What’s a Patent?

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent. A patentee must disclose the invention in a patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.

Patent Law Firm in Vietnam

INVENTIONS PATENTABLE

-Art, Process, Method or Manner of manufacture;

-Machine, Apparatus or other Articles;

-Substances produced by Manufacturing

-Computer Software which has Technical application to Industry or is used with Hardware

-Product Patent for Food / Chemical / Medicines or Drugs.

INVENTIONS NOT PATENTABLE

-Frivolous or obvious inventions.

-Inventions which could be contrary to law or morality or injurious to human, animal or plant life and health or to the environment.

-Mere discovery of the scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature

-Mere discovery of any new property or mere new use for known substance or the mere use of a known process, machine or apparatus- unless results to new products or employs one new reactant.

-Producing a new substance by mere admixtures of substances.

-Mere arrangement/rearrangement or duplication of known devices functioning independently.

-Method of agriculture and horticulture

-Any process for the medicinal or surgical, curative prophylactic, diagnostic, therapeutic or other treatment of human beings, animals to render them free of disease or to increase their economic value or that of their products.

T-he biological processes for production or propagation of plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species (new plant varieties can be protected by the protection of plant varieties and farmers act 2001).

-A mathematical or business method or algorithms.

-A Computer Programme per se other than its technical application to industry or a combination with hardware.

-Aesthetic creation including cinematography and television production.

-Method for performing mental act or playing game.

-Presentation of information.

-Topography of Integrated Circuits.

-Invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known components.

-Inventions relating to Atomic Energy.

REQUIREMENTS FOR FILING THE PATENT IN INDIA

-Full name, address & nationality of applicant (s) and inventor (s).

-Specification, provisional / complete drawings , claims and abstract.

-List of countries to claim priority , if any, where the application / applications for the grant of patent has / have been filed , along with date and application number.

PROCEDURE FOR THE GRANT OF PATENT

-After filing Patent Application in India, a Request for Examination is filed with the Patent Office

-Thereafter the application is examined by patent office and objections, if any, are raised thereto.

-After removal of all the objections, the Patent is granted and is advertised for Opposition Purposes.

-The Patent is Open for third party opposition(s), if any, for a period of ONE YEAR from the date of advertisement.

RENEWAL

The patent is renewed every year from the date of patent.

Disclaimer: All the content provided in this article is for information purposes only. The owner will not be liable for any losses, injuries or damages from the display or use of this information. The owner of this blog is an intern at Legistify. To reach more such informative blogs, follow this link https://www.legistify.com/blogs

Source: Quora

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Sharp Plans to Build A New Factory in Vietnam, Operating in 2020

China will not be Sharp’s place of manufacturing LCD screens for cars sold in the US, this stage will be transferred to Vietnam. Sharp is going to set up factory in Vietnam.

According to Sharp, they will build a new factory in Vietnam to avoid the new tax imposed in the long-running US – China trade war.

The factory in Vietnam will assemble LCD screens for cars sold in the US. At the same time, about 10% of Dynabook’s production of personal computers can also be transferred from China to the new facility.

Sharp has not disclosed the investment amount to build a new factory but said it will operate in 2020 near Ho Chi Minh City. At the same time, Sharp will establish a subsidiary company with a capital of 25 million USD to operate the plant. In addition to LCD screens, this factory will also produce air conditioners and other electronic devices for sale in Vietnam.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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Which country does a patent process fast?

South Africa is a non-examining country, so you can get a granted patent in under a year. But, because it is so easy to obtain, the value has little weight or sway. This is especially true of the patents value outside of the granting country. i.e. For the PPH program. In such cases, the granted patent is little more than a ticket into the court room where you can then argue over questions of novelty, non-obviousness, and usefulness. (All the decision factors that delay patent granting in most other countries.)

Patent Law Firm in Vietnam 

Many countries will prosecute a patent application faster if you pay an extra fee for expedited processing, or if your patent is the subject of an infringement or other litigation issues.

I can’t think of any situation where speed of issuing should be a decision factor in patenting. There are much more important criteria. A licensed patent attorney will be able to help you develop an international protection arrangment based on your business needs and industry.

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.

Source: Quora

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What is copyright infringement?

The U.S. Copyright Office provides this definition of copyright infringement:

As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.

Copyright in Vietnam

A copyrighted work is a literary, musical or artistic work that is fixed in a tangible medium (paper, canvas, computer file, audio or video recording, etc.). Such protection lasts for a limited period of time (in the United States, that period for works created after January 1, 1978, is the life of the author plus an additional 70 years). Protected works include poetry, novels, movies, songs, computer software, and architecture.

Copyright does not protect names, titles, slogans, short phrases, ideas, concepts, systems, or methods of doing something; however, these things may be protected as trademarks or patents.

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.

Source: Quora

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Da Nang – Japan Signed a Memorandum of Establishing Cooperative Relations between Da Nang city and Kisararu city

On July 26^th, 2019, representatives of Da Nang City People’s Committee and representatives of Kisararu city, Japan signed a Memorandum of establishing cooperative relations between the two cities, to promote business and investment in Vietnam.

