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Legal Service on Copyright in Vietnam

By
sblaw
-

SBLAW provide the copyright legal service in Vietnam as follows:

  • Consulting legal issues which relate regulations of copyright and related rights;
  • Representing authors, holder of the copyrights, holder of related rights in conducting procedure of submitting applications in order to register copyrights and related rights delegated;
  • Taking part in legal relations associating with copyrights and related rights so as to protect legal interests of authors, holder of copyrights and related rights in delegation;

PCT Regime in Vietnam

By
sblaw
-

S&B Law would like to provide you guideline for PCT Regime in Vietnam as follows:

I.ENTRY INTO NATIONAL PHASE 

• 31 months from priority date.

Note: The International Preliminary Examination Report (IPER) is a strong reference for patent examiner.    

II. REQUIRED DOCUMENTS

1.  Copy of PCT application and amendment thereof;

2.  International Search Report and IPER (recommended);

3.  Deed of Assignment (DoA), if any;

4.  Power of Attorney (PoA);

Note: PCT applications can be filed without PoA, DoA. However, the originals should be submitted within 34 months counted from the priority date of the applications.

III. PROCEDURE IN NATIONAL PHASE  

Duration of Formality examination:     1 month from the filing date

Deadline for examination request:        42 months from the priority date

Duration of Substantive examination:  12 months from the date of examination request or date of publication (if examination request is filed upon filing.

Note: In Vietnam, process of a PCT application may be considerably accelerated, if any of its patent family in US, EU, JP was granted.

Dispute resolution and enforcement of IP rights in Vietnam

By
sblaw
-

SBLAW is one of the most successful intellectual property law firm in Vietnam, we provide legal service on dispute resolution and enforcement of IP rights:

1.Providing legal opinion, representing clients to work with Vietnamese authorities such as NOIP in dealing with appeals applications concerning the acquisition of industrial property rights:

  • Filling appeal application against refusal decisions of granting protection titles for industrial property objects (trademarks, patent and industrial design);
  • Filling opposing applications for registration of industrial property objects (trademarks, patent and industrial design);
  • Filling an appeal application against decisions on the granting title of protection for industrial property objects (trademark, patent, industrial design);

2. Advising, representation for clients and work with Vietnam competent authorities in the enforcement of their industrial property rights in Vietnam:

  • Working and obtaining from the Vietnam authority a conclusion and evaluation on any alleged infringing acts of industrial property objects;
  • Contacting and working with infringers and requesting them to stop their infringements;
  • Contacting working with Vietnam authorities to take appropriate actions against infringers;
  • Conducting anti-counterfeiting campaigns on behalf of client;
  • Being lawyers to protect clients’ right and interests in civil case at tribunals to solve intellectual property disputes.

Protection of copyright and related rights in Vietnam

By
sblaw
-

SBLAW – IP International Law Firm will provide the legal services concerning copyright and related rights as follows:

1. Advising matters related to the protection of copyright and related rights, including:

  • Searching on information related to the registration of copyrights in Vietnam;
  • Advising and obtaining the registration of copyrights;
  • Advising and representing clients in negotiations and the preparation of the licensing and/or assignment contract of copyright and other copyright-related contracts;
  • Filling an appeal application against decisions on the granting or refusal of granting a certificate of registration of copyright at Copyright Authority.

2. Providing legal opinion and representation for clients in the enforcement of copyright and neighboring rights, including:

  • Contacting and working with the infringers to request them stopping their infringements
  • Working with the Vietnam competent authorities and requesting them to take actions against infringers;
  • Being lawyers to protect clients’ interest and rights in civil case at tribunals to solve copyright infringements in Vietnam.

3. Advising information technology (IT) law of Vietnam, such as the copyright protection of computer software and works, metarials distributed through the Internet.

Legal service on protecting of industrial design in Vietnam

By
sblaw
-

SBLAW will provide the legal service on protecting of industrial design in Vietnam as follows:

– Providing legal services relating to protection of industrial design in Vietnam:

– Giving legal opinion on the registrability of industrial design in Vietnam.

– Giving legal opinion on the use of industrial design in Vietnam;

– Conducting industrial searches on the registrability  and use of industrial design;

– Filing applications for the registration of industrial designs

– Advising and proceeding with the recordal of assignment of pending industrial design applications;

– Advising and and proceeding with the recordal of changes related to industrial design applications, such as  the name or address of the applicants;

– Advising and proceeding with the recordal of changes related to the granted Certificates of industrial design registration based on the ownership assignment and merger; or recordal of change of name and address of the owner of the Protection Certificate.

– Advising and representing clients to renew the validity of  industrial design.

Licensing, franchising and technology transfer in Vietnam.

By
sblaw
-

SBLAW provides legal advice and represent clients in the following works:

  • Negotiation and preparation of licensing and/or assignment agreements of industrial property rights such as patent, trademark, industrial design in Vietnam.
  • Franchising contracts and technology transfer contracts and carrying out legal procedures for approval and/or recordal of the above mentioned agreements, contracts at the Vietnamese authorities.

Protection of trademark, trade name and geographical indication in Vietnam

By
sblaw
-

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.

 

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