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Apple premieres new Apple TV for breakthrough price of $99

By
sblaw
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Patent attorney in Vietnam, Mr. Pham Duy Khuong, partner of SBLAW.

By
sblaw
-

Mr. Pham Duy Khuong (Mr. Pham) is a founding partner of SBLAW. He has particular experience in the field of Intellectual Property for nearly ten years.

Before joining SBLAW, he worked as a manager of intellectual property of a leading IP firm in Vietnam for many years. With his experience, he has helped many clients prosecute and enforce their intellectual property rights including trademark, industrial design, patent, copyright in Vietnam, Asian countries and other ones in the world.

Major highlighted clients include ABB, PWC, LG, Total Gaz, Nippon Steel, Watts Regulator Company, Panera, Bai Du and Caffé Bene, FPT, Viettel, PVFC, MB, Tin Nghia Corp, Viglacera, May 10, Kova, TOA, Vietsopetrol, Vietcombank, K+, VTC.

Due to his contribution to the development of intellectual property in Vietnam, Mr. Pham was awarded Australian Government’s scholarship and then got his Master of global business Law in Australia. In addition, He is also recommended as the reputed lawyer in Vietnam by the top legal ranking systems: Legal500 and ASIALAW.

                                                             EDUCATION QUALIFICATIONS

Name of Institution

Degree            Obtained

Latrobe University

Master of Law

Hanoi University of Technology

Bachelor

Hanoi University of Law

Bachelor

Judicial Academy

Certificate

 

AWARDS

Name of awards

Awarder

Reason

Year

ADS Scholarship

(Now AAS scholarship)

Australia Government

 For the contribution to the development of Vietnam in the field of Intellectual property.

2012

Lawyer of years in Vietnam

ASIA LAW

 Expert in advising foreign and local clients in the field of litigation

2012-2013

Recommended lawyers in Vietnam

Legal 500

 Expert in the field of intellectual property

2013-2014

BAR AND PROFESSIONAL ASSOCIATIONS:

Vietnam Lawyers Association

Vietnam Intellectual Properties Association

International Trademark Association (INTA)

APAA

Lawyer Pham Duy Khuong has been recommended in the Intellectual property areas by The Legal 500

By
sblaw
-

“… SBLAW FIRM’s IP department head Pham Duy Khuong provides ‘logical responses and shrewd advice’. The firm recently acted for an inventor, a Vietnamese national, in registering a patent globally, including liaising with firms across Europe and the US. The firm is currently acting for Web Entertainment incopyright infringement enforcement action against ten infringers in Vietnam. The firm has extensive trade mark experience in the manufacturing, pharmaceutical and financial services sectors, while on the patent side the team represents clients from the construction, technology and manufacturing industries. Newclients include a games retailer and a fast food retailer…”

For 27 years, The Legal 500 has been analysing the capabilities of law firms across the world, with a comprehensive research programme revised and updated every year to bring the most up-to-date vision of the global legal market. The Legal 500 assesses the strengths of law firms in 106 jurisdictions, the results of which can be viewed free of charge using the “Rankings” tab at the top of the page.

The rankings are based on a series of criteria, but simply put, we highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel. Our research is based on feedback from 250,000 clients worldwide, submissions from law firms and interviews with leading private practice lawyers, and a team of researchers who have unrivalled experience in the legal market.

The Legal 500 produces a wide ranging series of resources for in-houselawyers including roundtables, client insight reports, and recognises and rewards the best in-house lawyersthrough our Corporate Counsel 100 series and The Legal 500 Awards. Please use the tabs at the top of the screen to find out more.

Registration of Patent in Laos

By
sblaw
-

SBLAW – IP internatioanl agent would like to give you some information about legal procedure of registration of patent in Laos as follows: 

1. Criteria for patent protection:
–    Novelty
–    Inventive step
–    Industrial applicability

2. Required Information

a. Applicant: Name and address.

b. Inventor(s): Name, address and nationality

c. Specification of invention, utility solution

d. Claims and drawings.

e. Assignment document (if any).

f.  Certified copy of priority document (if any)

g. Search results from the Patent Office (recommended).

3. Required documents

Power of Attorney

4. Member

Paris Convention: Yes

PCT: Yes

5. Procedure for protection

Patent Filing

Preliminary Examamination

Patent Publication: 18 months from the priority date

Formal Examination Request: Before 36 months from the filing date.

90 days to respond office action from the formal examination.

