Thứ Tư, 18 tháng 10, 2017

The Benefits of Mediation Services in Vietnam

BY Juna Mèo IN , , No comments

The process of integrating with market economy is developing strongly, which creates many opportunities for businesses to extend their operation and cooperate with international companies. As a result, dispute arising is inevitable. To coincide with benefits, especially information confidentiality under parties’ agreement, commercial mediation is one of the commercial alternative dispute resolution which is more and more popular.
Commercial mediation is a dispute resolution negotiated by parties and the mediator is the third party as an intermediary to support parties to resolve dispute under the regulations of Decree 22/2017/ND-CP on February 24th, 2017. Following the regulations, commercial mediation can be negotiated by parties before, after or at any time of dispute resolution process. By Decree 22, commercial mediation is applied in cases of a dispute between parties with at least one party practicing commercial activities or another dispute under the laws can be resolved by the commercial mediation. Moreover, participating in commercial mediation is voluntary and all the information of mediation shall be kept secret under parties’ agreement, provided that agreement’s content is legal.

Commercial mediationis becoming a popular dispute resolution because of its simple and flexible procedure, economical cost for parties. Parties have chance to choose a suitable procedure and avoid complicated legal procedure. Under the law on parties’ self-determination to choose any mediator and a place to proceed procedures, which helps parties select a mediator with professional skills on dispute resolution. Furthermore, parties could reach an agreement with good will and cooperating spirit. Both still continue to develop and protect business relationship because of parties’ benefits. Under the Decree, all the information involving dispute must be kept secret, unless parties have written agreement or current law has other regulations.
Under the law, parties are entitled to choose a mediator to resolve dispute. According to Decree 22/2017/ND-CP, commercial mediators include commercial case mediators and mediators from commercial mediation institutions selected by the parties or appointed by a commercial mediation institution at the request of disputing parties to support them to resolve dispute pursuant to regulations of this Decree. A person who wants to become a mediator must qualify conditions of Article 7 of Decree 22. Apart from general moral standards following Law on Civil, mediators must have a university or higher qualification and at least two years of working experience in their educated discipline, also mediation skills as well as legal understanding, knowledge of business and commercial practice. Instead of bringing the case to court, which parties cannot predict the result, even inextricable, choosing a mediator who is knowledgeable and experienced could help parties resolve dispute smoothly.
Pursuant to Civil Procedure Code 2015, time for resolving commercial disputes belonging to the jurisdiction of the Court could take years. Meanwhile, choosing mediation, parties take less time to resolve dispute. Moreover, dispute is absolutely resolved by parties’ agreement because in the mediating procedure, with mediator’s support, parties can show their decision on dispute resolution. Then, they can save significant cost.
Another benefit of dispute resolution is that parties decide themselves how to resolve dispute and can know the result. This is a prominent advantage of dispute resolution compared with other resolutions, which have unpredictable result. Importantly, mediation is a private procedure so that parties’ name is not revealed publicly during mediating procedure, decrease hazards to parties’ business reputation.
According to Investment Climate Advisory Services of the World Bank Group, Alternative Dispute Resolution Center Manual: A Guide for Practitioners on Establishing and Managing ADR Centers, mediating resolution has brought many benefits. For individual benefits, mediation reduces the need for enforcement proceedings to ensure one party complies with an agreement, since the parties enter into their settlement agreements consensually. For private sector benefits, mediation enhances private sector development by creating a better environment for business. It lowers the direct and indirect costs that businesses incur in enforcing contracts and resolving disputes.

How ANT Lawyers Could Help Your Business?
Contact Us for ADR & Mediation Services provided by qualified mediators and lawyers, supported by field experts. Via email ant@antlawyers.vn, office tel (+84) 24 32 23 27 71 or talk to our partner directly at + 84 912 817 823.




