ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Sáu, 29 tháng 9, 2017

How can I obtain a patent which is universal all over the world?

First off, let me be a little picky about your terms. You want to know about a patent that is worldwide, not universal. There are no patents on Jupiter. There also is not a worldwide patent right. Each country (or the few groups of countries who form these groups for patent purposes) has its own patents that grant patent rights in those countries. Even if you filed an application and obtained a patent in every country that has patents,...

Thứ Tư, 27 tháng 9, 2017

Are there any differences in filing a Trademark application in Vietnam as compared to your home country?

The legal protection of Trademark is based on the principle of territoriality. That means each nation is free to regulate the use of intellectual property on its own territory. For instance, it can only grant protection titles to the domestic brands while denying foreigners. In order to overcome such problems, nations around the world have been reaching and signed a number of international treaties which was built on the principle...

Thứ Hai, 25 tháng 9, 2017

Australia Terminated Investigation, Not Imposing Anti-Subsidy Tax on Galvanized Steel and Pressed Aluminum from Vietnam

According to Department of Trade Remedies (Ministry of Industry and Trade), 2 Vietnamese products exported to Australia which are pressed aluminum and galvanized steel have been terminated investigation and will not subject to anti-subsidy tax by the Australian anti-dumping commission (ADC). In August and October 2016, ADC initiated 2 anti-dumping and anti-subsidy investigations on pressed aluminum and galvanized steel imported from Vietnam. Following...

Thứ Năm, 21 tháng 9, 2017

What is a typical strategy for filing software patent applications worldwide?

If you want to patent your software worldwide, you have a lot of filing ahead of you. Generally speaking, the filing needs to be done in a relatively timely manner too, so missing deadlines happens routinely. I would suggest consulting with an intellectual property (IP) attorney who can help you meet all of the necessary requirements because they can be tricky. Filing with the patent cooperation treaty (PCT) really will...

Thứ Tư, 20 tháng 9, 2017

Actively Review and Cut-off Unnecessary Business Conditions

Vietnam Prime Minister Nguyen Xuan Phuc asked the Ministries to research, actively self-review to amend or proposed modifications, cutting business conditions which are not reasonable and unnecessary. On August 22nd 2017 , under the chairmanship of Prime Minister Nguyen Xuan Phuc, the Government held a legislative session to give comments on the draft law on competition (revised); the draft law amending and supplementing some...

Thứ Hai, 18 tháng 9, 2017

How do patents work for cosmetics?

How do patents work for cosmetics? What can be done if there is already a patent that exists for my idea? This is an American perspective. Patents for cosmetics do not work very well. A lot of the applications I see are mostly marketing proposals “we are using all natural organic ingredients…” to do what one would expect these ingredients to do. Well, that’s not patentable subject matter under section 101 of the Patent Act because it is directed...

Thứ Năm, 14 tháng 9, 2017

What Are Trademark Classes?

A trademark class is a category in which a trademark is put into. Each class covers certain similar goods or services which the trademark covers. For example, class 25 covers clothing. If you apply for a trademark and tell the trademark office that your trademark will be used to represent shirts, for example, your trademark will be put into class 25. You can potentially get a trademark for a name that someone already has a trademark for, if you...

Thứ Ba, 12 tháng 9, 2017

Google’s Book Scanning and Copyright Laws

As you may know, Google is making an effort to scan every book in the world. The goal is to create a giant online database of every book that can be searched. One small problem is the fact that Google is violating copyright laws. Copyright Google argues its book database doesn’t violate copyright laws. The company suggests it only shows short passages and accompanies the text with ads showcasing where the full books can be purchased....

Thứ Hai, 11 tháng 9, 2017

Labour Matters and Labour Legal Compliance

The labor management is one of the most important matters in the operation of enterprises.  For the employee, he or she has to fulfill the job requirements as per labour contract, follow internal labour regulations, and work under the supervision of the employer.  For employer, complying with  regulations include paying salary, ensuring benefits, and other mandatory labour compliance as per labour laws and collective labour agreements signed. The following...

Thứ Sáu, 8 tháng 9, 2017

Issuance of Work Permit for Foreigner Online

From October 2nd 2017, the issuance of work permits to foreign employees working in Vietnam via Internet will be applied in accordance with the guidance of Circular No. 23/2017/TT-BLDTBXH issued by the Ministry of Labor – Invalids and Social Affairs on August 15th 2017. Accordingly, the issuance and re-issuance of work permits for foreigners will be made via the electronic portal: http://dvc.vieclamvietnam.gov.vn. Employers...

Thứ Tư, 6 tháng 9, 2017

Propose to Remove Nearly 2,000 Business Conditions

The Ministry of Planning and Investment has proposed to remove nearly 2,000 business conditions from ministries and sectors that are thought to cause difficulties and obstacles for businesses. According to the report of the Ministry of Planning and Investment submitted to the Government, this agency proposed to remove 1,930 requirements and conditions on business that are considered as sublicenses hinder business for a long time. Of these,...

Thứ Ba, 5 tháng 9, 2017

Can I copyright something on behalf of another person?

I’m afraid the Copyright Act beat you to it. Copyright arises automatically under the law at the time a copyrightable work is created and “fixed in a tangible medium of expression” (e.g., drawn on paper, saved in digital format, recorded on tape, etc.). What that means is that your cousin’s logo design was protected by copyright law as soon as she created it, and she has owned the copyright since that time. What you may be thinking of...