Register your trademark in Laos

By
sblaw
-

If your company would like to register trademark in Laos, SBLAW – International IP Agent would like to guide you some legal infomration as follows:

1. Trademark search procedure (Optional):

In order to verify the registrablity of trademark in LAOS, applicant should conduct a search of trademark. The result will show that whether or not your trademark is similar to trademark registered by other applicants for the same product/service.

1.1. Time frame for trademark search: 05-07 working days

1.2. Required documents:

The applicant shall send SBLAW the following documents:

(i) 05 samples of trademark;

(ii) List of products/service bearing trademark

2. How to register trademark in Laos

2.1 Required documents:

In order to file trademark in LAOS, the applicant shall provide SBLAW the following documents

(i) 05 samples of trademark (size 8 cm x 8 cm);

(ii) Power of Attorney (Provided by SBLAW);

(iii) List of products/service bearing trademark.

2.2 Time Frame for register: 6-8 months

Protection of Utility Model in Laos

By
sblaw
-

If your company would like to protect utility model in Laos, SBLAW would like to provide you some information about the legal procedure of filing utility model in Laos as follows:

1. Criteria for protection:

Under Ip Laos Law, in order to protect your utility model in Laos, your utility model has to meet the following conditions:

–    Novelty
–    Inventive step
–    Industrial applicability

2. Required Information for protection 

a. Applicant: Name and address.

b. Inventor(s): Name, address and nationality

c. Specification of invention, utility solution

d. Claims and drawings.

e. Assignment document (if any).

f.  Certified copy of priority document (if any)

g. Search results from the Patent Office (recommended).

3. Required documents

Power of Attorney for SBLAW

4. Member 

Paris Convention: Yes

PCT: Yes

5. Procedure

Patent Filing

Preliminary Exam

Patent Publication: 18 months from the priority date

Formal Examination Request: Before 36 months from the filing date.

90 days to respond office action from the formal examination.

Register your Patent In Cambodia

By
sblaw
-

If you would like to register your patent in Cambodia, SBLAW would like to give you some information about the legal procedure of filling patent in Cambodia as follows: 

1. Criteria for protection:

Under the IP Cambodia law, an invention/patent must be met the following criteria:
–    Novelty
–    Inventive step
–    Industrial applicability

2. Required Information

In order to file patent in Cambodia, you have to provide us the following required information:

a.  Applicant: Name and address.

b.  Inventor(s): Name, address and nationality.

c.  Specification of invention, utility solution

d.  Claims and drawings.

e.  Assignment document (if any).

f.   Certified copy of priority document (if any)

g.  Search results from the Patent Office (recommended).

3. Required documents

– Power of Attorney (under sample of SBLAW)

4. Validation of patent/invention in Cambodia

– Patent: 20 years from filling date

-Utility Model or Design Application: 15 years from the filling date

5. International Member

Cambodia is member of following international treaties:

– Paris Convention: Yes

– PCT: Yes

6. Legal Procedure

a.  Patent Filing

b.  Preliminary Exam

c.  Patent Publication: 18 months from the priority date

d.  Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.

e.  90 days to respond office action from the formal examination.

Register trademark in Cambodia

By
sblaw
-

As the leading IP international Agent, SBLAW would like to give you some information about the registration of trademark in Cambodia as follows:

1. Procedure for trademark search (Optional):

In order to verify the registrablity of trademark in Cambodia, applicant should conduct a search of trademark. The result will show that whether or not your trademark is similar to trademark registered by other applicants for the same product/service.

1.1. Time frame for this procedure as follows: 05-07 working days

1.2. Required documents:

The applicant shall send SBLAW the following documents:

(i) 05 samples of trademark;

(ii) List of products/service bearing trademark (under Nice 10)

2. Register your trademark in Cambodia

2.1 Required documents:

In order to file trademark in Cambodia, the applicant shall provide SBLAW the following documents:

(i) 05 samples of trademark (size 8 cm x 8 cm);

(ii) Power of Attorney (Provided by SB LAW);

(iii) List of products/service bearing trademark.

