Opinion of Third Party Regarding the Grant of Protection Title

According to the law on Intellectual Property of Vietnam, any third parties have the right to send opinion to the National Office of Intellectual Property in Vietnam (NOIP) regarding industrial property right, granting or not granting protection title to an application. When a third party may give the opinion and how NOIP will handle that opinion?

 

Firstly, the third party has the right to send opinion from the time of publishing the industrial publication on industrial Gazette till before the date of issuing the decision on granting protection title. Accordingly, the opinion must be in written form and attached the documents or sources of information for evidences. The written opinion of the third party is also a source of information for examining the industrial application. 

Secondly, after the opinion of the third party submitted into NOIP, there would be the following cases:

-In case the opinion of the third party has legal grounds, NOIP will notify of the opinion to the applicant and set a time limit for applicant to reply to the written opinion. After receiving the response of the applicant, if necessary, NOIP informs that response of the applicant to the third party and set a time limit for third party to reply. After that time limit, NOIP shall process opinion of the applicant and the third party according to the evidence and arguments provided by the parties and documents included in the application. The third party shall also be informed of the results of substantive examination of corresponding application;

-In case the opinion of the third party is groundless, NOIP is not required to notify the applicant of those opinions but shall notify the third party of its refusal to consider the opinions, clearly stating the reason thereof;

-In case the opinion of the third party are related to the registration right, when finding it impossible to determine whether such opinions are supported with legal ground or not, NOIP shall notify the third party so that the latter can file a lawsuit to a competent court in accordance with regulations of the Civil Procedure Code. Within 01 month from the date on which the NOIP issues the notice, if the third party fails to send the NOIP the copy of the notice of case acceptance of the court, it will be considered that the third party has withdrawn the lawsuit and continue to process the application without the third party’s opinions. If the NOIP receives such copy within the abovementioned time limit, the NOIP shall suspend the application processing until the results of dispute settlement by the court are obtained. After the results of dispute settlement by the court are obtained, the application processing shall be resumed in accordance with those results.

Besides, during the above processing, NOIP may organize a face-to-face meeting between the third party and the applicant to further clarify the opposition.

If the client needs help with handling such complaint, our intellectual property attorney in Vietnam at ANT Lawyers will be of help.

ANT Lawyers in a law firm in Vietnam, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services to multinational and domestic clients.

 

 

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Brief Reminder of Time Schedule to Apply PCT Application into Vietnam

According to Vietnam Law on Intellectual property, a PCT applicant who would like to go into Vietnamese phase after the end of PCT procedures need to submit the application within the following duration:

 

Vietnam patent 

If an international application designates Vietnam, the National Office of Intellectual Property in Vietnam (NOIP) is the designated office. In this case, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following:

-Written declaration requesting invention registration, made according to a set form;

-Copy of the international application (if the applicant requests the entry into the national phase before the date of publication of the international publication);

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 of Patent Cooperation Treaty;

-National charges and fees.

If an international application elects Vietnam, the NOIP is the elected office. In this case, if the election of Vietnam is made within 19 months from the date of priority, in order to enter the national phase, the applicant shall submit, within 31 months from the date of priority, to the NOIP the following documents:

-Written declaration request;

-Sting invention registration, made according to a set form;

-Vietnamese translation of the international application: The description, consisting of a description section, protection request, annotations for drawings and abstract (the published copy or initially filed original application, if the application has not yet been published, and modified copy and explanation of modified contents, if the international application has been modified under Article 19 and/or Article 34(2)(b) of the Treaty);

-Vietnamese translations of annexes to the international preliminary examination report (when substantive examination of the application is requested);

-National charges and fees.

After having submitted the application, the time  when the processing of an international application designating or electing Vietnam in the national phase starts is the first day of the thirty second month from the date of priority if the applicant files no written request for entry into the national phase earlier than the above time limits. The international application shall be put to formality examination and substantive examination according to the procedures applicable to ordinary invention registration applications. If the applicant requests in writing earlier examination of his/her application and pay the prescribed charge, the international application shall be examined earlier than the time limit specified above in accordance with the provisions of Article 2 3(2) of the Treaty.

