Thứ Hai, 15 tháng 10, 2018

Trade and Customs in Vietnam

BY Mèo juna No comments

Navigating the modern environment of international business requires companies that engage in the exchange of goods and services across international borders to be ever vigilant in addressing customs and import controls laws, including those related to border and supply chain security.  ANT Lawyers trade and customs practice works to ensure and optimize our clients’ cost- and time-efficient shipment of goods and services across borders, within the confines of the law.
We represent clients who engage in such diverse fields as:
-Customs brokerage, express delivery, freight forwarding, logistics and sea and rail transportation
-Apparel, beverages, consumer electronics, cosmetics, food products, footwear, home furnishings, luxury goods and paper products.
Businesses often overlook the fundamental importance of accurate tariff classification and appraisement as sources of potential duty savings and necessary compliance for imported products.   These are the “nuts and bolts” of any sophisticated customs and import controls practice, and our lawyers are well versed in this complex body of law to maximize duty savings and minimize customs penalties.




Thứ Sáu, 12 tháng 10, 2018

The Essential Information on Certificate of Origin from Vietnam

BY Mèo juna IN , , , , , No comments

According to Decree No. 31/2018/ND-CP guiding Law on Foreign Trade Management in terms of origin of goods: “The Certificate of Origin means a written form or other form of equivalent legal validity granted by competent authority belonged to country, group of countries or territories exporting the goods based on regulations and requirements of origin, specifying origin of this goods”.
We comprehend that the Certificate of Origin (hereinafter referred to as “C/O”) is certificate of goods origin issued by a country (export country) to confirm goods produced and distributed by this country in the export market in accordance with the rules of origin to create the most favourable conditions for goods importing to other country (import country) on tariffs. C/O is an important instrument in importing and exporting goods.
Functions of C/O
Tariff preferences: Determining the origin of goods help us differentiate the import goods enjoyed tariff preferences to apply the preference regime according to trade agreements as signed by the countries.
Anti-dumping duty and anti-subsidy duty application: In the event that goods is dumped or subsidized in the market of other country, determining the origin of goods shall make anti-dumping duty and anti-subsidy duty application possible.
Statistics of trade and maintenance of quota system: Determining the origin of goods make compilation on statistics of trade of country or area easier. On this basis, competent authority of trade can maintain the quota system.
 Category of C/O
Non-preferential C/O means a ordinary C/O confirming the origin of product from a specific country.
Preferential C/O means a C/O allowing the product eliminated or reduced from the country’s permission such as: Generalized Systems of Preferences (GSP), Commonwealth Preference Certificates (CPC), Common Effective Preferential Tariff (CEPT),…
 The Agency granting C/O
Ministry of Industry and Trade of Vietnam is the agency granting Certificate of Origin directly or authorizing Vietnam Chamber of Commerce and Industry (VCCI) or other organization to issue Certificate of Origin.
According to the prevailing law, the treaty signed by Vietnam and the provision of import country on Certificate of Origin, the Ministry of Industry and Trade stipulates the regulation on selection of trader, procedure of self-certifying the origin, obligation and liability of self-certifying the origin, inspection of the self-certifying of origin of goods exported by traders and remedy.
Process of issuing C/O
When applying for C/O for the first time, the trader shall have to submit dossier to competent authority.
Dossier includes:
– Request for Certificate of Origin;
– Form of C/O filled in full into 01 (one) original copy and 03 (three) copies. The original copy and one of the copies shall be sent to the Importer by the Exporter and the Importer shall submit such instruments to competent authority in loading port or unloading port. The second copy and the third copy shall be saved by the agency issuing this C/O and the Exporter respectively. In case of import country’s requirement, the applicant can request the Agency issuing this C/O to grant more than 03 (three) copies of C/O;
– The declaration of completing the customs procedure at competent authority (certified copy with signature of competent persons), excepting the case it’s not necessary for export goods to declare  according to the laws. The applicant of C/O shall have the right to submit this instrument no more than 30 (thirty) days from the date granting C/O in case of legitimate reasons.
If necessary, the agency issuing C/O may require the applicant to provide another instruments relating to export product such as: the declaration of importing material; the certificate of export; sales contract; VAT invoices; sample of material or product; bill of lading; air way bill and other instruments relating to origin of export goods..
Relating to enterprise participating eCOSys, all instruments shall be made by trader via electronic system and automatically transferred to agency issuing C/O. The agency issuing C/O  bases on electronic dossier to check validity information and grant C/O to trader as soon as receiving full dossiers in hardcopy.
The agency issuing C/O informs the result of submitting dossier via eCOSys no later than 06 (six) working hours from receiving validity electronic dossier.
The agency grants Certificate of Origin to trader no more than 02 (two) working hours after receiving application in hardcopy.



Thứ Tư, 10 tháng 10, 2018

What is the point of getting a trademark?

BY Mèo juna IN , , , No comments

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.


