ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Tư, 19 tháng 7, 2017

Attention in Drafting Registration Application for Invention

Inventions are created with purpose to people’s life convenience and consequently bring economic benefits to the inventor. As a result, protecting the intellectual property of inventions through patent registration in Vietnam is essential.
However, applicant of invention may find it difficult in declaring some of the information i.e. name of invention, field of use, technical status of field of use, technical nature and brief description while drafting an invention description that meets legal regulations in Vietnam.

To overcome this difficulty, applicant should take note the followings:
Name of the invention: name of inventions and name of inventor should be brief without promotion.
Filed of use: the invention registration application shall demonstrate the filed in which the invention is applied or related.
Technical status of field of use: the technical shall include information of prior known technical solutions until the priority date of the same application.
Technical nature of invention: the technical nature of the invention is the purpose that the invention need to get or technical problem that the invention shall solve to overcome disadvantage or shortage of the same technical solutions declared in “Technical status of field of use” part.
The description of constitutive signs of invention: The description shall declare new signs of the invention.
Brief description with enclosed images (if any): Applicant shall declare and submit clearly the scope of protection invention request in the description. The scope shall be presented briefly, clearly and fix with the description and images as stipulation of law on intellectual property.
With professional staff and vast experience in Intellectual Property aspect in Vietnam, ANT Lawyers could support inventor in advising and drafting dossier to request patent protection in Vietnam.
ANT Lawyers is a Law firm in HaNoi with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at (+84) 24 32 23 27 71.


Thứ Hai, 17 tháng 7, 2017

Why Client Should Retain Real Estate Lawyers in Vietnam?

Due to changes in law attracting foreigners to come to live, and invest in Vietnam, foreigners have growing interest in investment and acquiring real estate.  However, as real estate is valuable assets, the law on real estate ownership and real estate transactions are complicated, especially for foreigners.

Under the land ownership regime in Vietnam, land belongs to the entire people with the State acting as the owner’s representative and uniformly managing land.  Hence, in Vietnam, the land users will have the land use right without the private ownership of the land.  Land law 2013 does not allow foreigner to have land use rights in Vietnam. It only allows foreign invested enterprises to be permitted to use land through the form of land allocation or lease.
Although foreigner do not have land use rights in Vietnam, they are allowed to own houses in Vietnam under the Law on Housing. In addition, the Law on Real Estate Business has certain limitations for foreign investors to conduct real estate business in Vietnam and must meet the legal requirements.
Foreign investors investing in Vietnam wish to use the land to conduct business activities, or intend to conduct real estate business in Vietnam, or simply a foreigner wishing to purchase and own real estate in Vietnam should be aware of the legal provisions on conditions of implementation, orders and procedures to of the transactions to minimize risks.  The assistance of the lawyers on real estate in Vietnam shall be worthwhile.
Real estate lawyers in Vietnam would have in-depth knowledge of the Land Law, Law on Housing, Law on Real Estate Business and related regulations. In addition, they would have practical experience in implementing legal procedures, handling disputes, and supporting real estate transactions in Vietnam. The real estate lawyers could explain the restrictions on land use rights of foreign organizations and individuals in Vietnam and the conditions for conducting business in real estate in Vietnam.  The lawyers at request could assist the foreigners with the process and procedures to work with state agencies to obtain land use rights for enterprise and home ownership rights for individual more effectively.
When conducting transactions related to real estate such as buying, selling, transferring, renting, leasing, real estate lawyers could also provide assistance in in legal due diligence of the real estate to minimize legal risk to clients. It is important to evaluate the legal status of the property, the owner of property, whether property is in dispute, or subject to additional requirements of government before being sold by the developer and the people eligible for entering into the transaction. In addition, the lawyers in Vietnam can advise clients to draft or review the agreements, sales contract as well as the process to legalize the process to comply with the law in Vietnam.
Source: antlawyers.vn

Thứ Sáu, 14 tháng 7, 2017

International Trademark Registration Under Madrid Protocol/ Agreement

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.

