ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Ba, 16 tháng 5, 2023

Successfully Register a Vietnam Trademark in the US

ANT Lawyers as an Industrial Property law firm with full IP license under Vietnam laws represented Live Forever Young Co., Ltd to submit an international application of trademark Live Forever Young trademark which designated the US according to the World Intellectual Property Organization (WIPO) on October 2021.

                                               


  ANT Lawyers IP law firm in Vietnam

Through the formal examination stage, on March 2021, WIPO issued a Certificate of Registration, which certifies that the above application conformed to the formal requirements of WIPO. Subsequently, WIPO notifies the Intellectual Property Office of the U.S. and this Office could conduct the substantive examination.

During the substantive examination stage, the United States Patent and Trademark Office (USPTO) issued a Non-final Office Action on May 2021. Subsequently, ANT Lawyers assisted the Client in preparing and submitting the corresponding response letter to USPTO.submit an international application of trademark Live Forever Young trademark in US

After 7 months of substantive examination, on October 2021, the Live Forever Young trademark has been successfully registered in the US and USPTO issued a Registration Certificate. Accordingly, the registration will remain in full force and effect for a term of ten years from the date of issuance and may file a renewal.

Trademark registration in the US is very important for the client as this is the first step that uncovers the considerable opportunities for entering the potential market in the US. With the help of ANT Lawyers from experts in intellectual property as well as close cooperation relationships with IP law firm in different part of the world, ANT Lawyers IP law firm has assisted Clients in achieving their goals and while maximizing their rights and exploiting legal benefits from intellectual property as well as minimizing risks in the process of registration of trademark in Vietnam and international trademark registration in US.

Source ANTLawyers: https://antlawyers.vn/library/register-vietnam-trademark-in-the-us.html

Chủ Nhật, 14 tháng 5, 2023

How Licensing of Trademark in Vietnam Works?

 Licensing of industrial property subject in general or of trademark in specific is regulated in Intellectual Property law. Accordingly, in trademark licensing, the owner (licensor) grants permission to another (licensee) to use that trademark on mutually agreed terms and conditions. The must be established in written form to avoid dispute in trademark licensing in Vietnam.


Trademark licensing in Vietnam

Accordingly, licensing of trademark includes the following types: exclusive contract, non-exclusive contract; sub-license contract.

Firstly, exclusive contract means a contract under which, within the licensing scope and term, the licensee shall have the exclusive right to use the licensed trademark while the licensor may neither enter into any trademark license contract with any third party nor, without permission from the licensee, use such trademark.

Secondly, non-exclusive contract means a contract under which, within the licensing scope and term, the licensor shall still have the right to use the trademark and to enter into a non-exclusive trademark license contract with others.

Thirdly, trademark sub-license contract means a contract under which the licensor is a licensee of the right to use such trademark pursuant to another contract.

In any type of the contracts, it is required to have the following contents: full names and addresses of the licensor and of the licensee; grounds for licensing; contract type; licensing scope including limitations on use right and territorial limitations; contract term; licensing price; rights and obligations of the licensor and of the licensee.

Besides the above contents, the parties also need to take note on the validity of this contract. Different from assignment contract of trademark when it is required to register at National office of Intellectual Property of Vietnam to take effect, the licensing contract of trademark does not required this kind of registration for taking effect. Licensing contract shall automatically be terminated upon the termination of the licensor’s trademark right.

If Client needs any more information or request for legal advice regarding licensing of trademark or dispute in trademark licensing contract, our Trademark attorneys in Vietnam at ANT Lawyers will be of help.

ANT Lawyers – Law firm in Vietnam will always follow up with authorities for legal update on matters relevant to trademarks to update clients on regular basis.

Source ANTLawyers: https://antlawyers.vn/library/how-licensing-of-trademark-works.html

Thứ Tư, 10 tháng 5, 2023

Regulations on Pay to Employees Working During Lunar New Year Holiday

 Regulations on Pay to Employees Working During Lunar New Year Holiday

Under the provisions of Article 106.1 of the Labor Code 2012, overtime is a period of work outside normal working hours prescribed by law or according to a labor agreement or regulation. Depending on the needs and agreement of the two parties, the enterprise may request employees to work overtime during lunar new year (Tet) holiday, but must not exceed 12 hours in a day and must pay overtime as prescribed by law.



According to Article 25 of Decree No. 05/2015 / ND-CP, the salary for overtime work on lunar new year holiday for employees is prescribed as follows:

An employee who works overtime in the daytime of the lunar new year holiday is entitled to at least 300% of the normal day salary, excluding the salary on that new year holiday if the employee receives wages.

Employees who work overtime at night during lunar new year holiday, apart from enjoying 300% of the normal daily salary, excluding the salary, if the employee receives a daily salary, the employee is also paid at least 30% extra of the average daily wage, and 20% extra of the of the lunar new year holiday pay rate.

In particular, night working hours are calculated from 10:00 pm to 6:00 am of the following day.

For employees who work overtime on the same day as lunar new year holiday, they shall receive overtime pay according to lunar new year holiday; if the lunar new year holiday is the same as a weekly holiday, pay overtime is same as pay for work in weekend.

In addition, when making overtime workers, the enterprise must pay attention to the maximum number of overtime hours a day and must organize compensatory leave for employees as prescribed in Article 106 of the Labor Code and Article 4. Decree 45/2013/ND-CP.

ANT Lawyers – A law firm in Vietnam, always follow up the labour matters to update clients on regular basis.

Source ANT Lawyers: https://antlawyers.vn/legal-service/regulations-on-pay-to-employees-working-during-lunar-new-year-holiday.html

Thứ Hai, 8 tháng 5, 2023

What cannot be registered as trademark?

 A trademark has to have one basic feature that is it should be unique and create a brand identity for a product. So if a trademark is such that does not create any brand for a product can't be trademarked. A trademark should not be a conflicting trademarks with others. It means the trademarks should not create confusion between two trademarks. 

In general:

What cannot be registered as trademark

-Generic words can't be trademarked. For example you can't trademark the words like TV, Fridge, scooter, car etc.

-The names of the cities and countries can not be trademarked.

-The names of Gods and Godesses and the names of religious books can not be trademarked. For example you can't trademark *Lord Ram* or *Ramayana*

-Surnames can not be trademarked under normal circumstances. For Example you can't trademark *Sharma*

-Names of Constitutional Posts or Government posts can't be trademarked. For examples you can't trademark *Prime Minister of Vietnam

-Words which denote illegal or Immoral acts can't be trademarked. For example you can't trademark *Let's cheat* or *Let's grope*

-Words which are prohibited under names and emblems act can't be trademarked. For example, you can't trademark the official sign of Government of Vietnam.
Hope this helps!
Source: Quora

ANT Lawyers - IP services in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for Trademark registration services in Vietnam via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

Thứ Tư, 3 tháng 5, 2023

How to Protect Copyright in Vietnam?

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.