Having the registration gives you a few more rights against an infringer than you would otherwise have. And, you are likely to get more money if you win an infringement suit in federal court if you are registered. Plus, if you are registered you are not limited in where you can sue for the infringement. (see the article for an in depth explanation of this)

Having the registration puts everyone in the US on notice that you own the mark and they cannot use it without repercussions. While you still have protections through the common law if you are the first to use the mark, you cannot guarantee that every person starting a business will know you exist and are using that mark. If it is registered, it will be found on the USPTO website and they’ll know its in use.

Having a registration makes your brand/company more valuable. Have you heard of licensing products or brand names for products? You likely won’t get any type of licensing deal with anyone if your mark is not registered and protected at the maximum level.

Those are just a few reasons why registration is so beneficial. Do I suggest anyone and everyone get a TM registration? No. It will depend on the type of company you are running, where you are, and some other factors. But, generally I think it is a great idea to register your mark at some point in your businesses life


Thứ Hai, 8 tháng 10, 2018

Some Modifications on Business Registration from October 10th, 2018

BY Mèo juna No comments

Decree no.108/2018/ND-CP amending and supplementing a number of articles of Decree No.78/2015/ND-CP effective from October 10th, 2018 has provided many new procedures of business registration.


The new decree stipulates clarification on some contents about the procedure on business registration, of which, the highlight are the procedures that do not to require the seal stamped on the dossier on business registration and that the power of attorney for a person whom establishes the company does not need notarization, authentication at Clause 1 and 2 of Article 1 Decree No. 108/2018/ND-CP.  In the past, due to the lack of clarification on the above matters, some competent authorities require to affix the seal on the dossier of business registration and request the notarization of the power of attorney.  These procedures created some troublesome in practice.
Another regulation that facilitate the business transaction is that previously enterprises can only set up business locations in the province or city under central authority where their head office or branch is located. It means that if an enterprise wishes to set up another business location where the office is located, it has to go through two procedures: setting up a branch first then setting up a businesslocation.  The procedure of setting up a branch is more complex more than the establishment of business locations.  With the changes in the decree 108/2018/ND-CP, enterprises are allowed to set up business locations in other provinces or centrally-run cities where their head offices or branches are opened. The scope of work is simpler and more cost-effective, the transactions of the place of business are accounted for by the parent company, thereby reducing the workload for the accountant of the company.



Thứ Sáu, 5 tháng 10, 2018

How can I copyright my app?

BY Mèo juna IN , , No comments

If you are interested in obtaining copyright protection for a newly created app, you should be aware that copyrighting an app is likely eligible for two separate tiers of copyright protection. The process of copyrighting an app is actually automatic. Registering an app with the U.S. Copyright Office takes several steps. Copyright protections apply to works that are both published and unpublished, so please note to copyright your app it does not have to exist in the marketplace for the automatic protections associated with copyrights to apply to it.
According to the U.S. Copyright Office, an eligible work attains automatic copyright protection “the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.“ This means that original works of authorship like apps are copyright protected by default. But, many rights ordinarily associated with intellectual property protections may not be enforceable in court unless you or your company registers your copyrighted work with the government.
The Registration Process
Registering your app with the U.S. Copyright Office is generally a good idea because you will need to have done so in order to file a lawsuit in the event that another individual or business infringes upon your intellectual property protections. Registration also allows you to ensure that the details of your copyright registration become part of the public record, which may be advantageous for any number of reasons.
The copyright registration process is relatively straightforward. The U.S. Copyright Office provides creators with copyright application forms and fee-related details on its website. A copy of your work must be sent with your copyright application and is non-returnable. It is important to fill out the detailed copyright application completely and correctly or you will risk rejection of your registration. Any delay in registration approval may affect future intellectual property litigation. For this reason, it may be beneficial to have an attorney review your copyright registration application before you submit it. Taking this step will better ensure that your copyright application is approved upon its initial submission.
It is worth noting that you can protect your app in a variety of ways beyond copyright protection. For example, elements of your creation may benefit from patent and/or trademark protection. An intellectual property attorney will be able to advise you of what steps you may need to take in order to better ensure that your rights are fully addressed in the event of infringement. The app marketplace is competitive, so this risk is increasingly becoming a reality for app developers.
Copyright is violated on a regular basis in the music, publishing and software industries. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights as following:
  • Advise legal matters of copyright and related rights in Vietnam and abroad;
  • Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;
  • Complete the applications and file to register copyright and related rights;
  • Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.
Learn more about ANT Lawyers IP practice, experience and team members here;
For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call  +84 912 817 823.
Let ANT Lawyers help your business in Vietnam.










Thứ Tư, 3 tháng 10, 2018

Is it necessary to register a idea?

BY Mèo juna No comments

An idea is an intangible concept, but If you believe it could be a valuable asset to a person or business, you should treat it as intellectual property consider the many routes to patent an idea. Patents are valuable for protecting an idea and your inherent intellectual property rights.


Intellectual property is generally broken into four categories:
Trade Secret
Patent
Trademark
Copyright

Of these forms of intellectual property protection, trade secret most closely related to the protection of an idea. Common law protects information (including ideas) that have value to a company as well as your intellectual property rights to own and use the concept. Basically, the idea must have some economic value, not be generally known to the public, and subject to protection by the company.

