Which is the best country to file patent rights?

With respect to your first filed patent application, you may not have a choice. Some countries have export control laws that require that you first file in your current country. Only after being granted a foreign filing license do you then have the option to file in other countries.

PCT National Phase Entry in Vietnam

According to the Paris Convention, you have within one year of your first filed application to file in foreign countries and claim priority to the filing date of the first filed application. Filing in many countries can be extremely expensive, however. A common strategy is thus to file a single PCT application, which can later be the basis for national/regional stage filings. This delays the expense, and allows more time to decide which countries are best. But one must realized that this strategy only applies to PCT member states. That does not include some countries, for example, Taiwan and Argentina. Applications must be filed there within a year of the first filing.

30 months after the earliest priority date of the PCT application, you’ll need to decide which countries (or regions) to enter the PCT application into. The best choice may be none. For example, if the PCT search report reveals prior art that is fatal to the patent application.

Assuming there are no major show-stoppers in the PCT stage, then there is a complex analysis that needs to take into account various factors, such as 1) your patent budget, 2) the market size in each country, 3) the likelihood of manufacturing in each country, 4) the strength of patent laws in each country, 5) the kinds of technologies patentable in each country. Balancing these against each other and coming up with an set of countries is extremely case specific. There is no generic answer as to what country or countries is best in the abstract. That being said, some of the most common countries/regions are US, Europe, Japan, Canada, Australia, S. Korea, and China. Within Europe, patents are most often validated in UK, France, and Germany

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How do I copyright photos taken on a iPhone?

In the United States and many other countries, photographs are automatically granted copyright protection the instant you take them. They are your property, and you have the exclusive rights to copy, print, publish or use them (except for certain Fair Use situations, where others may use them for limited purposes).

Copyright Law Firm in Vietnam

 However, if you want to registeryour copyrighted photos with your country’s copyright office, you can transfer your iPhone photos to a computer so that you can then print or upload them for the registration process. It’s typically a matter of plugging in your iPhone into your computer via an USB cable and clicking the Import button of the relevant app that pops up, or some version thereof. But you can also transfer your photos from your iPhone to a computer via email, instant messaging, through a file hosting service like iCloud or Dropbox, etc. If your country allows for electronic filing of copyrightable works, such as does U.S. Copyright Office, you may be able to upload your photos directly through your iPhone’s web browser when filing your registration, although this is not something I’ve tried.

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WHAT IS TRADEMARK REGISTRATION?

Trademark Registration

In common language trademark is the identity of the business. General public and people in connection with the trade identifies with trade mark the origin of the goods and services. It could be name, logo, symbols, device or a combination of them.

Register trademark in Vietnam 

ADVANTAGE

If you believe your registered trademark is being infringed, it is easy to establish your right to it in court. If you haven’t registered the word, slogan or logo, you would not be able to do so. Particularly in sectors in which piracy is rampant, Trademark Registration is essential.

A trademark is an intangible asset that can be enormously valuable, should your brand succeed. Think of Tide, Nike or McDonald’s. Businesses can earn huge money in royalties through licensing agreements or even transfer ownership to interested parties through assignment agreements.

You would want your customers to identify your products or services with yours only. Registering your trademark is the first step toward ensuring this. The court would then stop any similar words or slogans from being registered.

DOCUMENTS REQUIRED FOR TRADEMARK REGISTRATION

Brand Name & Logo

Information Form

Form TM 48

FAQ

Why we should file for trademark registration?

Filing for Trademark Registration is strongly advised as it is first the first step towards protecting the identity of your business. It establishes your claim of ownership of that mark and gives you the exclusive right to use the mark on or in connection with the trade or provision of services for which the mark has been filed.

What are the different types of trademark?

Now, due to recent changes we have only five categorisations at the time of making trademark application. These are:

1. Word Mark

2. Logo

3. Device Mark

4. Small Mark

5. Taste mark

Who can file Trademark application?

Any person who claims to be the owner of a trademark, he/she needs to submit the application mentioning the related goods and services associated with the company.

