Chủ Nhật, 23 tháng 6, 2019

How can I get copyright?

BY Tuan Nguyen IN , , , , No comments

Copyright can be attained for any original expression of an idea or work. Remember the idea must be in a tangible form; this means that the work that you want to copyright must have a physical presence so that is can be represented to the examiner in that format.

What can be registered as Copyright?
The application for copyright can be made for the following works:
-Literary works such as books and poems
-Dramatic works and theatrical plays
-Cinematographic films and videos
-Original musical works and sound recordings, excluding any actions and words to be included while performing the musical work
-Artistic works such as paintings, photographs and technical drawings including architectural designs

Registration of copyright can be done through physical as well as through online method and the documents that you require to file the copyright application with the relevant authority are:
1.Work Copies
Copy of the original work that is to be submitted with the examiner (3 copies).

2.Applicant Details
The identity proof of the applicant that should include
-Driving License

3. Address Proof
The applicant will have to submit the following as address proof of the applicant
-Utility bills(water and electricity bill)
-Rent Agreement if residing in a rented premise.

The application for copyright protection goes through the following process:
1.Filing Application
-The process to complete the filing of the application process might take around 3 days.
-The applicant needs to submit the application with Form-XIV along with all the documents and registration fee.
-If you are submitting the form physically at the Copyright Office then, you need to submit the fee through a Demand Draft.

-The objection on the filed application is raised wherein the applicant has to provide answers to the examiner within the stipulated time period.
-The examiner can also call for a hearing wherein a decision to provide registration or not can be taken. The applicant will have to wait for a period of 30 days before the application is moved onto the next stage.

3. Examination
-Once the objections are cleared the examiner checks the application further for any discrepancies and errors.
-If the examiner finds any discrepancy with the application he will notify the applicant with a discrepancy letter and then the applicant will have to make a reply to the letter justifying the issues that are raised in the examination.

-Once the examination process is done with the applicant will receive notification from the examiner and from there on the person can use the copyright symbol along with his work.
 Source: Quora 

Thứ Tư, 19 tháng 6, 2019

What is the difference between product design and industrial design?

BY Tuan Nguyen IN , , , , , No comments

Product design is about creating product - taking ideas from scratch to finished solutions, most often 1 or 2 pieces of finished products. As a product designer it is not mandatory to have knowledge on manufacturing processes or producing CAD drawings.

 Industrial design is about creating ideas for mass production, i.e, creating concepts that can be manufactured and be sold. Therefore it requires a bit more work in transferring and customising designs (product designs) to make it ready for manufacturing. You require knowledge of manufacturing processes and operations in order to do your work.

Some key highlights

Product design can be considered to be a subset of Industrial design.
Industrial design can include - product design, furniture design, footwear, and in certain cases fashion and interior design.

You can survive in product design without technical knowledge, but you definitely need to have technical/engineering knowledge to be an industrial designer. Unless you are doing early concept works.

In industrial design you also learn about business aspects, in order to customise the products to match the business and market needs.

In general, product design is more about creating solutions, industrial design is creating solutions and taking them to manufacturing. An industrial designer can be a product designer, but a product designer cannot be industrial designers.

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 in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
We assist our clients in all steps of the prosecution phase of IP management.
Source: Quora

Thứ Ba, 18 tháng 6, 2019

Registering Copyright Services in Vietnam

BY Tuan Nguyen IN , , , , No comments

Under Law on Intellectual Property of Vietnam, copyright means rights of an organization or individual to Work which such organization or individual created or owns. In addition, the subject matter of copyright shall comprise literary, artistic and scientific works; the subject matter of copyright related rights shall comprise performances, audio and visual fixation, broadcasts and satellite signals carrying coded programs.
However, in fact, it is challenging to prove the owner’s copyright if there is no prior prepared evidence. A registration of copyright is the most important proof if violation or dispute happens. The copyright registration shall deter infringement, when owner can prove that the Work is protected under copyright law.
With highly professional staff and great experience in intellectual property aspect in Vietnam, ANT Lawyers would like to support you in registering and protecting your copyright and related rights in Vietnam as following:
Our services in copyright registration
-Provision of professional opinions and advice in relation to registration of copyright and related copyright;
-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;
-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;
-Appeal and cancellation;
-Proceedings before the judicial authorities.
How to register a copyright or related rights in Vietnam?
Condition of copyright registration
A Work shall be registered its owner’s copyright if it does meet the following conditions:
-The ideas of the Work shall be presented particularly in a visible material
-The Work shall be original (Be made directly by the author without copying from any other works or people).
Required information and document
-Original Power of Attorney (POA) from the Applicant;
-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …
-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …
-Business registration certificate or establishment certificate (if applicant is association or organization);
-Written promise of being ownership of the work of the applicant;
-Some other specialized document with each specified aspect.
Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.
 Duration of copyright protection
-The following rights are protected forever:
-Right to give titles to their works.
-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.
-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.
The following rights are protected within the stipulated duration in law
-Right to make derivative works;
-Right to display their works to the public;
-Right to reproduce their works;
-Right to distribute or import the original or copies of their works;
-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;
-Right to lease the original or copies of cinematographic works and computer programs;
-Right to reproduce their works.
The protection duration of each type of Work with the above rights shall be different. In particularly, cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. Other work shall be protected for the whole life of the author and for fifty (50) years after his or her death.
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.
We assist our clients in all steps of the prosecution phase of IP management.

