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Protection of trademark, trade name and geographical indication in Vietnam

By
sblaw
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SB Law – IP International Law Firm  provides clients with legal services protecting trademark, trade name and geographical indication in Vietnam  as follows:

1. Providing legal advice and representing clients in the rights formation over trademarks in Vietnam:

– Giving legal opinion on the registrability and use of trademarks;

– Giving legal opinions on the selection and use of trademarks in Vietnam market;

– Searching trademark on the registrability;

– Filing trademark applications at NOIP;

– Giving legal advice and conducting the assignment recordal of trademark applications

– Giving legal advice and conducting the changes recordal of trademark applications; such as, the name or address of the  applicants, the list of goods/services under NICE 10, or a sample of the trademark application;

– Providing legal advice on and proceeding with the changes recordal relating to the granted Certificates of trademark registration based on the ownership assignment and merger; or recordal of name change and/or address of the owner of the Trademark Registration Certificate.

2.Giving legal advice and representing clients in works concerning the renewal of the validity of trademark registration certificate at NOIP:

  • Advising and renewing validity of trademark registration certificate;
  • Advising on the use of registered trademarks in Vietnam to avoid cancelation process.

3. Giving legal advice and representing clients in filling  trademark applications under The Madrid System (Madrid protocol and agreement);  filling trademark applications in EU, ASEAN countries, USA, Japan, China and other countries.

4. Giving legal advice and representing clients in the formation and use of the rights over trade names in Vietnam

5. Providing legal advice and representing clients in the formation and use of the rights over geographical indication in Vietnam.

Protection of inventions/utility solutions in Vietnam

By
sblaw
-

SBLaw Firm provides clients with legal services relating inventions/utility solutions as follows:

– Giving opinion on the patent-ability of inventions and utility solutions;

– Conducting patent searches in Vietnam

– Researching and providing information of inventions/utility solutions and science technologies in Vietnam and other countries such as nations of Asean, Europe Union, USA, Japan, Hong Kong, Korea, China, Russia;

– Giving opinion on patent validity in Vietnam;

– Giving opinion on patent infringement case in Vietnam;

– Patent proceedings before the National Office of Industrial Property of Vietnam (NOIP) including protests and petitions;

– Prosecution and defense of claims of patent infringement in the Vietnam Courts and other authorities;

– Consultation and patent prosecution under PCT phares.

– Designating lawyers to take part in negotiating, drafting, assessing and registering the contracts which relate to used rights, owned rights and transferred patent inventions protected in Vietnam and in foreign countries.

Protection and anti-piracy of copyright in Vietnam

By
sblaw
-

SBLAW would like to provide you some information about protection and anti-piracy of copyright in Vietnam as follows:

Copyright infringement in Vietnam is now increasing sharply. An author or owner of a copyright work has the right to claim for protection if any of the following acts is conducted with respect to that work without his/her content:

  1. Publicizing or disseminating a work; performing a theatrical work broadcasting a film or video tape ; making audio or visual recordings or a live broadcast from the place of performance;
  2. Adding, reducing or amending the contents of the work;
  3. Imitating plastic art works for sale or for personal use;
  4. Copying the contents of another person’s work to put into one’s own work;
  5. Duplicating, setting or assembling radio and/or television programs, audio tapes  and disks, music tapes and disks , film and computer software for the commercial purposes;
  6. Translating , re-creating, transforming or adapting works,

According to the Vietnam Civil Code and IP Law, in case his/her  copyrights are infringed, the author or owner of the work shall be entitled to request inspectors of the Ministry of Information and Communication to compel the infringer to cease the infringement, to apologize publicly, to issue a public rectification, and/or to compensate for damage.

According to Vietnam IP Law, copyright disputes and infringement shall be handled under administrative, civil or criminal procedures.

Copyright Registration and Protection in Vietnam

By
sblaw
-

SBLaw would like to provide you the legal procedure of copyright registration and protection in Vietnam as follows:

1.Required documents:

– Two sets of your works. (in case the works is computer software, it should be recorded in 02 CDs);

– Documents identifying that you are legitimate author or owner of the above works;

– The Description of the works in case it is computer software.

– Notarized Power of Attorney in favor of our firm (S&B Law).

It takes about 10 days to obtain the Certificate of Copyright or Certificate of Ownership if there are not any obstacles.

Note:

If a mark was decorated in form of an art work and, it can be granted for Certificate of Copyright.

Therefore, when this mark can not be granted for Certificate of Trademark Registration due to cited marks or other causes, the owner may apply for Certificate of Copyright.

2. Our fee

The fees for copyright matters in Vietnam are dependent on the actual works.

Usually, clients are charged US$ 100-150 for registration of an applied fine art work and US$ 1000 – 2000 for an anti-piracy case.

SBLAW will immediately provide the total estimated cost for specific case upon client’s request.