Patent rights relate to protection an invention, such as a process, machine, or composition of matter that is novel, non-obvious, and (in the case of a utility patent) useful. While these relate to a physical creation, the patent rights apply to the claimed attributes of the invention. In this way, it could be said that a patent relates to the protection of an idea that has materialized.

Trademark concerns any symbol, mark, word, phrase, or sound that comes to represent a business’s products, services, or brand. It is only loosely related to the concept of protecting an idea.

Copyright concerns the recording of original, creative expressions. The creative expression might be a novel way of saying something. This concept is related, but still distinct from the idea itself.

Trade Secret Protection for an Idea

Trade secret protection covers formulas, processes or methods, or compilations of information, and can be effective when trying to patent an idea. These intellectual property rights allow you to take action ifthe informationis misappropriatedor used without consent. Of course, if a third party is able to figure out the information on their own, then there is no misappropriation. Perhaps some of the most well-known trade secrets are Coca-Cola’s formula and KFC’s secret recipe. Most businesses have client lists or other compilations of information that constitute trade secrets.

The major benefit of trade secret protection is that the protective rights continue indefinitely. The rights in the information are lost when the information becomes commonly known or the company stops taking reasonable steps to protect the information.

Utility Patentfor an Idea

Inventors often begin with an idea. To seek utility patent protection of that idea, the inventor must demonstrate how the idea can be transformed or assembled into a novel, non-obvious, and useful invention. The claimed elements of the invention that bear these characteristics are really physical representation of the idea itself. That idea must not have been commonly known to the public at the time of filing for patent protection. A design patent regards the ornamental or aesthetic elements of an article of manufacture. In this way, the patent rights protect a design concept or idea.

Consultan Intellectual Property Lawyer

Determining whether an idea can be protected is the most difficult aspect of intellectual property law. It is very difficult to show the novelty or uniqueness of a creation. Nonetheless, the USPTO issues thousands of patents every year to creators. At the same time, it issues thousands of rejections to applications. Don’t try to navigate this legal maze alone. The experienced intellectual property lawyers at ANTLawyers.vn are both experienced and affordable. They can provide support in identifying creations that are capable of intellectual property protection, securing those intellectual property rights, and providing on-going protection of those rights.


Thứ Hai, 1 tháng 10, 2018

What is difference between copyright and patent?

BY Mèo juna IN , , , , No comments


When an individual or business creates something new, it Is important to protect that unique design, product, logo, name, art or work of authorship. Most individuals and businesses are aware that legal protections exist for new inventions and creations. But not everyone is sure exactly what kinds of protections they need in order to ensure that other individuals and businesses do not infringe upon the fruits of their labor. Though both are popular and well known, what is the difference between copyright and patent?



Thankfully, experienced intellectual property attorneys are generally happy to help both individuals and businesses navigate the process of protecting their inventions and creations. If you have produced a new and unique product, design, piece of art, etc. please consider asking a lawyer with specialized intellectual property knowledge to aid you in submitting the legal paperwork required in order to obtain any protections your work may be eligible for under the law. Depending on the nature of your creation, these protections may include copyrights and/or patents.

What Falls Under Copyright Protection?
Unlike patents, which protect physical inventions, new designs for existing products and certain discoveries, copyright protection coversoriginal works of art and authorship when expressed in tangible mediums. Literary, artistic, musical and dramatic works of art are protected via copyright. In addition, computer software and architecture may be protected by copyright as well.

An important difference between copyright and patent is that copyright protections are granted automatically. You do not need to file for a copyright per se, as copyright protections apply, “the moment (a work) is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device” according to the U.S. Copyright Office. However, you cannot generally file suit protecting your work against infringement unless your copyright has been registered with the USCO. The USCO highly recommends registering one’s artistic work because absent this process, copyright protections cannot generally be effectively enforced.

What is Covered by Patent Protection?
 There are three primary kinds of patent protectionavailable to businesses and the general public. Plant patents protect new asexually reproducing plant species and hybrids. Utility patents protect new products and processes, while design patents protect new design elements integral to existing manufactured products or processes. In general, works eligible for patents are novel, non-obvious and useful, but some exceptions to this rule may apply.

It is worth noting that unlike copyright protections, no patent protection is granted automatically upon the creation of a product or process. Therefore, it is imperative that inventors and businesses formally apply for patent protection as soon as their work is prototyped and capable of reproduction.

Consult an Intellectual Property Attorney
 If you are interested in registering a work of art or authorship or patenting a product, process, design or discovery, please consider reaching out to an knowledgeable intellectual property attorney in Vietnam. We have extensive experience aiding both individuals and businesses in obtaining the intellectual property protections that their works are eligible for. The registration process and patent application process are detailed and are often difficult to navigate. Filling out even a single section of paperwork incompletely or incorrectly can result in rejection. Let our team help you get this process right the first time around in order to better ensure that your work is safeguarded from infringement as soon as it becomes eligible for protection.