What is the difference between trademark registration and copyright registration for logo?

A logo can be protected both under the Trade Marks Act and Copyrights Act. TM Registration enables you to obtain protection for the brand name and also provides certain amount of protection to the manner in which the trademark is represented. However, if you need exclusivity for the representation of your trademark or logo, a copyright registration is strongly recommended. Copyright registration does not however offer any protection for the brand name.

What is the validity of a trademark registration?

Once the trademark is registered, it is valid for a period of 10 years from the date of application. The registration can then be renewed indefinitely as long as the renewal fees are paid every 10 years.

How long does it take to register a trademark?

Registration of Trademark is a lengthy process and it takes around 18-24 months to obtain registration in a straight-forward case, without any objections or oppositions. However, the trademark application number is usually issued within one or 2 days after filing.

Can I use the ® symbol?

You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offence, with penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

How ANT Lawyers Could Help Your Business?

Please click here to learn more about ANT Lawyers IP Practice or contact our Intellectual Property Lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71

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Does one need to trademark a company's logo and name?

Trademark means a logo, brand name, product name, website name, word or punch line by which customers recognize or differentiate the products or services of one company from another.

Trademark registration means legally getting the right to use the brand name or trademark by getting a registration certificate from the Trademark office.

Register trademark in Vietnam

Brand name is the most valuable asset of the Company. Many brands in the world value their trademark more than their any other physical assets

Brand value is derived only when the company has absolute right over the brand name through trademark protection.

Protecting the name is equal to protecting the business.

-Protection against Copycats: Nobody will dare to copy your brand name once it is a registered trademark

-Helps in expansion of business and growth

-Trademark can be rented and royalty can be earned under licensing agreement. -Franchising model solely depends upon trademark licensing.

--Helps in image building and credibility in Market

-Customers give more preference to registered brands with TM tag.

When you register a trademark, the main purpose is to prevent people from stealing your name/logo, and provide you with a legal recourse against them if they do.

While neither is required, it's highly advised to do so with the assistance of an intellectual property attorney since the filing process with the USPTO can be a little complex.

Keep in mind that your logo and your company name require two separate filings with the trademarks office. The name protects just the name itself and separate from any font, colors, shapes, styling etc... When you register a logo, it provides protections over the exact shape, style, and orientation in that logo.

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Decree 63 on Investment in the Form of Public-Private Partnership

Investment in the form of Public-Private Partnership is an investment form that is carried out on the basis of a project contract between a competent state agency and an investor or project enterprise for the construction or renovation, operation, infrastructure management and public service delivery.

How Foreign Entity Could Set-up a Branch Office in Vietnam

This is a form of investment that can mobilize both private and domestic capital. However, the effectiveness of these model has not been achieved especially in recent years while ODA funding has been narrowed down.

The Decree No. 63/2018/ND-CP dated on May 4, 2018, the decree on investment in the form of public-private partnerships has been promulgated, as effective on June 19, 2018, replacing Decree 15/2015/ND-CP.

This decree is expected to provide detailed, specific and separate basis for this type of investment. The PPP models mentioned in the decree include: Project contract; Build-Operate-Transfer contracts (BOT); Build-Transfer-Operate contracts (BTO); Build-Transfer contracts (BT); Build-Own-Operate Contracts (BOO); Build-Transfer- Lease Service Contacts (BTL); Build – Lease Service– Transfer Contracts (BLT); Operate – Management Contract (O & M) and Mixed Contract.

Decree 63/2018/ND-CP created an open payment mechanism for investors in construction-transfer contracts. Accordingly, investors who execute investment projects under BT contracts shall be paid by the State with land (use of land use right value) or by other modes of payment such as working office project, infrastructure assets in accordance with the law on management and use of public assets,payment by business right transfer, right of exploitation of works, services according to specialized law.

In addition to expanding the payment method, investors under the BT contract do not have to follow the order and procedures for deciding the investment policy and deposit in accordance with the law for implementation of other projects. However, investors must meet additional requirements on equity (if any) in accordance with the law on investment, construction, housing, real estate business and relevant laws to implement the others project.

