Thứ Tư, 26 tháng 7, 2017

Patent Filing India

BY Kale Emma No comments

Patent Act 1970

What is Patentable?
Any Invention which is not obvious and is novel and not previously published in any country.
Any new and useful:
art, process, or method of manufacture;
Machine apparatus or other article;
Substance produced by manufacture.

What is Not Patentable?
1. Inventions contrary to law, morality and public health;
2. Which is Frivolous or claims which is obviously contrary to well established natural laws;
3. Mere new use or mere discovery of new property or new use of known substance or property;
4. Mere admixture resulting only in aggregation of properties;
5. Mere arrangement and rearrangement of known integers functioning independently;
6. Method for agriculture/horticulture;
7. Process for treatment on human beings, plants or animals.
8. A presentation of information;
9. A mathematical or business method or a computer program per se or algorithms.

Filing Requirements for Patent Application
1. Specification (Provisional or complete), Claims and Drawings; Name, address and nationality of the applicant;
2. Name, address and nationality of the inventor(s);
3. Details of the basic application in case any priority is claimed;
4. Authority/Power of Attorney.

Various Stages up to Grant
1. Examination - Patent applications are now not examined automatically. One has to file a request for examination within the period of 48 months from the date of the application.;
2. Grant of Patent in case there is no opposition.
Opposition to Grant
Opposition may be filed by any interested person within 4 months of notification of acceptance in the Gazette

Term of Patent
Patent is granted for the period of 20 years from the date of application.
Revocation of a Patent
Validity of a patent granted under the Act, may be challenged only in a High Court in revocation proceedings Under Section 64. The revocation petition cannot be filed before the Controller of Patents.

Rectification of Register of Patent
1. An application for the rectification of patent can be filed by any person aggrieved, before the Appellate Board on any one or more of the following grounds:
2. On account of absence or omission from the register of any entry; or
3. On account of any entry made in the register without sufficient cause; or
4. On account of any entry wrongly remaining on the register; or
5. On account of any error or defect in any entry in the register.
Infringement Action

Unauthorized making, using, selling or distributing of a patented product/process amounts to an infringement. Action against infringement may be instituted in a District Court or High Court having jurisdiction. Criminal action does not lie unlike in Trade marks and Copyright. In case of any infringement of pending patent, no action can be taken unless the complete specification has been advertised as accepted.

Source: jotwani.com
Author:Jotwani Associates




Thứ Năm, 20 tháng 7, 2017

Copyright and related Right

BY Kale Emma IN , , , , No comments

Copyright/ related Rights Registration
Copyright is stipulated in particularly in Civil CodeLaw on Intellectual Property 2005, amended and supplemented in 2009 and  Decree No. 100/2006/ND-CP: Detailing And Guiding The Implementation Of A Number Of Articles Of The Civil Code And The Intellectual Property Law Regarding The Copyright And Related Rights

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered
As stipulations of Law on Intellectual Property in 2005, amended and supplemented in 2009, Copyright in works shall comprise moral rights and economic rights. Moral rights (except publication rights) shall be protected all whole life of authors and from 50 to 75 years since the author or the final co-author dies.
Copyright-related rightsor related rights means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals. The rights of performers shall be protected for fifty (50) years, which starts from the year following the year in which the performance is turn into a fixed form. The rights of producers of audio and video recordings shall be protected for fifty (50) years which starts from the year following the year of publication, or fifty (50) years which starts from the year following the year in which any unpublished audio and video recording is turned into a fixed form. The rights of broadcasting organizations shall be protected for fifty (50) years which starts from the year following the year in which a broadcast is made.
Like the Trademark registration, Copyright registration shall be the important legal bases to resist actions of appropriating copyright, impersonating authors, counterfeiting, infringing on copyright which lead to damage on reputation of authors.
ANT Lawyers supplies service on copyright/ related right consultant as follows:
·         Advise in grounds for the generation and establishment of Copyrights; basic limitation of Copyrights/ related rights;
·         Consult and implement procedures relating to copyright/ related rights registration;
·         Consult, represent Clients negotiating  and drafting using agreement, assignment agreement and other contracts relating to  copyright/ related rights registration;
·         Complaint decision relating to issuing copyright/ related rights certificate;
·         Consult, collaborate with competent authorities in solving copyright/ related rights infringement.



Thứ Ba, 18 tháng 7, 2017

Why Client Should Retain Real Estate Lawyers in Vietnam?

BY Kale Emma No comments

Benefits of retaining a Real Estate Lawyer in Vietnam
Due to changes in law attracting foreigners to come to live, and invest in Vietnam, foreigners have growing interest in investment and acquiring real estate.  However, as real estate is valuable assets, the law on real estate ownership and real estate transactions are complicated, especially for foreigners.

