Thứ Sáu, 21 tháng 9, 2018

Why does Coca Cola Company fail to protect their receipe with patents?

BY Mèo juna IN , , , , No comments

We shall remember that, at any time, choices of IP protection shall always rest on profitability. If the patent protection make people lose money, then people would choose to avoid that.

By patenting the receipe of coke, Coca Cola company have to DISCLOSE the receipe to the world. In return, the receipe MAY be protected for a max of 20 years. After the protecting period expires, Coca Cola receipe falls into public knowledge, and anyone may use it anywhere.

It is not so easy to crack the coke receipe. Why would Coca Cola disclose their receipe to exchange for a short protection?

Surely, if the receipe is disclosed accidentally, anyone in the world may begin to use this receipe, and numberous competitors appear. In order to minimize the harm brought by the possible competitors, Coca Cola has invested a lot of money on their Trademarks and Scale of Production.

Now Coca Cola have a famous brand. Even two coke products taste the same, you would still choose Coca Cola.

By holding huge scale of production, Coca Cola is able to produce coke at a very very low cost. Even when another company begin to produce the same coke, they can never make coke this cheap.
Even when it is profitable to patent your product, you may still see no “patent” directly linked to a particular “product model”. See iPhone. Thousand of patents may be linked to the product, and there is no patent to protect “iPhone X”. We may need such strategies to mislead competitors, max the protection range, …

Thứ Năm, 20 tháng 9, 2018

Anti-dumping of Goods Imported to Vietnam

BY Mèo juna IN , , , , No comments

Recently, the Ministry of Industry and Trade of Vietnam has carried out investigations to apply anti-dumping measures against some commodities imported into Vietnam.
The law of Vietnam also has a number of law documents governing this matter in detail. Specifically, ordinance No. 20/2004/PL-UBTVQH11 issued on April 29th, 2004 of the Standing Committee of the National Assembly and the Decree No. 90/2005/ND-CP issued on July 11th, 2005 governs the anti-dumping matters and the regulations on the implementation of several articles of the ordinance on anti-dumping of goods imported to Vietnam.

In terms of content, ordinance 20/2004 regulating the anti-dumping measures; procedures, contents of investigation for application and the application of such measures against dumped goods imported into Vietnam. Decree 90/2005 regulating the implementation of some articles of the Ordinance 20/2004 on the anti-dumping investigation agency, the Council that handling anti-dumping cases; procedures, contents of investigation and the application of anti-dumping measures to goods imported into Vietnam.
On December 24th, 2015, Ministry of Industry and Trade of Vietnam has received written request from 4 Vietnam companies about applying anti-dumping measures to galvanized steel products imported into Vietnam from People’s Republic of China (including Hong Kong) and South Korea.
The requesting parties (4 Vietnam companies) believe that quantity and prices of the product under investigation and other factors have created negative impact their goods consumption, leaded to negative effects on production activities; for example, domestic goods’ market share has decreased, loss ratio has increased, price of domestic products has fell and inventory has risen… Moreover, increasing import products brings about damage to domestic industry. Hence, an investigation has been implemented by the investigation agency, which is the Vietnam Competition Authority (VCA), under the Ministry of Industry and Trade. The VCA will publicly hold a consultation with related parties before finishing the investigation stage. The Vietnam Ministry of Industry and Trade will apply anti-dumping tax which comes into effect retroactively in order to prevent the considerable increase of dumping goods in Vietnam that have caused damages to the domestic industry.
ANT Lawyers is a law firm in Vietnam having lawyers with specialization in international trade, and dispute especially WTO laws and anti-dumping laws to handle the anti-dumping matters on behalf of manufacturers and traders to achieve the best result.

Thứ Ba, 18 tháng 9, 2018

I have been selling books and realized one of them is a copyrighted. What should I do?

BY Mèo juna IN , , , No comments

Almost any written work is copyrighted. Rights exist as soon as the proverbial pen leaves the page; i.e., there’s no “copyright application” process or anything like that. (There is a copyright registration process, in which an author deposits a work with the Library of Congress. But this registration process is optional. Moreover, you don’t have to have a copyright notice, i.e., a legend like “(c) 2018, Charles The Patent Lawyer” somewhere in the book. That’s also optional.

In any case, don’t worry. Copyrights do prevent unauthorized reproduction and distribution. But copyrights do not prevent selling works you otherwise lawfully own.