Regarding owner and capital raised by investors, the Decree has stricter regulations than before to ensure that the project implementation process is stable. Accordingly, for projects with total investment capital of up to VND 1,500 billion, investors’ equity ratio must not be lower than 20% of total investment capital; for the project that has a total investment capital of over VND 1,500 billion, it is determined on the principle that the owner’s equity must not be lower than 20% of the charter capital of up to VND 1,500 billion, and forthe capital of over VND 1,500 billion, the owner’s capital must not be lower than 10%.

We will continue to conduct Vietnamese media search and legal Vietnamese research to update client on public private partnership investment into Vietnam.

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Conditional Business Lines Under Law on Investment in Vietnam

Law on amendment and supplement to Article 6 and Annex 4 on the list of conditional business lines stipulated in the Law on Investment has been ratified by the 14^th national assembly of the Socialist Republic of Vietnam at the second meeting session dated November 22^nd, 2016.

Accordingly, pursuant to the constitution of the Socialist Republic of Vietnam, the National Assembly issues the list of conditional business lines stipulated in the Law on Investment no. 67/2014/QH13.

10 Questions to Ask Before Setting-up Company in Vietnam

The enterprises which are established to operate in the area of conditional business have to comply with conditions regulated by law before conducting business operation in Vietnam.

Foreign investor if wishing to set up company in the conditional areas has to meet additional investment conditions depending on international treaties, WTO commitment by Vietnam, and other specialized laws in Vietnam.  It is advised that the foreign investor to contact Vietnam law firms to be advised on the establishment of company in Vietnam to receive the proper legal advice.

We are listing the conditional business lines for the reference below.

