Thứ Sáu, 15 tháng 2, 2019

How can I report a trademark infringement to the US Patent and Trademark Office?

BY Mèo juna IN , , No comments

Trademark law is a civil matter. So, if you see someone is infringing your trademark rights, your best option is to initially send them a cease and deist letter. If they don't respond or they refuse, your next course of action would usually be to initiate a lawsuit against them, to get them to stop the infringing activity.

The USPTO does not directly deal with this matters. If, however, someone is trying to register a mark that you think is too similar to your trademark, then you can submit an opposition or file a cancelation with the USPTO. Again, these options only apply if the third party is trying to obtain federal trademark protection through an application.
Source: Quora

Thứ Tư, 13 tháng 2, 2019

Is intellectual property really that important?

BY Mèo juna No comments

Intellectual property protection is extremely important. When it comes to protecting IP two areas of protection should be taken in account: 1) protecting your liability and 2) protecting your intellectual property (IP).

Liabilities like the terms and conditions prevent claims initiated by people who use your website. The other liability known as privacy policy is legally required for websites that collect user data. Protecting your IP requires confidentiality agreement. Every employee, developers and programmers should sign a non-disclosure agreement in order to avoid disclosure of trade secrets, in case they are involved in your website development. IP assignment agreement is also essential for the protection of IP when you hire people to work on your website.

Among the assets of IP protection a patent is the most expensive and complex form of protection. A patent helps to prevent others from exploiting the owner’s invention. It is a territorial right exclusively applicable in the area or geographical region where a patent has been granted. It is highly recommended that you consult a patent attorney if you’re going to head in this direction.

IP protection asset like a trademark is a sign that can distinguish a good or a service of an enterprise from the other. It is protected by IP rights registered with a national or regional office of emblem, in order to confer an exclusive right to use the registered logo.

Copyright is the legal term that describes the rights of the creators on their creative inventions that could be a design, a painting; literary work etc. in simple words copyright protects the work of a creator.

Thứ Ba, 12 tháng 2, 2019

Multimodal Transport Business Regulations in Vietnam

BY Mèo juna No comments

On October 16th, 2018, Vietnam Government issued Decree No. 144/2018/ND-CP amending, supplementing the decrees on multimodal transport. Under the law of Vietnam, multimodal transport (“MT”) is the transportation of goods performed with at least two different modes of transport under the multimodal transport contract from an original place to a place designated for delivery, the carrier is liable for the entire carriage. MT business includes: International multimodal transport (“IMT”) and Domestic multimodal transport (“DMT”).

The new decree eliminates and simplifies regulations on IMT business conditions and abolishes DMT business as a conditional business line. In fact, DMT including many transportations such as transport by sea, air,… is governed by specialized laws on each transport, hence it is not necessary to stipulate additional business conditions when conducting the combined transport.

Regarding the conditions of IMT business, the new Decree no longer differentiates between domestic and foreign enterprises as in the past, all enterprises therefore must meet the followings:

(1) Maintaining a minimum amount of assets equivalent to SDR 80,000 or provide an equivalent guarantee or an alternative of financial character as regulated by laws;

(2) Having a liability insurance policy for multimodal transport operator or an equivalent guarantee.

In addition, in order to facilitate member state of the ASEAN Framework Agreement on Multimodal Transport or another international treaty on multimodal transport to which Vietnam is a signatory, new regulations are stipulated as follows:

(1) Having a registration certificate of international multimodal transport or another document of equivalent validity issued by the competent national body of its country;

(2) Having a liability insurance policy for multimodal transport operator or an equivalent guarantee.

The licenses to provide international multimodal transport service issued by competent authorities of Vietnam before the date of entry into force of this Decree are still valid until their expiration dates.

With the role of supporting trading activities, modern transports need to meet the increasingly complex requirements of the domestic and international transport market, which not only deliver goods but also connect the transport process into an uninterrupted transport chain to ensure a faster and safer transport process.