Protect your industrial design in Vietnam

By
sblaw
-

If you have a industrial design and would like to register it, SBLaw would like to inform you some information about protecting your industrial design in Vietnam for your reference:

Criteria for protection    Novelty Pattern for industrial or handicraft manufacture
Required documents
  1. Description;
  2. Six (06) sets of photographs/drawings in the same ratio comprising front, back, top, bottom, left, right and perspective views. Dimension of representation should not be larger than 210mm x 297 mm (A4 size) and not be smaller than 90mm x 120mm.
  3. Power of Attorney for SBLaw
  4. Deed of Assignment of Right to file application (if any)
  5. Priority document (if any)
Approximate time to obtain Design Patent           12 months
Renewal
  • Maximum renewals: 2 times
  • Renewal should be paid within 6 months prior to the expiry date (a grace period of 6 months expiry date is available providing that the Design Owner must pay late renewal fee)
Term of Validity             5 years (each term)

15 year (maximum, 2 times of renewal)

Re-grant, renewal and revocation of registered copyright certificates and registered related rights certificates

By
sblaw
-

According to the Article 55 in IP Law, the provisions of re-grant, renewal and revocation of registerd copyright certificates and registered related copyright certificates as follows:

1. Where a registered copyright certificate or registered related rights certificate is lost or damaged, or

where the copyright holder or related rights holder  is changed, the competent agency defined in

Clause 2, Article 51 of this Law shall re-grant or renew such registered copyright certificate or

registered related rights certificate.

2. Where a registered copyright certificate or registered related rights certificate grantee is not the

author, copyright holder or related right holder, or where the registered work, phonogram, video

recording or broadcast is ineligible for protection, the competent state agency defined in Clause 2,

Article 51 of this Law shall revoke such registered copyright certificate or registered related rights

certificate.

3. Organizations and individuals that detect that  the grant of registered copyright certificates and/or

registered related rights certificates is contrary to the provisions of this Law are entitled to request the

state management agency in charge of copyright and related rights to revoke such registered copyright

certificates and registered related rights certificates.

Granting, Recording and publication of registered copyright or registered related rights

By
sblaw
-

According to the Article 52 in IP Law, time limit for granting registered copyright certificates or registered related rights certificates as: Within fifteen working days after the receipt of  a valid dossier, the state management agency in charge of copyright and related rights shall have to grant a registered copyright certificate or registered related rights certificate to the applicant. In case of refusal to grant registered copyright certificates or registered related rights certificates, the state management agency in charge of copyright and related rights must notify such in writing to the applicants.

According to the Article 54 in IP Law, Recording and publication of registered copyright or registered related rights  as follows:

1. Registered copyright certificates and registered  related rights certificates shall be recorded in the national register of copyright and related rights.

2. Decisions on grant, re-grant, renewal or revocation of registered copyright certificates and registered related rights certificates shall be published in the Official Gazette on copyright and related rights.

Applications for registration of copyright or related rights

By
sblaw
-

According to the Article 50 in Vietnam Intellectual Property Law, An application for registration of copyright or related rights comprises:

a/ A written declaration for registration of copyright or related rights.

A written declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application, fully stating the information on the applicant, author, copyright holder or related rights holder; summarized content of the work, performance, phonogram, video recording or broadcast; the name of the author, the title of the work used to make derivative work in cases where the to be-registered work is a derivative work; the date, place and form of publication; the guaranteed responsibility for information stated in the application.

The Culture and Information Ministry shall set the  form of written declarations for copyright or related right registration;

b/ Two copies of the work subject to application for copyright registration, or two copies of the fixed object subject to the related right registration;

c/ A letter of authorization where the applicant is the authorized person;

d/ Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from or assignment by another person;

e/ Written consent of co-authors, for works under joint authorship;

f/ Written consent of co-owners if the copyright or related rights are under joint-ownership.

Using a geographical indication in Vietnam

By
sblaw
-

According to the Article 124.7 in Intellectual property Law, use of a geographical indication means the performance of the following acts:

a/ Affixing the protected geographical indication on goods or goods packages, means of business and transaction documents in business activities;

b/ Circulating, offering, advertising for sale or stocking for sale goods bearing the protected geographical indication;

c/ Importing goods bearing the protected geographical indication.

 

Issue the GI Registration Certificate

By
sblaw
-

If the Geographical Indication Registration Certificate is granted, the NOIP shall request the applicant to pay the fee for the grant of a GI Registration Certificate , the fee for notification of the Registration Certificate grant decision, the registration fee and the fee for maintenance of the first year’s validity of the patent.

Within 10 days after applicants pay fully and on time the fees and charges, the NOIP shall carry out the procedures for granting the Registration Certificate for the invention.

The GI Registration Certificate shall be recorded in the National Register of Inventions and the decision on granting the GI Registration Certificate shall be published by the NOIP in the Industrial Property Official Gazette within two (2) months from the date of issuance and after applicants pay a publication fee.