No.	LINES OF BUSINESS
1.	Manufacture of seals
2.	Sale (and repair) of combat gear
3.	Sale of fireworks other than firecrackers
4.	Sale of camouflaged software and equipment used for audio and video recording and positioning;
5.	Paintball gun business
6.	Sale of military equipment and military goods for the use of the armed forces, military weapons, specialized military equipment and vehicles for the use of the army and police; special military components, accessories, materials and equipment and military engineering
7.	Pawning services
8.	Massage services
9.	Sale emergency signaling devices
10.	Debt collection services
11.	Security services
12.	Fire safety services
13.	Lawyer’s practice
14.	Notary’s practice
15.	Judicial assessment in the fields of finance, banking, construction, antiques, relics, copyrights
16.	Auctioneering services
17.	Commercial arbitration services
18.	Bailiff’s practice
19.	Liquidation and safeguarding of assets of enterprises and cooperatives in the pending time of bankruptcy
20.	Accounting services
21.	Auditing services
22.	Tax agent services
23.	Customs brokerage services
24.	Sale of duty-free goods
25.	Bonded warehouse and container freight station business
26.	Premises for conducting customs procedures, customs gathering, inspection and supervision for rent.
27.	Securities trading
28.	Securities registration, depository, offsetting, and liquidation services by Vietnam Securities Depository/organizations trading in listed securities and other securities.
29.	Insurance business
30.	Reinsurance business
31.	Insurance brokerage
32.	Insurance agents
33.	Property assessment service
34.	Lottery business
35.	Casino video games for foreigners
36.	Debt trade services
37.	Ratings services
38.	Casino business
39.	Betting business
40.	Voluntary pension fund management services
41.	Oil and gas business
42.	Gas trading
43.	Manufacture and repair of liquefied petroleum gas (LPG) bottles
44.	Commercial assessment services
45.	Sale and destruction of industrial explosives
46.	Sale of explosive precursors
47.	Industrial explosives and explosive precursors –based business
48.	Blasting services
49.	Sale of chemicals other than prohibited chemicals stipulated in the International Convention on prohibition of development, production, stockpiling and use of chemical weapons on their destruction
50.	Alcohol business
51.	Sale of tobacco, cigarette, machinery and equipment for tobacco industries
52.	Sale of foods under the administration of the Ministry of Industry and Trade
53.	Commodity exchange operation
54.	Electricity generation, transmission, distribution, wholesale, retail, import, export and consultancy
55.	Rice export
56.	Temporary import and re-export of goods subjected to special excise duty
57.	Temporary import and export frozen foods
58.	Temporary import and re-export of goods on the List of used goods
59.	Franchising
60.	Logistics services
61.	Sale of minerals
62.	Sale of industrial precursors
63.	Commodity trading and business activities directly related to commodity trading by foreign investors and foreign-invested business entities
64.	Multi-level marketing business
65.	E-commerce business
66.	Petroleum business
67.	Energy audit
68.	Vocational training
69.	Assessment of the quality of vocational education
70.	Occupational skill assessment services
71.	Occupational safety inspection services
72.	Occupational safety and health training
73.	Employment agencies
74.	Overseas employment services
75.	Voluntary drug detoxification services
76.	Outsourcing
77.	Road transport services
78.	Automobile maintenance
79.	Manufacture, assembly and import of automobiles
80.	Motor vehicles inspection services
81.	Driver training services
82.	Traffic safety inspector training services
83.	Driving test services
84.	Traffic safety inspection services
85.	Waterway transport services
86.	Building, repair and renovation of watercraft
87.	Inland watercraft crewmen and operator training services
88.	Training, recruitment and supply of marine crews
89.	Maritime safety services
90.	Shipping services and shipping agencies
91.	Towage services
92.	Import and demolition of used ships
93.	Building, renovation and repair of ships
94.	Seaport operation business
95.	Air transport business
96.	Design, manufacture, maintenance and testing of aircrafts, their engines, propellers, avionics and equipment thereof in Vietnam
97.	Airport operation business
98.	Aviation service at airports
99.	Air navigation services
100.	Flight crew training services
101.	Rail transport business
102.	Rail infrastructure business
103.	Urban railway business
104.	Multimodal transport
105.	Transport of dangerous goods
106.	Pipeline transport business
107.	Real estate business
108.	Provision of training in real estate brokerage and property exchange operation
109.	Provision of training in apartment building operation.
110.	Construction management consulting services
111.	Construction surveying services
112.	(Construction) design and assessment services
113.	Construction supervision services
114.	Construction services
115.	Construction activities by foreign contractors
116.	Construction cost management services
117.	Construction quality assessment services
118.	Construction experiment services
119.	Apartment building operation services
120.	Cremation facility operation services
121.	Construction planning services
122.	Urban planning consulting services provided by foreign entities
123.	Sale of white asbestos of Serpentine group
124.	Postal services
125.	Telecommunications services
126.	Certification of digital signatures
127.	Publishing
128.	Printing services, except for printing of package
129.	Publication services
130.	Social networking services
131.	Online game business
132.	Paid radio and television services
133.	News website development services
134.	Processing, recycling, repair and renovation of used IT products of foreign owners which are on the List of used IT products banned from import
135.	Provision of information via telecommunications and internets
136.	“.vn” domain name registration and maintenance services