Set-up company in Da Nang

The content of the Memorandum include the discussion of the experience and cooperation in the investment attraction of the two cities. In addition, the parties committed to create the most favorable conditions for the investors of the parties to explore the market and invest in each city. In addition, Da Nang City pledged to regularly hold periodic local seminars to introduce investment opportunities, potentials and investment areas.

In addition, the parties are committed to supporting each other in introducing each other’s information to the businesses of the parties. The parties also proactively proposed organized Vietnam-Japan cultural exchange activities, aimed at promoting the culture and tourism of the two cities and promoting the labor exchange of the two parties. Kisarazu City will assist Da Nang City in training Japanese interpreters and the parties will make efforts to organize exchange programs for students and students to enhance mutual understanding.

Da Nang City and Kisarazu City starts to cooperate as well as sign the Memorandum in an extremely favorable time, promising to bring good results in the future. Danang wishes that in the coming time, the two cities’ Governments will cooperate more strongly in exchanges and exchange of experiences on urban management and personnel training.

It is the most favorable time for Japanese investors to invest in Da Nang. The Memorandum is the first step for Japanese investors to research the market and invest in Da Nang in the future through foreign direct investment projects to be carried out in Vietnam.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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Advantages of Registering a Trademark

Trademarks allow you to protect your company’s name, and to specify which types (classes) of goods and services your company’s trademark should be applied to. It’s important to point out that trademarks are intangible assets, and can be bought, sold or licensed.

Trademark in Vietnam 

Other Advantages of Registering a Trademark:

-It grants the right to use the registered trademark symbol: ®;

-It grants the right to file a trademark infringement lawsuit in federal court and to obtain monetary damages;

-It acts as a bar to the registration of another confusingly similar mark;

-Ability to have the customs service block the importation of goods bearing an infringing mark; 

-And, it may serve as the basis for an international trademark application.

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.

Source: Quora

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Da Nang and Austria cooperate to develop tourism and investment

In July 2019, the delegation of Danang city attended the Introduction and Promotion Program in Danang in Vienna, Austria. The delegation of Danang Promotion Agency discussed the development of tourism with Graz city (Austria) of the two cities and investment into Vietnam.

The representative of Vietnam emphasize that Danang is one of the most attractive tourist destinations in Vietnam and invited Austrian travel companies to set up travel programs to bring tourists to Vietnam and promote investment through setting up company in Danang.

During the program, the delegation worked with the City Mayor of Graz city and the representatives of Graz City Council on the promotion of the establishment of local-level cooperation between Danang and Graz. Graz city is the second largest city in Austria with a developed economy based on tourism, education and training pillars, high technology. These are also business lines that Danang City is very interested in.

The representatives of Danang city and representatives of Graz City Council have many programs to attract the tourism of both cities and wish to further develop the relations in many fields, including investment.

In the coming time, the investment cooperation of Austria and Danang city will have positive changes, this will create favorable conditions for Austrian investors to invest in Danang. Investors in the tourism and high-tech sector will be investors have many opportunities to invest in Danang in the future.

Echoing the initiative between Da Nang and Graz, Mr Tuan Nguyen of ANT Lawyers visited Vienna and Graz, Austria during the business trip between Jul 10 to Jul 12, 2019 to meet with long term European law firm partner Mr Markus Leitner of Leitner & Hirth, a law firm in Graz, Austria and together meet and discuss potential business plan with a number of Austrian clients whom are interested in expanding business to Vietnam through different forms i.e. set up company in Vietnam to distribute plug and play hydroelectric power plant or establish factory to produce sustainable non-woven bags for export, or export agricultural machinery from Austria to Vietnam, in particular:

Doro Turbine Gmbh, represented by Stefen Stein, CEO

An award-winning start-up company, based in Graz-Austria, that is developing solutions for the simple utilisation of hydropower with very low heads.  The doro-C Compact comes totally prefabricated in a 20ft standard container, which includes not just the turbine itself, but also the entire automation system as well as the electrical components.  This makes doro-C the first plug & play hydroelectric power plant, especially designed for non-experts, which are simple, reliable & affordable.

Weforyou, represented by Armin Amirpanah, CEO

-International developer, producer and consultant of biopolymers and sustainable packaging solutions with a focus on the needs of retailers and polymer processing markets.

-Produce and provide customized PLA and PLA compounds.  All weforyou’s bioplastics are 100% biodegradable, 100% compostable and 100% non-GMO.

RWA Wien AG, represented by Stefen Mariel,

-A wholesaler of agricultural products and inputs as well as energy, building materials and products for home & garden;

-A wholesaler and retailer of agricultural machinery and spare parts;

-A franchisor for building & garden centres and building materials under the Lagerhaus brand;

-A developer of high quality own brands for the Lagerhaus cooperatives;

-A service provider enabling synergies in the areas of IT, modern business organisation, marketing and legal advice.

ANT Lawyers is a Law firm in Vietnam with international standards, recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the global law firm network coverig more than 150 juridictions. The firm provides a range of legal services as following to multinational and domestic clients.

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