2.2 Time Frame:  It take from 6 to 8 months to obtain the trademark certificate in Cambodia.

Protection of Utility model in Cambodia

By
sblaw
-
Conducting a patent clearance search

SBLAW – an IP international Agent would like to introduce some information about the procedure of filling Utility Model in Cambodia as follows:

1. Criteria for protection of Utility Model as follows:

Under the IP law of Cambodia , an Utility Model will be protected since it meets the following criteria:

–    Novelty
–    Inventive step
–    Industrial applicability

2. Required neccesary Information for filling Utility Model as follows:    a.  Applicant: Name and address.

b.  Inventor(s): Name, address and nationality.

c.  Specification of invention, utility solution

d.  Claims and drawings.

e.  Assignment document (if any).

f.   Certified copy of priority document (if any)

g.  Search results from the Patent Office (recommended).

3.  Required documents

Power of Attorney

4. Validation of Uility Model as follows:

Patent: 20 years counting from the filling date:

Utility Model or Design Application: 15 years counting from filling date

5. Member

Cambodia is member of Paris Convention and PCT

6. Procedure for filling Utility Model as follows:

a.  Patent Filing

b.  Preliminary Exam

c.  Patent Publication: 18 months from the priority date

d.  Formal Examination Request: Before 36 months from the filing date. Must be requested after 60 days from the patent publication date.

e.  90 days to respond office action from the formal examination.

Industrial Design Renew in Vietnam

By
sblaw
-
Trademark Search in Vietnam

SBLAW would like to introduce some information about industrial Design Renew in Vietnam as follows:

Under the IP Vietnam Law, Certificate of industrial design has validity of 05 years. After the due date, in order to maintain its validity, owner of the industrial design shall file application for renewing industrial design in Vietnam.

Documents and procedures of renewing industrial design in Vietnam as hereafter:

Renew Industrial Design in Vietnam
1-Validity Duration  An Industrial design once registered is valid for a term of 5 years and can be renewed every 5 years for the next two times)
2- Expiration date to renew Six months before from expiry date of registration of five years
3-Required documents Power of Attorney (according to form of SBLAW)Industrial Design Certificate

 

Protection of Utility Model in Vietnam

By
sblaw
-

SBLAW would like to introduct the procedure of filing utility model in Vietnam as follows:

 

1. Criteria for protection of utility model (utility solution) under the Vietnam IP Law:

  • Novelty
  • Industrial applicability

2. Time Frame of utility solution (utility model) application in Vietnam as follows:

A Vietnam utility model (utility solution) shall be passed through three stages:

Time Frame

Content of examination
Formality examination of utility model application/utility solution application in vietnam 1 month from the filing date (if all required document is submitted)
or from the date of supplementation of all documents.		 Examination of formality of utility model application/utility solution application
Publication of utility model application/utility solution application 19 months counted from the date of acceptance of utility model application/utility solution application Publishing utility model application/utility solution application in IP Gazette
Substantive examination of utility model application/utility solution application 13 months from the publication date of required date Examination of criteria of protection of utility model application/utility solution application.

 

3. Required document for filing utility model application in Vietnam/ utility model application/utility solution application in Vietnam

  • Specification of utility model/utility solution
  • Power of Attorney (POA)
  • Certified document for claiming priority right (if any).

Note:

  • Utility model application/utility solution application claiming Paris Convention priority must be filed within 12 months from the priority date.
  • In Vietnam, the process of utility model application/utility solution application may be considerably accelerated if any if its patent family in US, EU or JP was already granted.
  • After receiving the above mentioned document, we will prepare and file patent application into NOIP.

4. Validity of protection of Utility Model in Vietnam as follows:

Under the Vietnam IP LAW, Validity of protection of Utility Model in Vietnam is 10 years counted from the filing date.

What is the purpose of registering the company name?

By
sblaw
-

Questions: What is the purpose of registering the company name? Please advise how long it takes to receive trademark registration?

Answer: Regarding the purpose of registering your company name, it is to avoid other people trading under your company name in Vietnam. It shall ensure that you will have exclusive rights to the trademark and enforce your rights.

It is highly recommended that you should register your company. If you successfully register your company name, any one using your company as a part of the whole trademark.


Regarding time frame of trademark registration in Vietnam, it shall take one day to receive filing applications number and filing date; 11-13 months to receive the final decision on registrability of this trademark.

Recordal of the assignment of trade mark

By
sblaw
-
Search and protect his trademark in Vietnam

Question:  Please advise the documentation required to attend to the recordal of the assignment of the marks into the new owner’s name?

Answer: SBLAW would like to advise you on procedure and our fee schedule in relation to trademark assignment recordal in Vietnam as follows:

1. Procedure and timeline

Normally, the assignment recordal will be processed within 4-6 months from the filing date in case of no office action raised during the examination process. Otherwise, the term may take longer to a further 2-3 months.

