This in turn results in greater artistic, scientific, and technological achievement, which in turn advances the economy and quality of life, and progress of humanity as a whole.   


It also satisfies a deeply held sense of ownership, that if you discover or make something it’s yours. This may be cultural rather than innate – not every society believes this about the fruits of creativity.

Whether an IP regime serves these goals depends a lot on the legal regime put in place around it, and how that plays in a given cultural and economic context. To establish something as property involves creating a bundle of rights such as a right to alienate it by selling, trading, or licensing, a right to exclusivity, the ability to create and enforce contracts about it, and a right to enforce ownership through legal means. A lot of fine tuning is involved, which could result in an effective IP system, or alternately, one that enforces privilege and disparity of wealth by denying basic things like life-saving drugs, software tools, or popular songs to those without ability to pay, that concentrates wealth by adding IP assignment terms to every employment or contractor relationship, or that suppresses innovation by denying creators access to what other creators have done. Even so, an unfair IP regime may (or may not) create wealth for a society.

Source: Quora

If you are looking for an experienced IP attorney in Vietnam to help you with your patent application, you should visit ANT Lawyers.vn. Our attorneys have experience with the IP process and will work closely with you as you apply for your patent. We routinely match inventors with experienced IP attorneys for a free consultation on our platform and offer a money back guarantee.








Thứ Sáu, 26 tháng 4, 2019

Basis of appearance, establishment of intellectual property rights

BY Hellen Lee IN , , , , No comments


The Vietnam Intellectual Property Law No. 50/2005/QH11 stipulates copyright, copyright-related rights; industrial property rights; rights in plant varieties and for the protection of these rights.
This law applies to Vietnamese organizations and individuals, foreign organizations and individuals that satisfy the requirements stipulated in this Law and international treaties to which the Socialist Republic of Vietnam is party of.
1. Copyrights shall arise at the moment when a work is created and expressed in a certain material form regardless of its content, quality, form, mean, language, whether or not it has been published or registered.
2. Related rights shall arise at the moment when a performance, a phonogram, a broadcast program and a satellite signal carrying encrypted program is fixed without prejudice to copyrights.
3. Intellectual property rights shall be established as follows:
a) Industrial property rights in inventions, industrial designs, layout-designs, marks, geographical indications shall be established on the basis of the competent State authority’s decision on the grant of Protection Title in accordance with registration procedures stipulated in this Law or on the recognition of international registration under international treaties to which the Socialist Republic of Vietnam is party; in terms of for well-known marks, the ownership rights shall be established on the basis of use independently from registration procedures.
b) Industrial property rights to trade names shall be established on the basis of lawful use of the trade names.
c) Industrial property rights in business secrets shall be established on the basis of legal acquirement and secret keeping of the business secrets;
d) Right to repression of unfair competition shall be established on the basis of competition in business.
4. Rights to new plant varieties shall be established on the basis of the competent State authority’s decision on the grant of Plant Variety Protection Title in accordance with registration procedures stipulated in this Law.


Thứ Ba, 14 tháng 8, 2018

If you steal someone else business idea and start your own company, what is the worst thing that can happen?

BY Hellen Lee IN , , , , , No comments


Well, to answer your questions, I’m going to say hypothetically that “you” stole something that was legally protected in some way (be it via patenttrademarkcopyright, signing an NDA, or the likes).

Can they successfully stop you from operating your business? Yes, they have options that could put “you” out of business. If you’ve violated their legally protected rights to certain items (their trademarked name, their copy-protected material, their patented goods, or business processes from a former employer after you signed an NDA and it is still within the legal timeframe), they can exercise their options (cease and desist letters, lawsuit for an injunction to stop you plus damages) under the law.


Can they sue you? Yes, they can, but whether or not they will sue you is a different story. Keep in mind two things: they must first elect to exercise their rights and they’re probably going to wait until it is profitable to sue “you.”

What are the consequences? That depends on what, if anything, that they can prove in court that you did to violate their intellectual property rights.

In all honesty, if you or someone you know have found yourself with a legal threat of a lawsuit because of intellectual property, you should consult with a lawyer experienced in the area. The laws related to intellectual property can be complex and it isn’t something that you should do on your own (and you could get advice on whether what happened was actually a legal issue).

Antlawyers.vn is a legal marketplace that could help. We make it easy for inventors and entrepreneurs to hire and work with business-minded lawyers at low flat rates. We offer free initial consultations as well as quick and easy price quotes. Hope this helps!



Thứ Tư, 28 tháng 2, 2018

Intellectual Property remains a big challenge for Vietnam under CPTPP

BY Hellen Lee IN , No comments

At an informal meeting of representatives from 11 countries (without US) taking place on the Asia-Pacific Economic Cooperation (APEC) dated on November 10th, 2017, the parties agreed to change from Trans-Pacific Partnership Agreement (TPP) to the Comprehensive and Progressive Partnership for Trans-Pacific Partnership (CPTPP).


Accordingly, the CPTPP contains 8,000 pages of documents, but only 20 articles of the TPP agreement, including 10 articles related to intellectual property (IP) and 4 points are reserved for the parties to negotiate in next time. Each member will list its delimited list of restrictions of their country.
According to the Vietnam Minister of Industry and Trade, CPTPP still guarantees a quality agreement like TPP-12, while ensuring new equilibria for member countries. The content of the CPTPP is not only about trade, investment, but also on intellectual property (albeit temporarily postponed) and other broad areas.
With CPTPP, Vietnam may not be the most beneficiary country like the proposed TPP, but it is still very important, because it brings together many of the criteria associated with reform, particularly institutional reform, improving the investment climate, business.
Vietnam law on Intellectual Properties will need to be amended because the legal system of Vietnam’s IP is not consistent with the legal system of developed countries.  The Law on Intellectual Property of Vietnam, after many proposals, has not yet been approved by the National Assembly. Meanwhile, the amended Law on Technology Transfer, though approved in June 2017, still lacks specific guidelines on technology transfer.
Intellectual property rights in the TPP not only contain general provisions and requirements relating to areas of cooperation, patents, test data, designs, trademarks, geographical indications or copyright but also focuses on the legal enforcement of this right by nations.
The CPTPP is based on agreed commitments at the TPP, which are particularly important in paving the way for Vietnamese goods to penetrate into the members’ markets.