ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Tư, 28 tháng 8, 2019

What are some tips for designing a logo?


Here are some excellent tips which I have depended on for over 20 years as a graphic designer:

-Learn composition and layout. This includes creating a read-order and establishing a hierarchy for the elements. It includes proportion and visual rhythm and the interaction of positive and negative space.


-Learn typography. Develop an eye for spotting letterforms that complement the attributes of the logo illustration. Or ones that contrast those attributes in pleasing or arresting ways.

-Learn illustration. Become capable of creating your own custom graphic elements. Don’t rely on fucking free clip art. That is not logo design.

-Learn color theory. This includes techniques for developing color palettes and the basics of color psychology to evoke desired responses from your audience.

-Learn art history. If you want to evoke a particular era, it helps to know what era that is, and how its style is defined.

-Learn print and on-screen production techniques. Don’t create logos that can’t be reproduced faithfully under all necessary conditions.

-Practice all of these skills constantly. There are no substitutes or shortcuts for this. And seek the advice of designers who are more skilled and experienced than you.

In short, the best tip I can give you for designing logos is learn how to design. You can’t become a good logo designer by collecting tips or hacks if you don’t have a solid foundation of design study to build on.
Source: Quora


Thứ Ba, 27 tháng 8, 2019

Korean Enterprises Poured Nearly 3.2 Billion USD into Binh Duong


Korean investment ranked 5th among countries and territories investing in Binh Duong, mainly in the fields of textiles, leather shoes, manufacturing products to support the automotive, medical, cosmetic industries and food processing…
According to Binh Duong Department of Planning and Investment, since the beginning of the year, Binh Duong has attracted nearly 1.45 billion USD of foreign direct investment (FDI), increase by 70% compared to the same period last year.
Accumulated until now, Binh Duong ranked 3rd in the whole country (after Ho Chi Minh City and Hanoi) in attracting FDI with over 3,650 projects from 64 countries and territories, with a total registered capital of 33.93 billion USD.
Notably, Korean enterprises have more and more investment projects, contributing positively to socio-economic development of Binh Duong. Among more than 3,650 FDI projects in Binh Duong, Korea ranked 5th with more than 800 projects, with a total investment of nearly 3.2 billion USD. Korean businesses operate mainly in the fields of textiles, leather shoes, manufacturing products to support the automotive, medical, cosmetic and food processing industries…
From the beginning of the year until now, the project to expand investment with the largest registered capital in Binh Duong is from a Korean enterprise.
Specifically, the project of KyungBang Vietnam Co., Ltd in Bau Bang Industrial Park, registered capital increased by 84 million USD, bringing the total registered investment capital to 179.2 million USD.
According to the Chairman of Binh Duong People’s Committee, the results of FDI attraction in Binh Duong are due to the positive contributions of the people and the foreign business community, including the contributions of Korean enterprises.
Therefore, the difficulties that Korean enterprises raised about human resources, problems in the investment process, technology, procedures for selling projects, machinery and equipment, changing the owners’ names, transfer of capital… Or, petitions on building more hospitals, applying health insurance for foreigners; opening Korean language teaching centers in colleges and universities in the province; set up e-mail system to solve difficulties in the province… Binh Duong People’s Committee will officially reply by documents for enterprises to thoroughly resolve petitions. At the same time, relevant departments must coordinate in strengthening the links between schools and businesses to focus on addressing the problem on lack of high quality human resources…
Besides, Binh Duong will concentrate resources to complete the socio-economic infrastructure system such as transportation, water supply, electricity, environmental treatment… to carry out planning to expand industrial parks, creating a clean land fund to attract investment.
ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.



Thứ Hai, 26 tháng 8, 2019

Legal Validity of Criminal Records Card in Vietnam


Criminal record or judicial record is a record of criminal convictions of convicted persons with criminal judgments and decisions of courts which have taken legal effect, judgment execution status and ban on individuals to hold positions or setting up company in Vietnam, or managing enterprises and cooperatives in Vietnam in cases where enterprises or cooperatives are declared bankrupt by Courts.