Thứ Ba, 17 tháng 10, 2017

ADR & Mediation Services in Vietnam

BY Juna Mèo IN , , No comments

A lack of awareness about the benefits of mediation leads to huge amounts of money being spent by businesses on court proceedings.” “But it is not just about financial and time costs; it’s also about relationship costs. Lengthy legal proceedings mean hundreds of thousands of broken commercial relationships,” said Arnaldo Abruzzini, Secretary General of Eurochambers.

The advantages of alternative dispute resolution processes such as commercial mediation, conciliation, and arbitration over litigation are numerous.  Disputing parties can expect to benefit from less costly and much faster process, with commercial proceedings seldom taking longer than a week, the ability to maintain amicable relationships with one another (and save face), and full confidentiality in the process. The legislative basis for mediation is noted to improve and countries, such as Vietnam, have pursued mediation reforms as a response to contemporary demands.

At ANT Lawyers we have a team of qualified mediators and arbitrators who have years of experience working with difficult situations and who will guide you through the process to reach a settlement that works for you both, financially and commercially.
Our mediators are accredited by leading organisations from Canada and USA.

ANT Lawyers ADR & Mediation Services offer mediation and conflict resolution services to assist businesses, employers, groups, organizations in resolving disputes, differences and conflict, and promote the use of ADR and Mediation through training services.
ANT Lawyers is supported by a team of experienced mediator, attorneys with qualification and skills handling full range of legal services relating to ADR & Mediation in Vietnam.
Let ANT Lawyers help your business in Vietnam.

Contact Us for ADR & Mediation Services
provided by qualified mediators and lawyers, supported by field experts
via email ant@antlawyers.vn, office tel (+84) 24 32 23 27 71 or talk to our partner directly at + 84 912 817 823.


Thứ Sáu, 13 tháng 10, 2017

From what age a minor can apply for patent under US law?

BY Juna Mèo IN , , , , No comments

In the United States, each named inventor must execute an oath (declaration) as required by 37 Code Federal Regulations 1.63(a)(1):

(a) The inventor, or each individual who is a joint inventor of a claimed invention, in an application for patent must execute an oath or declaration directed to the application, ….
There is no minimum age for a person to sign the oath or declaration, so long as they are competent to understand what they are signing, including the claims (gasp!) and be able to appreciate the duty of disclosure to the U.S. Patent Office all information known to be material to patentability. See e.g., 37 CFR 1.63(c):

(c) A person may not execute an oath or declaration for an application unless that person has reviewed and understands the contents of the application, including the claims, and is aware of the duty to disclose to the Office all information known to the person to be material to patentability as defined in § 1.56. There is no minimum age for a person to be qualified to execute an oath or declaration, but the person must be competent to execute, i.e., understand, the document that the person is executing.
I hope this addresses your question adequately.

Best wishes for success with your invention!

How ANT Lawyers Could Help Your Business?
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Thứ Tư, 4 tháng 10, 2017

Is intellectual property dead?

BY Juna Mèo IN , , , No comments

Intellectual property is far from dead. Trademarks are worth billions of dollars and copyright is at the root of the entertainment industry around the world. The example you cite probably refers to patents.

Patents are valuable for enhancing profit if you have a success in the marketplace. Patents will not make your product succeed with consumers. But if you have a success and have an effective Patent, then you can continue to charge higher than normal prices. This will give your business greater value if you wish to sell - out.

Unfortunately, although investors often insist that you have patents or pending patent applications, for the greater part these prospective patent rights will not have a meaningful impact on competitors in the marketplace. Perfectly valid patents issue that have “loopholes”. Of course if they cover irrelevant features then competitors will not be bothered by them. They will just omit marketing competing products that include the irrelevant feature.