With highly professional staff and great experience in intellectual property practice in Vietnam, ANT Lawyers would support the in registering your trademark under Madrid Protocol/ Agreement (Madrid System)
Conditions of international registration under Madrid System
People who have been granted the Certificate of Trademark Registration in Vietnam 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 in Vietnam and who have been granted a certificate of registration of a trademark in Vietnam shall have the right to make an international registration of the mark corresponding to the Madrid Protocol.
International registration application originating from Vietnam
An application for international registration of a mark designating a contracting party to the Madrid Agreement as a country to be registered and not designating any country member of the Madrid Protocol must be made in French.
An application for international registration of marks designating at least one member country of the Madrid Protocol, including the designation of a country party to the Madrid Agreement, must be made in English or French.
The declaration shall be as form provided by Vietnamese competent Authorities. The declaration shall designate the countries being parties of the Madrid Agreement (may simultaneously be a Member of the Madrid Protocol) and the country member of the Madrid Protocol to which the applicant wishes to apply for trademark protection.
The applicant shall ensure all information is accurate and in accordance with information in attached document.
International registration office for application from Vietnam
International application shall be filled at International Bureau through National Office of Intellectual Property of Vietnam
The date the National Office of Intellectual Property receives the application for international trademark registration shall be the date of the filing if the International Bureau receives the application within two months from the date of receipt. If the application is not completed for submission to the International Bureau within the above time limit, the date of receipt shall be the date of filing the application to the International Bureau.

Thứ Hai, 10 tháng 7, 2017

Patent Registration under PCT Procedure

Vietnam joined in Patent Cooperation Treaty (PCT) on March 10th 1993 and originations, individuals can register international patent as provided in PCT by filling registration application at National Office of Intellectual Property of Vietnam (NOIP). NOIP has responsibility to examine and handle the application as provided in PCT.

With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in filling international patent under PCT procedure:
Required Document
03 English written declaration for registration PCT application originating in Vietnam;
02 Written descriptions including images or drawings (if any) ;
02 written request of invention protection;
01 Original Power of Attorney;
Other related document (if only).
International Patent registration originating in Vietnam under PCT
Receipt of applications:A registration application of an invention shall be filed in Vietnam, including protection claims in any of the Member Countries of the PCT Treaty (hereinafter referred to as the PCT application originating from Vietnam). The application shall be submitted directly or by mail to the NOIP or the International Bureau of the World Intellectual Property Organization (hereinafter referred to as the International Bureau)
The international search process:This process shall be conducted at competent authorities (National or regional patent office that meets the requirements set by PCT and be designated by PCT General Assembly). National patent office with PCT application originating in Vietnam is: Intellectual Property office of Australia, Austria, the Russian Federation, Sweden, Korea and the European Patent Office.
Publication of the international application: PCT application originating in Vietnam shall be posted at PCT Gazette.
The international preliminary examination: Conducted by the international preliminary examining authority as provided in PCT. The purpose of examination is to give a preliminary and non – binding opinion whether the invention in the application meets the requirement protection or not. Examining authority shall make a preliminary examining report and send to International Bureau.
National or regional phase: international application shall be examined form and content as regulation of normal patent registration in each nation.
Note:
Applicants must specify which countries they want the international application to take effect.
Each international application is subject to international search to find out the relevant technical status known to provide preliminary and non-compulsory claims on inventions that require novelty, creativity and usefulness. Therefore, the Contracting Party designated for patent protection is entitled to apply the standards of an invention under its domestic law in relation to the known state of the art and other conditions of competence. Patent shall be decided whether to be accepted for the protection based on the application.
ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at (+84) 24 32 23 27 71

Thứ Sáu, 7 tháng 7, 2017

Import ban on used machines hits Japan investment

HCMC - The ban on import of machineries and equipment that have been used for over 10 years has negatively affected Japanese investment activity in Vietnam.

Speaking at the opening ceremony of the international machinery exhibition MTA Vietnam 2017 in District 7, HCMC on Tuesday, Takimoto Koji, chief representative of the Japan External Trade Organization (JETRO) in HCMC, said Vietnam is an attractive destination for Japanese investors. However, the import ban on certain secondhand machinery has deterred Japanese investors from setting up shop in Vietnam.


He said when Japanese companies move their production abroad, they would bring along their used machines and equipment which are still in good condition. Therefore, Japanese firms suggested Vietnam allow businesses to freely import used machines.

The suggestion was earlier sent by the Japanese Business Association to the Ministry of Science and Technology and other ministries and agencies. According to the association, the import restriction on secondhand machinery affects business expansion and foreign investment in Vietnam.

Circular 23/2015/TT-BKHCN which replaces Circular 20/2014/TT-BKHCN stipulates that machinery, equipment and production lines that have been used for over 10 years are prohibited from being imported into Vietnam from July 1, 2016.

However, many domestic and foreign companies have described the regulation as inappropriate because many machines manufactured in Japan and the EU could be used for up to 20 years.

Circular 23 still offers some leeway for machine importers. If companies want to import over-ten-year-old machines to maintain their operation, the Ministry of Science and Technology will examine their documents and coordinate with relevant ministries and agencies to decide whether their machines can be brought into the country or not.

