Upcoming event in August – IP week 2016 is an annual event organized by Intellectual Property Office of Singapore (IPOS), IP Academy Institute, IPOS International and IP ValueLab. This is opportunity for attendees to understand more about Intellectual property (IP). Moreover, attendees discuss, find out chances to introduce their business or cooperate with other companies. With the concentration on “Powering the Innovation Cycle through IP” and another special fair “the IP Ecosystem Fair”, IP week 2016 is an attracting and useful event.

The IP Week @ Singapore 2016 will be held from 22 to 24 August 2016 at the Marina Bay Sands Expo and Convention Centre in Singapore.

Source: http://www.noip.gov.vn/web/noip/home/en?proxyUrl=/noip/cms_en.nsf/(agntDisplayContent)?OpenAgent&UNID=4B0B7CB61018A56047257FE80034EEDE

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include: brand names, slogans, and logos. The term “trademark” is often used in a general sense to refer to both trademarks and service marks

Unlike patents and copyrights, trademarks do not expire after a set term of years. Trademark rights come from actual “use” (see below). Therefore, a trademark can last forever – so long as you continue to use the mark in commerce to indicate the source of goods and services. A trademark registration can also last forever – so long as you file specific documents and pay fees at regular intervals.
Must all trademarks be registered? No, registration is not mandatory. You can establish “common law” rights in a mark based solely on use of the mark in commerce, without a registration. However, federal registration of a trademark with the USPTO has several advantages, including a notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration. For more information about “common law” trademark rights and the advantages of federal registration see the Basic Facts About Trademarks brochure.
Each time you use your mark, it is best to use a designation with it. If registered with the USPTO, use the ®symbol after your mark. If not yet registered, you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark.
NOTE: Use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services may qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of obtaining a certificate to do business or as an assumed name filing. For example, in a state where you will be doing business, you might file documents (typically with a state corporation commission or state division of corporations) to form a business entity, such as a corporation or limited liability company. You would select a name for your entity, for example, XYZ, Inc. If no other company has already applied for that exact name in that state and you comply with all other requirements, the state likely would issue you a certificate and authorize you to do business under that name. However, a state’s authorization to form a business with a particular name does not also give you trademark rights and other parties could later try to prevent your use of the business name if they believe a likelihood of confusion exists with their trademarks. For more information on when a designation may function as both a business name (“trade name”) and a trademark or service mark, see TMEP §1202.01
A patent is a limited duration property right relating to an invention, granted by the United States Patent and Trademark Office in exchange for public disclosure of the invention. Patentable materials include machines, manufactured articles, industrial processes, and chemical compositions. The duration of patent protection depends on the type of patent granted:
• Design Patents – 15 years from issuance for applications filed on or after May 13, 2015 (14 years from issuance if filed before May 13, 2015)
• Utility patents and plant patents – 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed.
Under certain circumstances, patent term extensions or adjustments may be available. For information on patents, please visit Patents or contact 800-786-9199.

A copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. The duration of copyright protection depends on several factors. For works created by an individual, protection lasts for the life of the author, plus 70 years. For works created anonymously, pseudonymously, and for hire, protection lasts 95 years from the date of publication or 120 years from the date of creation, whichever is shorter.

Source: http://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright

Computer technology penetrates nearly all areas of our life, not only in business environments but also in daily surroundings. But a computer cannot operate without instructions. These instructions, so-called computer programs or software, may be incorporated in the computer or any other apparatus, but are often stored, reproduced and distributed on portable media such as CD-ROMs or transmitted on-line.

Once created, it is often possible to reproduce software easily at very low cost, and in unlimited quantities. Although copyright protection is available for “literal expressions” of software, it does not protect the “concept” behind the software, which often is a core part of its commercial value. Since such concepts frequently fulfil technical functions, such as controlling machines or processing data, the patent system is often available to protect software-related inventions that involve such technical functions.

Generally, several approaches have been taken in protecting software by means of patents. While some countries grant patents for all types of software, computer programs are expressly excluded from patentable subject matter in many countries. However, in many of those latter countries, computer programs are only not patentable “as such” thus making it possible to obtain patent protection for computer program-related inventions with a technical character. As justification for excluding software from patent protection, it is often said that innovation in this field typically involves cumulative, sequential development and re-use of others’ work, and that the need to preserve interoperability between programs, systems, and network components does not fit with the mechanisms of the patent system because the range of options available to the second-comer may be constrained. On the other hand, some argue that patent protection of computer software is necessary in order to provide adequate incentive for investment in this field and to support innovation in various technological areas, which are increasingly developing hand-in-hand with computer technology.