Please be noted that in addition to the cases where an international application is considered withdrawn specified in the Treaty and the Regulation on implementation of the Treaty, an international application designating or electing Vietnam shall be considered withdrawn if the national fees are not paid to the NOIP or there is no Vietnamese translation upon the expiration of the set time limit.

It is important to adhere to the deadline and patent attorney in Vietnam of ANT Lawyers always follow up with the Client to remind on the schedule to follow when submitting for PCT application in Vietnam.

ANT Lawyers is a law firm 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 advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

 

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Assignment of International Trademark Registration

In the progress of world integration, goods trading activities between countries and regions are becoming more and more developed, then the matters related to intellectual property is gradually being focused.

 

Recordal of Trademark Assignment in Vietnam

The individuals and organizations are aware of the benefit of registration the intellectual property subjects. In particular, they registered internationally for their trademark when widen their business abroad. After that, when trademark owner might wish to assign that granted certificate trademark to others for economic or other reasons.

What is the assignment of international trademark process?

In this case, international trademark was registered under Madrid agreement and Madrid Protocol, established under decision on acceptance for protection or international registration protected in Vietnam issued by National office of Intellectual property Vietnam (NOIP). Accordingly, the trademark application originated from Vietnam submitted to International office via NOIP. Thus, trademark owner whom wish to assign or register their trademark internationally pursuant to Madrid system would submit application via NOIP. However, for the application which appointed in the country which is the member of Madrid agreement, parties may request the international office to conduct the assignment procedure.

When conducting the assignment procedure via NOIP, applicant needs to prepare following documents:

-Declaration for international trademark assignment;

-Declaration of international office;

-The copy of international trademark certificate in Vietnam;

-The copy record of assignment to the local trademark;

Besides, other documents will be required based on specific cases.

If Client needs any other information or requires for further advice, our IP attorney in Vietnam at ANT Lawyers, the IP agent in Vietnam will be available for service.

ANT Lawyers is a law firm 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 advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

 

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Questionnaire in Anti-dumping Measures on Welding Materials From China, Thailand and Malaysia (AD15)

On March 18th, 2021, Ministry of Industry and Trade issued Decision no. 947/QD-BCT on conducting an investigation to apply anti-dumping measure on some types of welding materials with HS code 7217.10.10; 7217.30.19; 7217.90.10; 7229.20.00; 7229.90.20; 7229.90.99; 8311.10.10; 8311.10.90; 8311.30.91; 8311.30.99; 8311.90.00 originating from People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia (Product under investigation) (code AD15).

 

In AD15 case, Trade Remedies Authority of Vietnam (Investigating Authority) has sent questionnaire on quality and value to all foreign manufacturing/exporting enterprises which Investigating Authority knows in order for them to answer investigating questionnaire. The deadline for answering the questionnaire is before 5pm of April 19th 2021 (Hanoi time).

Content of this Questionnaire includes:

General information: Company details; Legal representative

Product under investigation: Scope of the investigation; Description of product under investigation

Information of quantity and value: Production and business activities of company in regard to product under investigation; Affiliate companies; Production capacity and total volume of product under investigation of the company and its affiliates during the POI period; Total sales volume and total value of sales revenue from the Company’s product under investigation during the investigation period; Net sales of the Company, excluding taxes and discounts

Other information.

Regarding domestic producers and importing enterprises, the Investigating Authority has issued the investigating questionnaire in order to collect information, figures for this case. The deadline for answering the questionnaire is before 5pm of May 07th 2021 (Hanoi time).