Source: The Saigon times

Thứ Hai, 3 tháng 7, 2017

What could be assisted in an M&A Deal by a law firm?

M&A, abbreviated by Mergers and Acquisitions is expanding in both quantity and volume in Vietnam in many sectors. Successful M&A deals depend on various factors and legal due diligence, and drafting agreements are important processes in Vietnam.
For investors whom are interested in M&A deal in Vietnam as buyer or seller,it is important to hire a law firm that will assist in the process. The law firm in Vietnam could provide assessment of the target company through a legal due diligence, a legal background directly related to M&A deal, all of which are necessary to the completion of a successful deal. The attorney could then draft the letter of intent, and legal contracts, including the final purchase agreement, which will include a lot of stipulations that will need to be done correctly in order for the business transaction to be beneficial to both parties and in compliance with Vietnam regulations.

A law firm with expertise of Vietnam regulations, with the lawyers having experience and legal knowledge will be able to provide the clients with the right check-list of the documents to review.  In addition, the presence of lawyers contributes to strengthening the trust of the parties. In recent years, foreign businesses have often made acquisitions of all or part of a Vietnamese enterprise, and they often require the seller to engage law firms specializing in M&A. And now, not only the foreign businesses but also the Vietnamese parties are in need of conducting M&A deals with the participation of lawyers to ensure the success.
Lawyers shall conduct legal due diligence of enterprises, check reports and explanations with prudence, honesty and efficiency. They help the buyer and/or seller to understand their legal status, legal rights and obligations, legal regulations for assets, labor contracts, land records, construction and investment registration, certificates, and licenses and other matters. This is the basis for determining the status of enterprise and possible legal risks may cause. Lawyers will conduct and produce the most comprehensive, accurate, legal and objective information and legal documents by their professional, knowledgeable and ethical.
Lawyers shall advise the structure of an M&A to ensure the commercial intent that the parties are aiming and shorten the execution time and costs. In addition, it ensures the legality of procedures, safety and minimizes the legal and financial risks for the parties.
There is no common contract template for all M&A deals. Lawyers shall actualize the trade agreements, the will of the parties to the legally binding terms of the contract as well as clearly defines the rights and obligations of the parties to ensure the enforceability, minimize unlawful agreements or unclear terms that may cause the subsequent disputes.

 Source: antlawyers

Thứ Tư, 28 tháng 6, 2017

Foreign investment surges by over half in Jan-Jun

Total fresh foreign investment approvals in the country in the year’s first half have soared 54.8% to over US$19.2 billion, with Japan emerging as the biggest foreign investor, according to the Ministry of Planning and Investment.

Updated data from the ministry shows 1,183 foreign direct investment projects worth US$11.83 billion had got investment certificates in the year to June 20, rising 57.9% year-on-year. Active foreign investors had pumped US$5.14 billion into 549 projects, up 35.8% against the year-earlier period.
Meanwhile, foreign investors had also spent US$2.24 billion buying shares of domestic firms on the stock market, almost double the same period last year.
As such, the total foreign investment approvals, including fresh direct investments, additional funds injected into operational projects, and portfolio investments in the first half have amounted to US$19.22 billion.
FDI projects so far this year have disbursed US$7.72 billion, up 6.5% against the same period last year.
Japan takes first position
Capital committed by Japanese investors has amounted to US$5.08 billion, accounting for 26.45% of the total US$19.22 billion in the first half. This is the first time in as many years Japan has become the biggest foreign investor in Vietnam, having trailed behind South Korea as the latter boasted big-ticket projects by Samsung and LG in previous years.

The uptrend in Japanese investment in Vietnam is poised to continue following the successful Japan visit early this month by Prime Minister Nguyen Xuan Phuc. During the visit, enterprises of the two countries struck many deals worth US$22 billion, which will be implemented in the coming time.
At an investment conference in Japan on June 5, PM Phuc and his Japanese counterpart Shinzo Abe pledged to continue policies to support Japanese investors in Vietnam.
Japanese investors are also having a positive view on the business environment in Vietnam. Hiroyuki Ishige, chairman of the Japan External Trade Organization (JETRO), has recently announced results of a survey of Japanese enterprises operating overseas in the fiscal year ending March 31.
According to the JETRO survey, Vietnam is seen as the third most important market for Japanese exporters behind China and the United States. This ranking is quite significant given the different sizes of the three economies.
However, the number of Japanese enterprises wanting to expand business in Vietnam has increased for the second consecutive year, from 32.4% in the previous survey to 34.1% in the latest survey. In this respect, Vietnam also ranks third among the most favorable destinations for Japanese investors

Source: The Saigon Times