The competent state authority will grant individuals a criminal or judicial record card, which is issued by the department of justice or data center of judicial records to provide information whether or not an individual has any criminal record; prohibited or not prohibited from holding the position, establishing company inVietnam, managing enterprises and cooperatives in Vietnam in case the enterprise or cooperative is declared bankrupt. Within the enterprise, judicial record cards will support human resource management, business registration, establishment, management of enterprises, cooperatives … Besides, many government agencies and organizations requesting individuals to provide judicial record cards for some necessary activities i.e. criminal record requirement for employment, criminal record for work permit application, criminal record for immigration purposes. According to Clause 1, Article 44, Law on Judicial  Records 2009, there are two types of judicial record cards, including:

– Judicial record card No. 1 issued to Vietnamese citizens, foreigners who have or are residing in Vietnam to serve the purpose of human resource management, business registration, establishment, management of enterprises and cooperatives.

– Judicial record card No. 2 issued to Vietnamese citizen or foreigners whom have or are residing in Vietnam to serve the purpose of immigration, or others.

Depending on the purpose of using judicial record cards, individuals, agencies and organizations request the issuance of judicial record cards No. 1 or No. 2.

Pursuant to the Law on Judicial Records in 2009, Decree 111/2010 / ND-CP guiding the implementation of the Law on Judicial Records, the time limit for judicial record cards of Vietnam so far has not been clearly defined. Criminal record card’s time limit depend on the provisions in the documents of each relevant legal field and depending on the decision of the agency or organization that need to verify the status of judicial record of this individual.

As Articles 20, 24 and 28 of the Nationality Law of 2008, amended and supplemented in 2017, the application for admission, renunciation and return to Vietnamese nationality must have a judicial record card issued within no more than 90 days. For visa applications (VISA) at the US Embassy or the US Consulate General, the individual must have a judicial record card issued within 1 year for immigration verification.

Therefore, when individuals are required to provide judicial record cards at agencies and organizations, they must consider the regulations on the time limit that such agencies allow for judicial record cards. It is not contrary to the Law on Judicial Records in 2009, because the Law does not clearly stipulate the legal effect on two judicial record cards No. 1 and 2, as well as there are no regulations limiting the agencies and organizations to set the time limit for the criminal record cards in Vietnam.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.


How do you protect your trademark around the world?


It is important to understand that a right over a trademark is a restriction on commerce. Once a trademark is granted to a market the others may not use an identical or substantially similar trademark to mark the same class of products.


Now since trademark owners must use its trademark to keep their rights and since trademark law is regulated mostly State by State it is not possible to protect a trademark unless you really participate in all demographic markets of the world, like Coca-Cola, although there are places of the works where Coca-Cola is not sold.

There are some internal systems which allows you to protect a trademark in several countries with one registration. Nevertheless, if you don't really use that trademark in each of those countries you may end up loosing it because trademarks must be used.

Finally, keep in mind that if you want to protect your trademark globally you will need to have a good trademark protection and prosecution strategy.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
Source: Quora



Thứ Năm, 22 tháng 8, 2019

Vietnam Investigates and Applies Anti-Dumping Measures on Some Plastic Products from China, Thailand and Malaysia (AD07)


On April 26, 2019, the Department of Trade Protection (PVTM) – Ministry of Industry and Trade received a dossier requesting investigation and application of anti-dumping measures for some plastic products and products by Plastic is made from polymers and propylene (“Investigated Goods”) originating from the People’s Republic of China (China), Kingdom of Thailand (Thailand) and Malaysia. The requester in the case are representatives of the domestic manufacturing industry, including two companies: (i) Hung Nghiep Formosa Limited Liability Company; and (ii) Plastic Joint Stock Company Youl Chon Vina.