Content of the Questionnaire for domestic producers includes:

-General information of company: Company; Individuals and organizations that control the activities of the Company; Legal representative; Operational links with other companies or persons in production – business activities; Other product; Accounting/financial practices

-Domestically produced like product: Description; Product Control Number PCN; Company Control Number CCN; Technical description and production process of the like product

-Production, purchases and stocks: Production and production capacity; Purchases of the like product or product under investigation; Stocks of finished product;

-Sales: Total sales of the product under investigation produced by company; Resales; Internal use

-Distribution system and selling prices: Distribution system and channels of sale; Price setting for the like product

-Transaction by transaction listing: Sales transactions in Vietnam during POI; Explanation of the apportionment of costs to transactions; Credit notes

-Cost of production: Cost accounting system; Production process; Cost of production; Different levels of purity; Suppliers of direct materials

-Profitability: Profitability of the like product during investigation period; Profitability of the overall company; Profit in the absence of injurious dumping ; Cash flow for the like product; Investments; Ability to raise capital; Return on investment (ROI) and assets (ROA)

-Employment and wages: Employment; Labor cost

-Other questions

Content of the Questionnaire for importing enterprises includes:

-General information of company: Company; Individuals and organizations that control the activities of the Company; Legal representative; Operational links with other companies or persons in production – business activities; Other product; Accounting/financial practices

-Imported product under investigation: Description; Details of the imported product; Product comparison

-Production, purchases and stocks: General information of sales; Purchase of product under investigation; Product under investigation originated from China and/or Thailand and/or Malaysia; Stocks

-Sales: Introduction

-Profitability: Profitability; Price setting

-Other questions

Our international trade and competition lawyers in Vietnam at ANT Lawyers will always follow the development from authorities to provide update to our clients.

ANT Lawyers is a law firm 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 advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529.

 

 

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How to Protect Business Secrets through Non-Disclosure Agreement (NDA)

In business or production process, individual or organization being may have to share its business secrets with others.  Legal solution for this situation is to enter into a Non-Disclosure Agreement (NDA).

 

Non-Disclosure Agreements Lawyer in Vietnam

Non-Disclosure Agreement (NDA) are often used by inventors or companies when sharing business ideas, sample products which have just been created, patent and many other business secrets. This disclosure’s purpose is to explore the possibilities to cooperate, manufacture; to commercialize a particular product in relation to another company when seeking licensing contracts, financial source to develop a product; to deploy a business secret, to enter into a Merger and Acquisition transactions, or to create binding obligations on employees if they know or are known secrets of the company they are working for.

What does the content of the Non-Disclosure Agreement (NDA) include?

NDA should begin with a clear statement of who the owner’s non-disclosed information is (owner); party who receives non-disclosed information (recipient); identify non-disclosed information and the reason for disclosing such information to the recipient. The most important thing of NDA is to identify the scope of non-disclosed information or confidential information to avoid the parties in dispute if one party discloses certain information. Another thing to keep in mind is that the NDA can achieve the purpose of the parties when stipulating clearly how the recipient has to protect that information and what is allowed or not allowed to do with that information. In particular, it is necessary to detail that the recipient has to take responsibilities if they violate the information security obligations specified in the NDA.

Besides, the parties may agree to a reciprocal NDA. Sometimes, the source of information is two-ways, both parties will then disclose confidential information to each other, for example when the two parties form a joint venture, or have intention of acquiring the target company through M&A. Accordingly, NDA will refer to the agreement of formation a joint venture, M&A which clearly states that which confidential information two parties will share, what are the rights and obligations of the two parties.

Of course, the best way to keep a secret is to not tell anyone. However, this is not always possible in the collaboration world when shared economy is thriving in Vietnam.  If the owner needs to share business secrets, they could sign with the recipient an non-disclosure agreement or contract to avoid unfortunate circumstances.

Lawyers at ANT Lawyers - a law firm in Vietnam could help clients to create NDA in various business transactions in M&A, joint venture, IP commercialization, labour to address the needs of business requirements in Vietnam.

 

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