2. Required information and documents

To proceed with the recordal, the following information/documents are required

(i) Name and address of the Assignor and Assignee;

(ii) Original Powers of Attorney which are signed by both Assignor or Assignee. No notarization or legalization is required.

(iii) The original registration certificates for endorsement purpose;

(iv) Two (02) original or certified true copies of the Deed of Assignment.

Notes: The Deed of Assignment should be signed by both Assignor and Assignee in each page thereof.

No notarization or legalization is required.

For your information, as stipulated, the Deed of Agreement should include but not limited to the following contents:

– Name and address of the Assignor and Assignee;

– Details of the Assigned Trademark including trademark, registration number, class of goods/services, issuance date of the registration;

–  Assignment fee (actual or nominal fee are both acceptable)

–  Rights and obligations of involved parties;

–  Regulations on amendment, termination, dispute settlement;

–  Time and place of signing the Agreement.

Vietnam– Recordal of Trademark License Agreement

By
sblaw
-
trademark in vietnam

SBLAW would like to advise you on procedure for recordal of trademark license agreement and the related matters as follows:

1.BRIEF ON PROCEDURE

Licensing means the trademark owner (the Licensor) grants a permit to a third party (the Licensee) in order to commercially use the trademark legally1 grant a permit to one or various individuals/legal entities to use his mark while the ownership towards the licensed trademark is still belong to the Licensor.

The License Agreement should be in written form. To be effective to any third party, the License Agreement must be recorded with the competent authority (Trademark Office of Vietnam – NOIP).

The most important condition for such a recordal is that the licensed trademark acquires protection in Vietnam and only when the registration certificate for the licensed mark is issued, can the recordal be proceeded before the NOIP.

As stipulated, the License Agreement should include but not limited to the following contents:

– Name and address of the Licensor and Licensee;

– Details of the Licensed Trademark including trademark, registration number, class of goods/services, issuance date of the registration;

– Scope of license including type of contract (exclusive or non exclusive); territory the license covers, period for the license;

– License fee (actual or nominal fee are both acceptable)

– Rights and obligations of involved parties;

– Regulations on amendment, termination, dispute settlement;

– Time and place of signing the Agreement.

2.REQUIRED INFORMATION/DOCUMENTS

To proceed with the recordal of license agreement, the following information/documents must be provided:

• 02 original copies of the License Agreement;

• A simple copy of the registration certificate of licensed mark;

• An original Power of Attorney signed by the Requester.

Notes: In the Agreement, the Licensor (oversea company/individual) is required to sign only (on each page of the Agreement). No notarization or legalization is required. For the Licensee (local company), the Agreement should be signed and sealed (also in every pages of the Agreement).

3.TIME LINE

As stipulated, the statutory time for recordal of a Licensed Agreement is 5-6 months from the filing date. It however may take longer in practice due to the backlog of the NOIP (1-2 months). During the prosecution, we will follow up the case, dealing with any office action (if any) and report to you once the recordal completes.

Required documents for settling the infringement and border control in Vietnam

By
sblaw
-
Recordal of assignment/licence agreement of trademark in Vietnam

SBLAW would like to inform you the required documents for settling the infringement and border control in Vietnam as below:

1.The required document for settling the IP infringement action of Infringer Company

In order to settle the infringement action of infringer, please prepare and send us the following documents/samples:

– 04 notarized and legalized POA (as attached file, it will also used for border control);

– 04 notarized and/or legalized copies of all certificate of trademark registration (it will also used for border control);

– 02 sample of infringer’s product;

-The bill of infringer Company .

The time frame for settling the infringement action of infringer could be estimated as below:

 – Filing the request for examination: 3 working days from the received date of all necessary documents from your side;

– Obtaining the examination result: 15-20 working days counted from the filing date of the request;

– Request the inspector of Ministry of Science and Technology to handle and settle the infringement: 03 working days based on your instruction;

– Obtaining the result of the inspection: 4-9 months depending on the workload and complication of the case.

2.  The required documents for requesting the customs to carry out the border control

– The list of legal importer/exporter of products bearing the protected trademark;

– The pictures of authentic products;

– The documents proving the origin of the authentic products (if any);

– The method of import/export of the legal importers/exporters in Vietnam (if any)

The time frame for this work is 30 working days counted from the filing date of the application to General Department of Customs.

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