Business methods

In recent years, another similar issue has arisen: namely the question of the patentability of business methods. Traditionally, business methods have been either in the public domain or protected under trade secret law. Today, however, information technology offers possibilities for new business models, using information technology as a tool for processing and transmitting various data, such as technical, commercial and financial data. Due to the high economic stakes associated with such new business methods and the expansion of e-commerce in our society, the debate on the feasibility of patenting business methods has continued at various fora.

Source: http://www.wipo.int/patents/en/topics/computer_programs.html

On 1 April 2016, the National Office of Intellectual Property of Viet Nam and the Japan Patent Office (JPO) jointly launched the Patent Prosecution Highway (PPH) Pilot Program. This is NOIP’s first ever PPH Pilot Program ever with another IP Office.

HÀ NỘI — Registration of geographical indications (GIs) is a good way to protect trademarks, improve a business’ position in the world market and easily enter demanding markets, including the EU, experts said.

Speaking at the workshop on Commitments on the GIs in the EU-Việt Nam Free Trade Agreement (EVFTA), jointly held by the European Trade Policy and Investment Support Project (EU-MUTRAP) and the Ministry of Science and Technology in Hà Nội yesterday, experts said counterfeit goods had been plaguing the world. Currently, the EU recognises only the Phú Quốc sausage as a Vietnamese GI product out of the 7,000 GIs granted in the major market.

Trần Việt Thanh, deputy minister of Science and Technology, said GI products could be more competitive than other products as they are recognised for their quality and trademark.

“Việt Nam has several high-quality products unique to each locality. However, the issue of GIs should be given attention as the country has only one GI product in the large EU market,” Thanh said.

He said businesses have not fully understood the importance of the GI registration. Việt Nam should learn from the experience of working in the demanding market to build a GI management system, thus improving its export value.

Jana Herceg, deputy head of the Economics and Trade Section of the EU Delegation to Việt Nam, said the country had several famous products, such as dragon fruit, coffee and tea.

Viet Nam could exploit these products to benefit from the registration of GIs, she said.

The country should build a national system for quality control when considering and recognising GI protection. This could help the country’s products surpass technical barriers to penetrate the EU market, she added.

“GI owners would have both opportunities and challenges. This is why they should focus on enhancing quality, promoting their trademark and marketing their products,” she said.
Lưu Đức Thanh, head of the office’s GI and international brand division, has said in the past that Việt Nam had been selling a number of well-known products without GIs, which had led to the lack of a legal foundation for dealing with counterfeit goods.
Việt Nam currently has 43 products with registered GIs, varying from flowers, fruit and food to consumer goods. They come from across the country, including Hà Giang Province in the northern mountainous region, Quảng Ninh Province in the northeast, Thanh Hóa Province on the northern central coast and Vĩnh Long or Bạc Liêu in the Mekong Delta, according to Đào Đức Huấn, Director of the Rural Development Centre.
He pointed out the lax exploitation and management of Việt Nam’s GIs, resulting in the widespread counterfeiting of GIs domestically and abroad.
An obstacle to GI protection is that producers are working separately. As many producers and farmers have not fully understood the importance of GI protection, they have not attempted to actively co-operate with each other. Instead, they compete unfairly, affecting the creation of products specific to each region.
Huấn also noted the lack of funding for GI registration and overseas market development strategies.
Claudio Dordi, technical assistance team leader of the EU-MUTRAP, said the effective management of GI-registered goods needed the close co-ordination of enterprises, industry associations, local management agencies and independent quality certification bodies in each locality.
Việt Nam and the EU concluded negotiations on their FTA in Brussels last December.
The EVFTA will eliminate 99 per cent of import tariffs on Vietnamese goods delivered to the EU and vice versa after seven to ten years. It is expected to increase Việt Nam’s exports to the EU by 4 per cent and EU exports to Việt Nam by more than 3 per cent each year.
The EU is one of the top trade partners of Việt Nam, with bilateral trade increasing from US$17.75 billion in 2010 to $41.4 billion in 2015. — VNS

Source: http://vietnamnews.vn/economy/298850/businesses-urged-to-promote-gis.html#8CYZXdQ5HBD5EgZx.99

Question: Please provide us the Quotation for Intellectual Property Registration in Vietnam?

Answer: Thank you very much for your interest in our IP service. Regarding the subject matter, as one of the leading Vietnamese law firms, we are capable of assisting you with handling all IP matters in Vietnam in an efficient and cost-competitive manner. For your further information, we cordially invite you to visit our official website at www.sblaw.vn.