On August 5, 2019, the Ministry of Industry and Trade issued Decision No. 2334 / QD-BCT on conducting investigation and application of anti-dumping measures.
What is scope of investigation in anti-dumping case AD07?
The products alleged to be dumped are products made of plastic and plastic products made from propylene polymers (also called Biaxial Oriented Polypropylene film – BOPP) imported from the above countries and dumping on the Vietnam market which caused significant losses to Vietnam’s BOPP film industry under the following HS codes: 3920.20.10 and 3920.20.91.
The period of investigation to determine dumping behavior is from July 1, 2018 to June 30, 2019. The investigation period to determine the damage of domestic manufacturing industry is from July 1, 2916 until June 30, 2019.
How to determine damages and causal relation?
The alleged dumping products are considered to be the main cause of significant losses in the domestic manufacturing industry, reflected by the decline in indicators such as utilization capacity, inventory, profits and dynamic price, price pressure…
What the investigation agency require?
Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the investigating authority shall send the investigation questionnaire to the following subjects:
– The applicant submits the application for anti-dumping measures;
– Other domestic manufacturers;
– The party proposed to investigate applies anti-dumping measures;
– Importers of goods subject to investigation;
– The diplomatic mission of the country where the goods originated is investigated;
– Other stakeholders that the investigating authority deems necessary.
Within 30 days after receiving the investigation question, interested parties must provide a written answer to all questions in the questionnaire. In case of necessity or a written request for extension with reasonable reasons from interested parties, the investigating agency may extend the time limit but must not more than 30 days.
How long does the investigation will take?
Please be informed that the time limit for the anti-dumping measures imposition investigation shall be within 12 months from the day on which the decision on investigation is issued, with a possible extension up to 6 months if necessary. Interested parties could authorize law firm in Vietnam with international trade and anti-dumping specialization to respond to authorities in Vietnam.
Accordingly, after initiating the investigation, the Ministry of Industry and Trade will send the questionnaires to related parties to collect information to analyze and evaluate the alleged contents including the following acts:
+ Dumping behavior of BOPP film export enterprises of China, Thailand and Malaysia;
+ Damage of BOPP film manufacturing industry in Vietnam.
In case of necessity, from the preliminary investigation results, if found that the damage of dumping has a great impact on the domestic manufacturing industry, the Ministry of Industry and Trade may apply anti-dumping measures. The period includes import management for investigated goods, application of temporary anti-dumping duties, consultations and application of anti-dumping duties effective before.
The Ministry of Industry and Trade will conduct the verification and examine the information provided by the parties before completing the official investigation conclusion on the case. At the same time, the Ministry of Industry and Trade will also hold public consultations so that stakeholders can directly exchange, provide information and express their views on the case before making a final conclusion on the case.

Whom could respond the questionnaire and participate to cooerate?
The Ministry of Industry and Trade recommends that all organizations and individuals who are importing – exporting, distributing, trading and using goods subject to investigation be registered as a related party and provide necessary information to the Ministry of Industry and Trade to ensure their rights and interests in accordance with the law.
The Ministry of Industry and Trade may apply anti-dumping duty which is effective backward for goods subject to tax within 90 days before the application of temporary anti-dumping duty. Therefore, the Ministry of Industry and Trade recommends that organizations and individuals in the process of signing import contracts, distribution, business and use of investigated goods should pay attention to the possibility of applying anti-dumping tax. Temporary and anti-dumping taxes are effective backwards.
As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.



Thứ Ba, 20 tháng 8, 2019

The Need for Commercial Mediation in the Performance of International Contracts


In contract dispute resolution, the average time to resolve a commercial contract dispute at the Court in Vietnam, even with the help of dispute lawyers in Vietnam whom know well the process would take long time through multiple proceedings. This period will last longer if there is a foreign party in the dispute, including service of notarization, legalization, authentication (or apostile) the documents. According to World Bank statistics, the cost of resolving a commercial dispute at the Court accounts for about 29% of the contract value (including attorneys’ fees, court fees, judgment execution fees).

The practice of resolving the dispute case at the Court appears to face many challenges of time lengthening and possible effective enforcement leading to cost of time and money. Therefore, the selection of dispute resolution in the mediation center is a possible option to resolve this issue.
Vietnam authorities and international agencies have taken active measures needed to promote the application of commercial mediation in international contracts, in order to resolve issues more quickly and effectively in international trade disputes. The application of commercial dispute resolution at mediation centers in Vietnam will save time and costs for dispute resolution. In addition, the dispute resolution at the mediation center will also help the parties maintain the relationship for future business transactions.
Until Aug 2019, in Vietnam, there are 7 commercial mediation centers licensed by the Ministry of Justice with a team of domestic and international certified mediators and lawyers who can contribute to resolving disputes in international trade contracts.  The use of mediation centers in the settlement of disputes in Vietnam with the help of lawyers in Vietnam will help the parties to find common grounds and together save cost, time, keep confidentiality of the dispute and could continue to do business with each other.
ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.




Thứ Hai, 19 tháng 8, 2019

Do I need to trademark my domain name?