Accordingly, Intellectual Property is not dead. But whether it is relevant is highly conditional, particularly in the case of patents.
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 Ba, 3 tháng 10, 2017

Hau Giang Reduces 50% Investment Licensing Time

BY Juna Mèo No comments

Hau Giang province affirmed to speed up administrative procedures reformation, reducing 50% of the time for granting investment licenses and business registration, creating favorable conditions for investors when they set up business.
In which, Hau Giang province is calling for investment in 7 key projects, including industrial zone infrastructure development, hi-tech agriculture and ecotourism… with a total investment of nearly 300 million USD.
According to the vice chairman of Hau Giang People’s Committee, besides the policies in accordance with general regulations, localities also have their own incentive mechanisms for investors such as tax incentives, land rent exemption and reduction, investment support for manufacturing, preservation and processing facilities…, especially projects for sustainable development of agriculture and high technology application…
Furthermore, Department of Planning and Investment of Hau Giang province affirmed that the local authorities will shorten the maximum time for carrying out procedures, creating favorable conditions for enterprises and investors. Specifically, the business registration procedure is 3 days according to the law, but the locality can complete in 1.5 days. Regarding the investment policy, the law regulates 32 days but it is shortened to 15 days by the locality; time to receive and appraise for issuing investment certificate is only 3 days; discounted 2 days as prescribed.
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 Sáu, 29 tháng 9, 2017

How can I obtain a patent which is universal all over the world?

BY Juna Mèo No comments

First off, let me be a little picky about your terms. You want to know about a patent that is worldwide, not universal. There are no patents on Jupiter.

There also is not a worldwide patent right. Each country (or the few groups of countries who form these groups for patent purposes) has its own patents that grant patent rights in those countries. Even if you filed an application and obtained a patent in every country that has patents, you still wouldn’t have worldwide coverage because there are some countries without a patent system.

It is not likely that you need patent rights in every country anyway, so it all works out.

How ANT Lawyers Could Help Your Business?
To learn more about ANT Lawyers IP Practice or contact our Patent Attorney inVietnam for advice via email ant@antlawyers.vn or call our office at +8424 32 23 27 71



Thứ Năm, 28 tháng 9, 2017

How to Obtain Business Registration Certificate in Vietnam?

BY Juna Mèo No comments

How to establish a joint stock company or limited liability?
Every organization and individual wishing to set up a foreign owned company in Vietnam shall need to meet some specifics conditions as promulgated under the Law on Investment and Law on Enterprise.  In specific areas being considered as conditional investment, the investor shall also need to consult with the law governing the area of investment. Once the investment registration certificate is completed, the investor has the obligation to apply for enterprise registration.
The procedure to register for a certificate of enterprise registration of a joint stock company or limited liability with two or more members are herein mentioned:
Dossiers:
i) Application form for enterprise registration
ii) The company’s charter.
iii) A list of founding shareholders and shareholders being foreign investors/ a list of capital contribution members.
iv) Valid copies of:
Copies of the ID card or other ID papers of founding shareholders and foreign investors/members being individuals; list of authorized representatives of foreign shareholders being organizations.
Decision on establishment, certificate of business registration, or an equivalent document of the organization and the letter of authorization; the ID card or other ID papers of the authorized representatives of founding shareholders and foreign investors being organizations.
If shareholders are foreign organizations, the copy of the certificate of business registration or an equivalent document must be notarized, legalized and authenticated.
The Certificate of Investment registration of the foreign investors as prescribed by the Law on Investment.
State Authority: Business registration office of the province where the enterprise’s headquarters is situated.
Period: within 03 working days from the full receipt of the dossiers
Result: Business registration office shall issue the certificate of enterprise registration or if the application is not satisfactory, business registration office shall inform the applicant of necessary revisions and supplementation to company.

In general, Vietnam government encourages foreign direct investment.  If the investor faces challenges at state authority, whom do not issue notification or request of supplementation to the application for enterprise registration, the investor cold lodge a complaint as prescribed by regulations of law on complaints and denunciation to the state authority to protect its right in doing business andinvestment in Vietnam. A law firm in Vietnam with expertise in both business registration and dispute resolution could assist the investor in the process.
The enterprise is entitled to do business from the issuance date of the certificate of enterprise registration. For conditional business lines, enterprises are entitled to engage in conditional business lines if they satisfy all conditions and are capable to maintain fulfillment of such conditions throughout their operation

How ANT Lawyers Could Help Your Business?

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