Transport lawyers at ANT Lawyers, the law firm in Vietnam have always following up the legal development on transportation to provide our clients with regular update on the matter

Thứ Tư, 30 tháng 1, 2019

If two people draw a picture, who owns the copyright?

BY Mèo juna No comments

If two people collaborate and produce a single picture, then as others have noted, they are “joint authors” and they jointly own the associated copyright. Among other things, that means a single author can unilaterally license the work to anyone and on any terms the single author sees fit. (There is, however, a requirement to share licensing revenue, if any, with the other coauthor(s).)

But you might be asking if two people independently each draw two identical or near-identical pictures. In that case, they each own the copyright in their respective work, even if the works are damn near identical.

This is true even without regard to timing. If you produce something (whether it’s a picture, a poem, a song, etc.) and fifty years later I independently produce the identical work, then (a) I’m not infringing your copyright, and in fact (b) I own the copyright to my work, even though it happens to be identical to your work.

Of course, this is kind of an academic statement. If the first work is popular, it’s damn near impossible to prove the second work was produced independently. If the first work isn’t popular, then in practice it’s unlikely there will ever be a real dispute.

Thứ Ba, 29 tháng 1, 2019

What's the best way to register an international trademark?

BY Mèo juna No comments

Here are the basic steps you need to register a trademark:
Step 1: Pick a trade mark
Let's say your company makes metronomes and is called "Metro". It's likely that the trademark (or word mark) you want to register will be "Metro".

Step 2: Decide if you want a lawyer or not
You do not need to hire a lawyer, however if you do they will be able to streamline the process and you will not have to deal with the trademark office.
Further, they will be able to answer a lot of the questions related to the steps below.

Step 3: Decide which classes you want to use to register your trademark
Trademarks are an interesting beast.

Some have complained about the fact that "ordinary" words such as Apple can be registered as trademarks. But, does that mean that only the tech company Apple can ever refer to the fruit? Of course not! That would cause a lot of problems and to overcome this barrier, the (WIPO) decided to institute a system called the “ International( NICE)classification of goods and services".

Under this Classification system you must select the goods and/or services you want to use that trademark for. Then, your trademark is protected against only those goods and/or services.

For example, if another tech company started calling themselves Apple, then the real Apple, Inc. could sue them for trademark infringement. However if a shoe company called themselves "Apple" then it's unlikely (but not impossible) that Apple, Inc. would have a claim against them.

So, if your company was selling metronomes, you would probably classify your trademark under Class 9 for metronomes (NICE classification - 9).

Step 4: Select the countries where you want to register the trademark
There is no such thing as an "international registration". You'll have to register the trademark in each individual jurisdiction (e.g. USA, EU, Brazil, India, China, etc.). So, this would be a good time to decide which countries you want to register in.

Step 5: Registering your trademark
Now you need to decide if you want to use the Madrid Protocol to register the trademark or register in each individual country...more below:

Step 5a: Madrid Protocol route
TheMadrid system for registering international trademarks allows you to designate which countries you want to register your trademark in. There are currently 91 countries who are part of the Madrid system, so there's a good chance the country you want to be register in will be among those.

Let's say you want to register your trademark in the five countries mentioned above. Here's what you need to do:
Apply for registration of the mark in one of the countries. Before you can designate the other countries for registration you need to file the trademark in a country that is part of the Madrid system. Let's say you have your office in the US. You can use the United states patent and trademark office (USPTO) to apply for a trademark for the word "Metro" in the US. The requirements to file a registration here can be found on the USPTO website.

International filing. Once you have applied for or obtained a registration in the US, you can then go to the WIPO and find the rules and documents needed to file the application in the other countries you want.

Calculate fees. This is a good time to use the Madrid system fee calculator to find out how much you will have to pay for the registrations. The more countries you register in, the more it will cost you.

Register and wait. Next wait for your registration in the US and in the designated Madrid protocol countries. You might need to deal with "office actions" which will require you to explain why you are registering the trademark and how it will be used.