137.	Cybersecurity products and services
138.	Civil cryptography services and products
139.	Sale of potable jamming devices
140.	Preschool education business
141.	Secondary school education business
142.	Higher education business
143.	Operation of foreign-invested education institutions, representative offices of foreign education institutions in Vietnam and branches of foreign-invested education institutions
144.	Continuing education business
145.	Operation of special schools
146.	Association in education with foreign countries
147.	Education quality assessment
148.	Overseas study consulting services
149.	Fishing
150.	Sale of aquatic products
151.	Sale of aquatic feed and animal feeds
152.	Animal feed and aquatic feed testing services
153.	Sale of biological preparations, microorganism, chemicals and environmental remediation agents used for aquaculture
154.	Building and renovation of fishing vessels
155.	Breeding, raising, artificial propagation of wild animals and plants according to CITES Appendix
156.	Breeding, raising, artificial propagation of wild, endangered and rare animals and plants according to CITES Appendix
157.	Breeding and raising of normal wild animals
158.	Export, import, re-export, transit and introduction of marine specimens stipulated in CITES Appendix
159.	Export, import and re-export of specimens bred, raised and artificially propagated according to CITES Appendix
160.	Sale of forest animals and plants restricted from use for commercial purposes
161.	Sale of plant protection products
162.	Processing of items subjected to undergo plant quarantine
163.	Pesticide testing services
164.	Plant protection services
165.	Sale of veterinary medicines, vaccines, biological preparations, microorganisms and chemicals used in veterinary medicine
166.	Veterinary technical services
167.	Animal testing and surgery
168.	Provision of vaccination, diagnosis, prescription, treatment and healthcare services for animals
169.	Veterinary medicine testing and assay (including veterinary medicines, aquatic veterinary medicines, biological preparations, microorganisms and chemicals used for veterinary medicines, aquatic veterinary medicines)
170.	Concentrated husbandry
171.	Slaughtering
172.	Sale of foods under the administration of the Ministry of Agriculture and Rural Development
173.	Animals and animal product quarantine services
174.	Sale of fertilizers
175.	Fertilizer testing services
176.	Sale of plant varieties and animal breeds
177.	Sale of aquatic breeds
178.	Testing of plant varieties and animal breeds
179.	Aquatic breed testing services
180.	Testing and assay of biological preparations, microorganism, chemicals and environmental remediation agents used for aquaculture
181.	Sale of genetically modified products
182.	Medical treatment and examination
183.	HIV testing services
184.	Tissue banking services
185.	Reproduction assistance, sperm and embryo cryopreservation
186.	Testing of microorganisms causing infectious diseases
187.	Vaccination
188.	Opioid substitution therapy
189.	Plastic surgery
190.	Surrogacy service
191.	Pharmaceutical business
192.	Cosmetics production
193.	Sale of chemicals, pesticides, germicides for the use in medical appliances
194.	Sale of foods under the administration of the Ministry of Health
195.	Sale of medical equipment
196.	Medical equipment classification services
197.	Medical equipment testing services
198.	Appraisal of intellectual property (including appraisal of the copyrights and others relevant, appraisal of industrial properties and plant breeder’s rights)
199.	Radiological services
200.	Assistance in application of atomic energy
201.	Assessment of conformity
202.	Testing, calibration and inspection of measuring instruments and measurement standards
203.	Manufacture of biker helmets
204.	Technology assessment and evaluation services
205.	Intellectual property presentation services
206.	Film production and distribution
207.	Antique appraisal services
208.	Development of project planning, construction, project supervision, maintenance, renovation and restoration of relics
209.	Karaoke and nightclub business
210.	Travel services
211.	Sport business and professional sport clubs
212.	Business involving art and fashion shows, model contests and beauty pageants
213.	Sale of art performance video and audio recording
214.	Accommodation services
215.	Advertising
216.	Trading in national relics, antiques and treasures
217.	Export of relics and antiques other than those under the ownerships of the Government, political organizations and political-social organizations; import of cultural products under the administration of the Ministry of Culture, Sports and Tourism
218.	Museum services
219.	Video game business (other than casino video games for foreigners and online casino video games)
220.	Land assessment and survey consulting services
221.	Land use planning services
222.	Information technology infrastructure and land information software system development services
223.	Land database development services
224.	Land pricing services
225.	Geodesic and cartographic services
226.	Meteorological and hydrological forecasting services
227.	Groundwater drilling and exploration services
228.	Extraction and use of water resources, discharge of wastewater into water sources
229.	Basic survey and consulting services for preparation of water resource planning, schemes and reports
230.	Mineral exploration
231.	Mineral extraction
232.	Transport and treatment of hazardous wastes
233.	Import of scraps
234.	Environmental monitoring services
235.	Sale of biological preparations from waste treatment
236.	Commercial bank business operations
237.	Non-credit institution business operations
238.	Business operations of cooperatives, people’s credit funds and microfinance institutions
239.	Payment intermediary services
240.	Credit information services
241.	Foreign exchange activities by non-credit institutions
242.	Gold trading
243.	Money printing and minting

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