Under the land ownership regime in Vietnam, land belongs to the entire people with the State acting as the owner’s representative and uniformly managing land.  Hence, in Vietnam, the land users will have the land use right without the private ownership of the land.  Land law 2013 does not allow foreigner to have land use rights in Vietnam. It only allows foreign invested enterprises to be permitted to use land through the form of land allocation or lease.

Although foreigner do not have land use rights in Vietnam, they are allowed to own houses in Vietnam under the Law on Housing. In addition, the Law on Real Estate Business has certain limitations for foreign investors to conduct real estate business in Vietnam and must meet the legal requirements.
Foreign investors investing in Vietnam wish to use the land to conduct business activities, or intend to conduct real estate business in Vietnam, or simply a foreigner wishing to purchase and own real estate in Vietnam should be aware of the legal provisions on conditions of implementation, orders and procedures to of the transactions to minimize risks.  The assistance of the lawyers on real estate in Vietnam shall be worthwhile.

Real estate lawyers in Vietnam would have in-depth knowledge of the Land Law, Law on Housing, Law on Real Estate Business and related regulations. In addition, they would have practical experience in implementing legal procedures, handling disputes, and supporting real estate transactions in Vietnam. The real estate lawyers could explain the restrictions on land use rights of foreign organizations and individuals in Vietnam and the conditions for conducting business in real estate in Vietnam.  The lawyers at request could assist the foreigners with the process and procedures to work with state agencies to obtain land use rights for enterprise and home ownership rights for individual more effectively.

When conducting transactions related to real estate such as buying, selling, transferring, renting, leasing, real estate lawyers could also provide assistance in in legal due diligence of the real estate to minimize legal risk to clients. It is important to evaluate the legal status of the property, the owner of property, whether property is in dispute, or subject to additional requirements of government before being sold by the developer and the people eligible for entering into the transaction. In addition, the lawyers in Vietnam can advise clients to draft or review the agreements, sales contract as well as the process to legalize the process to comply with the law in Vietnam.


Thứ Hai, 17 tháng 7, 2017

International Trademark Registration Under Madrid Protocol/ Agreement

BY Kale Emma No comments

Trademark is the asset of individuals, and organizations which is protected independently in each nation therefore a trademark being registered in a country would still be a subject of violation in another country because it is not yet registered.
Currently based on a trademark patent or a national trademark application, by filing an international application, the trademark owner shall acquire the right of trademark registration in some or all members of the Madrid system.
With highly professional staff and great experience in intellectual property practice in Vietnam, ANT Lawyers would support the in registering your trademark under Madrid Protocol/ Agreement (Madrid System)
Conditions of international registration under Madrid System
People who have been granted the Certificate of Trademark Registration in Vietnam have the right to register their respective international trademarks under the Madrid Agreement;
People who have already filed an application for registration of a trademark in Vietnam and who have been granted a certificate of registration of a trademark in Vietnam shall have the right to make an international registration of the mark corresponding to the Madrid Protocol.
International registration application originating from Vietnam
An application for international registration of a mark designating a contracting party to the Madrid Agreement as a country to be registered and not designating any country member of the Madrid Protocol must be made in French.
An application for international registration of marks designating at least one member country of the Madrid Protocol, including the designation of a country party to the Madrid Agreement, must be made in English or French.
The declaration shall be as form provided by Vietnamese competent Authorities. The declaration shall designate the countries being parties of the Madrid Agreement (may simultaneously be a Member of the Madrid Protocol) and the country member of the Madrid Protocol to which the applicant wishes to apply for trademark protection.
The applicant shall ensure all information is accurate and in accordance with information in attached document.
International registration office for application from Vietnam
International application shall be filled at International Bureau through National Office of Intellectual Property of Vietnam
The date the National Office of Intellectual Property receives the application for international trademark registration shall be the date of the filing if the International Bureau receives the application within two months from the date of receipt. If the application is not completed for submission to the International Bureau within the above time limit, the date of receipt shall be the date of filing the application to the International Bureau.


Chủ Nhật, 16 tháng 7, 2017

Industrial Design Registration in Vietnam

BY Kale Emma IN , , , No comments

How to Register Industrial Design in Vietnam?
Industrial design is the appearance of the product which is expressed through shapes, lines, colors or combinations of these factors.
A product as being commercially marketed will have a certain style with a combination of certain shapes, lines, colors, etc which is the design of the product. When a new design to be launched, if it attracts customers, there is a big chance there will be fake or imitated products. Therefore, before a new design is launched, business owners need to conduct registration procedures for protection of industrial designs. That is the action for the protection of its product design and the prestige of the enterprise in the market.  This protection will prevent the infringement of the design, therefore the registration of industrial design protection is essential.
ANT Lawyers IP services in the field of industrial design registration advice covers:
• Look-up, assess and consult possibilities to register industrial design in Vietnam and abroad;
• Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;
• Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;
• Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;
• Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;
• Advise on building strategies, brand development; For advice and specific details in each case, please contact us directly for advice.
How ANT Lawyers Could Help Your Business?
Please click here to learn more about ANT Lawyers IP Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71


Thứ Hai, 10 tháng 7, 2017

What a Law Firm Could Assist in an M&A Deal?