Chủ Nhật, 16 tháng 6, 2019

Handling administrative violations in industrial property in Vietnam – decree No.99

BY Tuan Nguyen IN , , , , No comments

The violation in industrial property create damages to business and the the end users.  The government has increased the effort to curb the violations.   ANT Lawyers’ Intellectual Property lawyers in Vietnam keep abreast with changes in the Intellectual Property laws in Vietnam to provide our client the best service. 

The Government has just enacted Decree No.99/2013/ND-CP on handling administrative violations in industrial property field.   Accordingly, the maximum fine for individual’s violation is VND 250 million (or USD 12,000) ; similar violation of organization may be fined more than 2 times and maximum is VND 500 million (or USD 25,000).
According to this Decree, the Market Surveillance Agency has competence to handle violations occurred in domestic market:
–Guiding on protection of industrial property;
–Sealing, temporary seizure of the means;
–Violating patent, trademark, design, geographical indication; producing, importing, transporting, storing for sale of goods or stamps, labels, or items bearing counterfeit marks, geographical indications; unfair competition in industrial property field.
It is entitled to seizure evidences, means of  administrative violation, deprive the use right licenses, professional practice certificates or suspend business activities of goods and services in a period of time
Decree 99/2013/ND-CP shall replace Decree 97/2010/ND-CP issued by the Government and take effect on October 15th 2013.

We assist clients with other Intellectual Property services in Vietnam. 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 in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients.
We assist our clients in all steps of the prosecution phase of IP management.
Please send us request via email at or call us at +84 24 730 86 529. We'll support you directly. Many thanks!

Thứ Năm, 13 tháng 6, 2019

How can I register a trademark internationally?

BY Tuan Nguyen IN , , , 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.

Trademarks are intangible assets, and can be bought, sold or licensed, making your company more valuable. However, you have to analyze your company to determine the value in seeking trademark protection in foreign countries. An experienced intellectual property attorney is the best person to speak to regarding this decision. There is a mechanism for obtaining a trademark in other countries: the Madrid Protocol.

Conditions of international registration under Madrid System
-People who have been granted the Certificate of Trademark Registration 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 and who have been granted a certificate of registration of a trademark shall have the right to make an international registration of the mark corresponding to the Madrid Protocol.

To sum it up, you should first file for a trademark in your home country. From there, your country will forward it to WIPO. After WIPO examines it, and hopefully approve it, it will send you a certificate of your international registration and notify the IP Offices in all the territories where you seek trademark protection in. The last step is for those territories to make a decision within the time limit (12 or 18 months) in accordance with their own rules. WIPO will record the decisions of the IP Offices in the International Register and notify you when they are made. If a particular Office refuses to grant protection, you can contest a refusal decision directly before it. Conversely, if an IP Office accepts to protect your mark, it will issue a statement of grant of protection.

Thứ Tư, 12 tháng 6, 2019

How to Establish a Company in Vietnam?

BY Tuan Nguyen IN , , , , No comments

Foreign investors may invest in the form of 100% capital to establish a limited liability company, joint stock company, partnership company or other forms in investment in Vietnam.

Foreign investors that invest in Vietnam for the first time must have investment projects and fill in investment registration or examination procedures at state agencies in charge of investment in order to be granted investment registration certificates. Investment certificates shall concurrently be business registration certificates.  Company with 100% foreign capital has founded and operated from the date of issuance of the investment certificate.
A project dossier for establishing a company in Vietnam shall comprise:

-Registration/Request for issuance of Investment Certificate;
-A report on financial capability of the investor;
-Draft of the company’s charter;
-List of members of company;
-Copy of the people’s identity card, passport or other lawful personal certification, for individual members;
-Copy of the establishment decision, business registration certificate or other equivalent document, for member organizations;
-Copies of the authorization document, the people’s identity card, passport or other lawful personal certification, for authorized representatives.
-Copies of the business registration certificates of the foreign member organizations must be authenticated within three months before the date of submission of the business registration dossier by agencies where such organizations are registered;
-Written authorization of the investor in case investor is organization and valid copy of the lawful personal certification of the authorized representative. Documents in foreign languages must be translated into Vietnamese, notarized and legalized;
-The joint-venture contract or Business Cooperation Contract (BCC);
-Other documents required by Vietnam law.

The establishment of a company in Vietnam would take from 30 days.  The extra time might be needed in case the investment area is conditional or the State government needs to examine the investment project.  Minimum capital, special licenses or other conditions might be required in certain investment projects.
ANT Lawyers – A Law firm in Vietnam has law offices in Hanoi, Ho Chi Minh City and Da Nang.  The lawyers at each law offices in Vietnam have consistently made valuable and important contributions to our profession through the cases we handled on daily basis to facilitate business transaction or represented our clients to access justice.

Thứ Ba, 11 tháng 6, 2019

If I bought an original work from an artist can I copyright it since the original work and character now belongs to me?

BY Tuan Nguyen IN , , , , No comments

First off, you can’t copyright it because it’s already copyrighted. Under modern law, copyright exists the moment a work is set down in a permanent form. It is possible for the owner of the copyright to then register that copyright, but that is not what creates the copyright.

Second, buying a physical version of a work does not give you the copyright. It doesn’t matter whether that version is the original, or even if it’s the only version. You still don’t get the copyright. The only way you can get the copyright is to buy the copyright. In order to transfer the copyright to you, the owner must do so explicitly in writing, and it must be signed. The only thing you get by buying a physical version of a work is that particular physical version.
Source: Quora