Getting a trademark is a great form of protection for yourself but only if you qualify for registration. You only need to trademark your domain name if you use the words in your domain name to sell a product or service and you would like to prevent others from being able to use whatever your domain is to sell similar products or services.


If you’re not using the domain for any sort of product or service then not only do you not need to get a trademark for your domain you will not even be able to register your domain as as a trademark. The purpose of a trademark is identifying and distinguishing the source of a product or service from the source of similar products or services. Therefore if your domain is not used to distinguish your goods or services it will not meet the requirements for getting a trademark.

Before registering please be sure to conduct a thorough trademark search. Your trademark cannot be similar to anyone else’s trademark if they are selling a similar product or service. If your domain is too similar to another company’s trademark in a way that would confuse consumers about the source of your product or service, you will not meet the requirements for getting a trademark.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
Source: Quora



Thứ Năm, 15 tháng 8, 2019

What’s a Patent?


A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. A patentee must disclose the invention in a patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.


INVENTIONS PATENTABLE
-Art, Process, Method or Manner of manufacture;
-Machine, Apparatus or other Articles;
-Substances produced by Manufacturing
-Computer Software which has Technical application to Industry or is used with Hardware
-Product Patent for Food / Chemical / Medicines or Drugs.

INVENTIONS NOT PATENTABLE
-Frivolous or obvious inventions.
-Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.
-Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature
-Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.
-Producing a new substance by mere admixtures of substances.
-Mere arrangement/rearrangement or duplication of known devices functioning independently.
-Method of agriculture and horticulture
-Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.
T-he biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).
-A mathematical or business method or algorithms.
-A Computer Programme per se other than its technical application to industry or a combination with hardware.
-Aesthetic creation including cinematography and television production.
-Method for performing mental act or playing game.
-Presentation of information.
-Topography of Integrated Circuits.
-Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.
-Inventions relating to Atomic Energy.

REQUIREMENTS FOR FILING THE PATENT IN INDIA
-Full name, address & nationality of applicant (s) and inventor (s).
-Specification, provisional / complete drawings , claims and abstract.
-List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , along with date and application number.

PROCEDURE FOR THE GRANT OF PATENT
-After filing Patent Application in India, a Request for Examination is filed with the Patent Office
-Thereafter the application is examined by patent office and objections, if any, are raised thereto.
-After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.
-The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.

RENEWAL
The patent is renewed every year from the date of patent.
Disclaimer: All the content provided in this article is for information purposes only. The owner will not be liable for any losses, injuries or damages from the display or use of this information. The owner of this blog is an intern at Legistify. To reach more such informative blogs, follow this link https://www.legistify.com/blogs
Source: Quora


Thứ Ba, 13 tháng 8, 2019

Sharp Plans to Build A New Factory in Vietnam, Operating in 2020


China will not be Sharp’s place of manufacturing LCD screens for cars sold in the US, this stage will be transferred to Vietnam. Sharp is going to set up factory in Vietnam.
According to Sharp, they will build a new factory in Vietnam to avoid the new tax imposed in the long-running US – China trade war.
The factory in Vietnam will assemble LCD screens for cars sold in the US. At the same time, about 10% of Dynabook’s production of personal computers can also be transferred from China to the new facility.
Sharp has not disclosed the investment amount to build a new factory but said it will operate in 2020 near Ho Chi Minh City. At the same time, Sharp will establish a subsidiary company with a capital of 25 million USD to operate the plant. In addition to LCD screens, this factory will also produce air conditioners and other electronic devices for sale in Vietnam.
ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.




Thứ Hai, 12 tháng 8, 2019

Which country does a patent process fast?


South Africa is a non-examining country, so you can get a granted patent in under a year. But, because it is so easy to obtain, the value has little weight or sway. This is especially true of the patents value outside of the granting country. i.e. For the PPH program. In such cases, the granted patent is little more than a ticket into the court room where you can then argue over questions of novelty, non-obviousness, and usefulness. (All the decision factors that delay patent granting in most other countries.)


Many countries will prosecute a patent application faster if you pay an extra fee for expedited processing, or if your patent is the subject of an infringement or other litigation issues.

I can’t think of any situation where speed of issuing should be a decision factor in patenting. There are much more important criteria. A licensed patent attorney will be able to help you develop an international protection arrangment based on your business needs and industry.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
Source: Quora