BY Kale Emma No comments

What could be assisted in an M&A Deal by a law firm?
M&A, abbreviated by Mergers and Acquisitions is expanding in both quantity and volume in Vietnam in many sectors. Successful M&A deals depend on various factors and legal due diligence, and drafting agreements are important processes in Vietnam.

For investors whom are interested in M&A deal in Vietnam as buyer or seller,it is important to hire a law firm that will assist in the process. The law firm in Vietnam could provide assessment of the target company through a legal due diligence, a legal background directly related to M&A deal, all of which are necessary to the completion of a successful deal. The attorney could then draft the letter of intent, and legal contracts, including the final purchase agreement, which will include a lot of stipulations that will need to be done correctly in order for the business transaction to be beneficial to both parties and in compliance with Vietnam regulations.

A law firm with expertise of Vietnam regulations, with the lawyers having experience and legal knowledge will be able to provide the clients with the right check-list of the documents to review.  In addition, the presence of lawyers contributes to strengthening the trust of the parties. In recent years, foreign businesses have often made acquisitions of all or part of a Vietnamese enterprise, and they often require the seller to engage law firms specializing in M&A. And now, not only the foreign businesses but also the Vietnamese parties are in need of conducting M&A deals with the participation of lawyers to ensure the success.
Lawyers shall conduct legal due diligence of enterprises, check reports and explanations with prudence, honesty and efficiency. They help the buyer and/or seller to understand their legal status, legal rights and obligations, legal regulations for assets, labor contracts, land records, construction and investment registration, certificates, and licenses and other matters. This is the basis for determining the status of enterprise and possible legal risks may cause. Lawyers will conduct and produce the most comprehensive, accurate, legal and objective information and legal documents by their professional, knowledgeable and ethical.

Lawyers shall advise the structure of an M&A to ensure the commercial intent that the parties are aiming and shorten the execution time and costs. In addition, it ensures the legality of procedures, safety and minimizes the legal and financial risks for the parties.
There is no common contract template for all M&A deals. Lawyers shall actualize the trade agreements, the will of the parties to the legally binding terms of the contract as well as clearly defines the rights and obligations of the parties to ensure the enforceability, minimize unlawful agreements or unclear terms that may cause the subsequent disputes.




Thứ Năm, 6 tháng 7, 2017

Patent Registration under PCT Procedure

BY Kale Emma IN , , , , No comments

Vietnam joined in Patent Cooperation Treaty (PCT) on March 10th 1993 and originations, individuals can register international patent as provided in PCT by filling registration application at National Office of Intellectual Property of Vietnam (NOIP). NOIP has responsibility to examine and handle the application as provided in PCT.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filling international patent under PCT procedure:
Required Document
03 English written declaration for registration PCT application originating in Vietnam;
02 Written descriptions including images or drawings (if any) ;
02 written request of invention protection;
01 Original Power of Attorney;
Other related document (if only).
International Patent registration originating in Vietnam under PCT
Receipt of applications:A registration application of an invention shall be filed in Vietnam, including protection claims in any of the Member Countries of the PCT Treaty (hereinafter referred to as the PCT application originating from Vietnam). The application shall be submitted directly or by mail to the NOIP or the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau)
The international search process:This process shall be conducted at competent authorities (National or regional patent office that meets the requirements set by PCT and be designated by PCT General Assembly). National patent office with PCT application originating in Vietnam is: Intellectual Property office of Australia, Austria, the Russian Federation, Sweden, Korea and the European Patent Office.
Publication of the international application: PCT application originating in Vietnam shall be posted at PCT Gazette.
The international preliminary examination: Conducted by the international preliminary examining authority as provided in PCT. The purpose of examination is to give a preliminary and non – binding opinion whether the invention in the application meets the requirement protection or not. Examining authority shall make a preliminary examining report and send to International Bureau.
National or regional phaseinternational application shall be examined form and content as regulation of normal patent registration in each nation.
Note:
Applicants must specify which countries they want the international application to take effect.
Each international application is subject to international search to find out the relevant technical status known to provide preliminary and non-compulsory claims on inventions that require novelty, creativity and usefulness. Therefore, the Contracting Party designated for patent protection is entitled to apply the standards of an invention under its domestic law in relation to the known state of the art and other conditions of competence. Patent shall be decided whether to be accepted for the protection based on the application.