Step 5b: Non-Madrid Protocol route
Some countries are not a party to the Madrid Protocol and you will have to manually register in these countries. For example, Cambodia is not a party and the only way to register here is to go to its trademark website and fill out the appropriate application forms. This can be very difficult as you may need to be physically present to submit your application.

Source: Quora

Chủ Nhật, 27 tháng 1, 2019

What is the best time for trademark registration?

BY Mèo juna No comments

Trademark is a sign for consumers to identify the goods or services of each company from those of others.
Since trademark registration is not mandatory, many entrepreneurs (especially startups) feel that it is not required and will eat up their funds. Unfortunately this is a very wrong perception and when they realise this it is too late.
In my opinion, trademark registration should be done before starting your business. Reason for this are:
1.      Before filing trademark registration application public search is performed. This is done to check whether there is an existing same or similar name already registered. This helps in ensuring that you do not infringe someone else’s trademark as it may lead to expensive law suit.
2.      You can prevent others from using your brand name and reap the profits of your hard work. This will help you in keeping check on duplicate products/services in market to reap the profits from your hard earned goodwill.

Thứ Tư, 23 tháng 1, 2019

Meeting with Mr. Victor Schachter on Jan 18th, 2019 on Development of Mediation & ADR in Vietnam

BY Mèo juna No comments

On January 18th, 2019, ANT Lawyers’ representatives Mr. Tuan Nguyen, and Ms. Thuy Do received Mr. Victor Schachter - the Founder and the President of The Foundation for Sustainable Rule of Law Initiatives (FSRI) at ANT Office Building, A9 Xuan Phuong Garden, Tran Huu Duc Street, Nam Tu Liem District, Hanoi. FSRI is a non-governmental organization which provides training, education and counseling to a range of legal providers in developing countries, including courts, judges, lawyers and mediators, with the goal of building sustainable mediation programs which achieve timely, fair and peaceful resolution of disputes.

At the meeting, Mr. Schachter emphasized the importance of mediation: "More and more big companies have been using mediation to win-win solution, they don’t want to destroy their relationship to resolve their problems”, which has been seriously taken note by Mr. Nguyen.

On the occasion of Mr Schachter’s visit, he has been informed by Mr Nguyen about the newly set up mediation center in Vietnam, the Vietnam Effective Commercial Mediation Center (VEMC) which license has been granted by Ministry of Justice in 2018.  Mr Schachter spent time to  visit the mediation facility including the training room, mediation rooms for joint meeting and private meeting and suggested some modifications according to his experience from the US’s mediation practice. VEMC will operate under the Decree No. 22/2017/ND-CP dated on February 24th, 2017 of the Government on Trade Mediation. This is the fifth mediation center of Vietnam established and operated since the Decree No. 22/2017/ND-CP officially took effect.

Since 2012, Mr Tuan Nguyen has been made aware of mediation and its benefits.  He has been attending many training since and most recently been accredited by CEDR and Ministry of Justice as mediator.

Recognizing the rise in number and complexity in commercial dispute, the 2015 Civil Procedure Code has a new chapter on recognizing mediation. In February 2017, the Government issued Decree 22/2017/ND-CP officially legalizing commercial mediation. In addition, the Vietnam Government also has been focusing on developing mediation as alternative dispute resolution by piloting court-annexed mediation centers in Hai Phong and expanding to Hanoi, Ho Chi Minh City, Da Nang, Bac Ninh, Khanh Hoa, Long An. The results and experience of the project will be an important basis for developing and promulgating the Law on Mediation and Dialogue at the Court.  A written record of successful mediation results shall be recognized and enforced in accordance with the civil procedure law. This is an advantage of mediation activity in Vietnam to encourage parties to participate in resolving trade disputes by mediation.

End the end of the meeting, both Mr Schachter and Mr Nguyen promised to continue working on initiative to promote mediation and ADR service inVietnam through training, conferences and technical assistance.