Regarding your enquiries concerning the subject matter, we would like to advise you procedure and our fee schedule in relation to the intellectual property registration proceeding in Vietnam as follows:

I.PATENT/UTILITY SOLUTION REGISTRATION

1.Procedure

 1.1. Protection criteria:

A patent shall be eligible for protection in the form of a Patent for Invention/Utility Solution when it satisfies these following conditions:

 1.2 Validity of Patent for Invention/Utility Solution:

Patent for Invention shall have a validity starting from the granting date and expiring at the end of 20 years counting from the filing date.

Patent for Utility Solution shall have a validity starting from the granting date and expiring at the end of 10 years counting from the filing date.

1.3.Procedure and timeline:

A patent application will be examined through the following process:

Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

1.4.Required documents and information:

For us to filing a patent application, the following documents/information should be provided:

• The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required (The copy of the POA can be accepted at the time of filing but the original one must be lodged within 01 month from the filing date);
• The paper on assignment of the right to file an application in the national phase (if any) within 34 months from the date of priority;

• The copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);
• Name and address of:

• Applicant;
• Author(s) of invention/utility solution;
• A soft copy in word format of the English specification of the application for translation into Vietnamese is requested to provide via email at the time of instruction.

1.5.Fee schedule

 The basic fees are calculated based on the number of independent claim, pages of Vietnamese specification, priority claims and words of specification of the patent. Details are as follows:

Note: The above cost includes Official fee and Agency fee; exclude 5% VAT, bank charge ($30-40) and communication costs ($30-40); do not include additional fees in case of refusal in formality examination or being opposed by the third party or refusal in sustainable examination. In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

II.INDUSTRIAL DESIGN REGISTRATION

 1.Procedure

 1.1.Protection criteria:

A industrial design shall be eligible for protection in the form of the grant of a Patent for Industrial Design when it satisfies the following conditions:

1.2.Validity of Patent for Industrial Design:

Patent for Industrial Design shall have a validity starting from the granting date and expiring at the end of 05 years counting from the filing date. It may be renewed for two consecutive terms, each of 05 years.

1.3.Procedure and timeline:

An industrial design application will be examined through the following process:

Kindly note that the term for registration process normally takes longer to several months in practice due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

2.4.Required documents and information:

For us to filing a patent application, the following documents/information should be provided:

The Power of Attorney which is only simply to be signed by the Applicant, neither notarization nor legalization is required;

Name and address of:

• Applicant;
• Author(s) of industrial design;
• Title of the industrial design;

Indication of the kind of products for which the industrial design is to be used;

1. Priority document (if any);
2. The set of picture of the industrial design under the guideline of SBLAW;

2.5.Fee schedule for registration of 01 industrial design

According to the information as you provided, we are pleased to inform you the registration fee for 01 industrial design in a favorable case is ……………….. (…………………………….).

 Note: This fee include the office fee of NOIP and our agency fee, fee for granting patent; exclude 5% VAT, fee for responding NOIP’s Action, fee for amending the application (If any). We will inform you all arising fees for your decision before taking any action.

 III. TRADEMARK REGISTRATION

3.1.Procedure and Timeline

The duration of a trademark search is around 10-15 working days.

The duration of trademark application is around 14-18 months – from the filing date to the actual receipt of the registration. The process involves these stages: (1) formality examination and publication in the Gazette (3 months); (2) substantive examination (9 months) and (3) issuance of registration certificate of the registered mark (2 months). Kindly note that the term for registration process in practice normally takes up to several months longer due to the workload of the NOIP and the slow examination process by the NOIP’s examiner.

 3.2Fee Schedule

In Vietnam, multi-class application is applicable. The basic fees are calculated based on the number of class of goods/services (G/S) in each application as well as the number of products designated in each class in the application.

Below is the breakdown of charges for search and registration for one trademark in a smooth case, for your consideration:

 Fee for searching of 01 trademark/01 class

 Fee for registration of 01 trademark

Note: The above-quoted fees include Official Fees and Attorney Fees, 5% VAT; do not include additional fees in case of refusal in formality examination or being opposed by the third party or refusal in sustainable examination (e.g: due to similarity/to identity with other trademarks which were already registered…) In case of any office action or any possible opposition which may occur during the application proceedings, an additional charge may be incurred, upon your approval.

 3.3.Required Documents and Information

• Name and address of the Applicant;
• List of Goods/Services;
• Specimen of the applied mark (soft version);
• An original Power of Attorney which is simply signed by the Applicant (our form in attachment) (Please be informed that a scanned/faxed copy of the Power of Attorney is acceptable upon filing provided that the original copy is submitted within 01 month from the filing date).