Substantive Examination of GI application in Vietnam

By
sblaw
-
The purpose of substantive examination of GI applications is to assess the eligibility of objects claimed in the application under the requirements and corresponding protection scope. An examination will be carried out by examiners of the NOIP within 6 months from the date of publication.
 If the applicant, in the course of substantive examination, corrects or supplements documents or makes justifications on his/her own initiative or upon the request of the NOIP, the time limit for substantive examination may be prolonged for a period of time during which the applicant does so.

Notification of substantive examination results in Vietnam

By
sblaw
-
On the date of expiration of the time limit for substantive examination of an application at the latest, the NOIP shall send to the applicant one of the following notices:
*       a notice on its intended refusal to grant a GI registration, clearly stating the reason(s) for refusal and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to give opinions and satisfy the requirements (the applicant may request prolongation of the above time limit), if the object claimed in the application fails to satisfy the protection conditions;
*       a notice on its intended refusal to grant a GI registration, clearly pointing out errors and setting a time limit of two (2) months from the date of issuance of the notice for the applicant to justify or correct errors  (the applicant may request prolongation of the above time limit), if the object claimed in the application satisfy the protection conditions but the application still contains errors;
*        a notice on its intended grant of a GI registration and request the applicant to pay the fee as referred to in the Item (9), if the object claimed in the application satisfy the protection conditions or the applicant satisfactorily corrects errors or makes reasonable justifications within the time limit above.

Refuse to accept the valid application under Vietnam IP Law

By
sblaw
-
Stamp with word refuse inside, vector illustration
The refusal  accept the valid application of Vietnam Industrial design registration is realized as follows:
If the applicant to whom the NOIP has sent a notice on its intended refusal of the application fails to correct errors or unsatisfactorily corrects errors or makes no opposition or makes unreasonable opposition to the intended rejection within the set time limit, the NOIP shall send a notice on its refusal of the application and, upon the applicant’s request, refund the paid fees and charges for jobs to be done after the formality examination.
Applicants and all organizations and individuals having rights and interests directly related to may lodge a complaint with the Director General of NOIP or initiate a lawsuit at court if they disagree with this decision within 90 days from the date of receiving the notice of this decision.
Within 10 days from the date of receipt of a complaint about the notice, the NOIP shall issue a notice of acceptance or rejection of such complaint, clearly stating the reason(s) for rejection.
Upon the expiration of the time limit for settlement of the complaint about decisions or notices concerning the application for GI registration (the 1st complaints) by the NOIP such notice, if the complaint is not settled or the complainant disagree with complaint-settling decisions of the NOIP, the complainant or person having rights and interests directly related to those decisions may further lodge their complaints (the 2nd complaints) to the Minister of Science and Technology or initiate a lawsuit at court within 30 days from the date of expiration of the time limit for settlement of the 1st complaint if by that date the 1st complaint is not settled, or from the date the person having the right to complaint receives or knows about the decision on settlement of the 1st complaint. Upon the expiration of the time limit for settlement of the 2nd complaint above or if the complainant disagree with complaint-settling decisions of the Minister of Science and Technology, such complainant or person may initiate a lawsuit at court.

The application for a Vietnam GI registration

By
sblaw
-
The GI application shall consist of the following documents:
a)     A request made in prescribed form (as prescribed in the Circular No. 01/2007/TT-BKHCN);
b)    Documents, samples, information identifying the GI as provided for in Articles 106 of the IP Law 2005 of Viet Nam (e.g. a description of particular characteristics and quality of products bearing the geographical indication and a map of the geographical area subject to the geographical indication, …);
c)     Power of attorneys, if the application is filed through a representative;
d)    Documents evidencing the right to registration, if acquired by the applicant from another person;
e)     Documents evidencing the priority right, if claimed;
f)   Receipt of fees and charges.
All documents of the application shall be in Vietnamese, except for the documents mentioned at point c, d, e and other documents supporting the applications, which can be made in another language but shall be translated into Vietnamese at the request of NOIP.
Upon receipt of an application, the NOIP shall check the application’s documents before deciding whether or not to receive the application. If the application contains at least the documents specified at point a, b and f above, it will be accepted, other wise, it will be rejected.

Filing the Geography Indication Application

By
sblaw
-
Filing the Vietnam Geography indication application is carried out as following:
The application for a GI registration must be filed directly or by mail to the National Office of Intellectual Property of Viet Nam (NOIP) or its brand offices in Ho Chi Minh City or Da Nang.
Organizations, individuals of Viet Nam, foreign individuals permanently residing in Viet Nam and foreign organizations and individuals having a production or trading establishment in Viet Nam may file applications for a GI registration either directly or though a lawful representative in Viet Nam.
Foreign individuals not permanently residing in Viet Nam, foreign organizations and individuals not having a production or trading establishment in Viet Nam shall file applications for a GI registration through a lawful representative in Viet Nam.
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