There’s an idea called “exhaustion,” also called “the first sale doctrine.” Roughly speaking, it stands for the idea that a rights-holder exhausts some of the rights associated with a particular copy of their work when they sell the work. Among the exhausted rights are the right to sell that particular copy.

In other words, if I buy a copy of Harry Potter, I am not authorized to reproduce the entire book word-for-word on my blog. I’m not authorized to make copies and give or sell them to my friends. But I am allowed to lend or sell my particular book to others.

Thứ Hai, 17 tháng 9, 2018

How do I make a secure copyright image?

BY Mèo juna IN , , No comments

I only can offer a perspective under US law. Three things you can do to help you enforce your copyright interest in a phone.

Register the photo with the US copyright office. You now can do it online.

Put a copyright notice on it. For example, (c) 2018 Your Name, or “Copyright 2018 Your Name.” You are not required to register with the US Copyright Office to use the notice.

Put a watermark on it. Best approach, a watermark with your copyright notice.

Keep in mind that these steps will not provide 100% full protection against infringement. But these steps will put others on notice that you assert a copyright interest in your photos, and you will be in a stronger position in the future to protect your rights.

Thứ Tư, 12 tháng 9, 2018

When Can the Buyer Suspends the Payment of the Goods Under International Sale Contract?

BY Mèo juna IN , , , No comments

In the execution of sales of goods contract, there are cases in international trade that allow buyer suspend the payment of the value of the goods to the seller.
According to Article 51 Law on Commerce 2005, it is regulated that, unless otherwise agreed, the suspension of payment for goods is provided for as follows:
-The buyer that has proofs of deceit of the seller shall have the right to suspend the payment.
-The buyer that has proofs that the goods are subject to a dispute shall have the right to suspend the payment until the said dispute is settled.
-The buyer that has proofs that the seller has delivered goods which do not conform with the contract shall have the right to suspend the payment until the seller remedy such inconformity.

However, it is suggested that the buyer or the seller to consult with internationaltrade lawyers in Vietnam for specific situations in potential contract dispute to avoid breaching the agreements.

Thứ Ba, 11 tháng 9, 2018

When is Bank Guarantee Obligations Terminated?

BY Mèo juna IN , , , No comments

According to Vietnam Law on Credit Institution, and Circular 07/2015/TT-NHNN on bank guarantee, bank guarantee refers to a type of credit whereby the guarantor undertakes to act on behalf of the obligor to fulfill their financial obligations to the obligee in the event the obligor fails to fulfill or insufficiently fulfill their agreed-upon obligations to the obligee; the obligor must take on their debt obligations and repay the guarantor.
Bank guarantee obligations shall be terminated under the following circumstances:
a) The obligor’s obligations are discharged.
b) The guarantee obligations have been fulfilled in accordance with the guarantee commitment.
c) The guarantee is cancelled or replaced by other guarantee measures.
d) The guarantee commitment has ended its validity.
e) The obligee has been exempted from liability to fulfill guarantee obligations to the guarantor.
f) Parties agree to terminate.
g) The contract which obligations is guaranteed and that part or whole contract are not executed is invalid or void.
h) Guarantee obligations shall be terminated under other circumstances in accordance with legal regulations.

Thứ Hai, 10 tháng 9, 2018

Why aren't startup business models protected by copyrights?

BY Mèo juna No comments

There is no law that can automatically grant protection to a business idea or a business model.

Why? The Laws of Intellectual Property do not protect ideas, rather, they protect the individual expression of their ideas. Given the right to freedom of expression no law has the power to restrict or override such fundamental right. This means that someone can copy or make a variation of your original business idea.

How can I protect my business idea?
One of the simplest ways of safeguarding your business model is to keep it private. You can simply sign a Non-disclosure Agreement ( NDA) with your business partner or investors to ensure that there is no information leak. Alternatively, you may sign a non-compete agreement with your co-founders or employees which will prevent them from operating in a competing manner or develop competing products upon termination of their employment with your business.

To make things clear. There are four main types of Intellectual Property that can be legally protected.

Copyrights : protect creative works where one can show sufficient individual input

Industrial Designs : protects the ornamental or aesthetic aspect of a physical item

Trademarks : protect commercial brand name logo, images, slogans that distinguish your business from other businesses

Patents : protect original inventions that are available for commercial use