What Attention for Filing PCT Patent Application in Vietnam in 2023?

 What Attention for Filing PCT Patent Application in Vietnam in 2023?

There are individuals and companies that believe that by filing a trademark, patent or industrial design application in the host country, they will automatically receive worldwide protection. However, in fact, intellectual property rights are territorial related and Intellectual Property (IP) government offices only grant protection titles according to the laws of the relevant countries (or region). Therefore, the Patent Cooperation Treaty (PCT) was born and signed by the member countries on June 19, 1970 in Washington, the PCT entered into force on June 1, 1978. Vietnam joined the PCT on March 10, 1993.

File PCT Patent Application in Vietnam

According to the definition of Vietnam law, an invention is a technical solution in the form of a product or process that aims to solve a defined problem by applying natural laws. In order to be able to obtain patent protection in different countries, an applicant can apply for protection through the PCT, either directly or within 12 months from the date of filing the first patent application filed in a country party to the Paris Convention, designating all countries wishing to register on the same application form, in the same language, and pay a fee.

The applicant needs to prepare a set of application including the following documents:

-02 Patent registration declarations according to Form 01-SC, specified in Appendix A of Circular 16/2016/TT-BKHCN.

-01 Vietnamese translation of the description and summary in the international application (published copy or original submitted, if the application has not been published, and the revised version and explanation of the amendment, if the international application is amended under Article 19 and/or Article 34.2(b) of the Treaty).

-01 Vietnamese translation of the appendices to the international preliminary assessment report (when substantive examination is requested).

-01 original copy of payment receipt (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property).

-01 Power of Attorney (in case the application is submitted through a representative).

After fully preparing the application, the applicant submits the application at the National Office of Intellectual Property under the Ministry of Science and Technology.

The time limit for formal examination is 1 month from the date of application submission. Applications will be published in the 19th month from the priority date or the filing date, if the application does not have a priority date, or within 2 months from the date of acceptance of the valid application, whichever is later. The time limit for substantive examination is not more than 18 months from the date of application publication if the request for substantive examination is filed before the date of application publication or from the date of receipt of the request for substantive examination if such request is filed after date of publication of application.

One of the important steps in filing PCT patent application in Vietnam is to make sure the translation into Vietnamese language match up with the original language. Patent attorneys at ANT Lawyers – a law firm in Vietnam will assist along the process including the translation of the patent and work with the national office of intellectual property in Vietnam to follow the instructions to complete the registration process in Vietnam.

Source ANT Lawyers: https://antlawyers.vn/library/what-attention-for-filing-pct-patent-application-in-vietnam.html

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What Are the Procedures of filing PCT Patent Application in Vietnam?

 The Patent Cooperation Treaty (Patent Cooperation Treaty) abbreviated as PCT was signed on June 19, 1970 in Washington. The PCT came into effect on June 1, 1978, and Vietnam joined the PCT on October 3, 1993. PCT allows an invention to be protected in multiple countries simultaneously by making a single international patent application instead of making multiple patent applications in many separate countries or regions. Intellectual Property lawyers in Vietnam could help client understand the procedures of filing PCT patent application in Vietnam and its advantages.

What Are the Procedures of filing PCT Patent Application in Vietnam?

Similar to the provisions of Vietnam Law on Intellectual Property rights, in order to be granted an invention protection title under the PCT, a registered invention must meet the following requirements: novelty, qualified innovative and capable of industrial application.

A dossier for patent registration under PCT of Vietnamese origin includes the following documents:

-The PCT application of Vietnamese origin to be made in English (03 copies);

-Description (02 copies, including drawings, if any);

-Claims for protection (02 copies);

-A copy of the payment receipt (in case of payment of fees and charges via postal service or directly into the account of the National Office of Intellectual Property);

-Relevant documents (if any).

Patent registration dossiers can be submitted in person or by post to the National Office of Intellectual Property in Hanoi or to two representative offices of the Department in Ho Chi Minh City and Da Nang. After receiving the application, the applicant can conduct an international patent search at the competent search offices (national or regional patent office that meets the requirements set forth by the PCT and designated by the PCT General Assembly). PCT applications originating from Vietnam will be published in the PCT Gazette and subject to international preliminary examination. The appraisal department will prepare a preliminary appraisal report and send it to the International Bureau. At the national stage, the international application is examined for form and substantive according to the procedures prescribed for ordinary patent applications in the host country.

An important advantage of the PCT system is the provision of an additional minimum of 18 months from the expiration of the 12-month priority period, during which time the applicant can evaluate the possibility of commercializing product in different countries and decide which country to register the patent in. By filing an international application, the payment of national application fees and translation costs associated with national applications can be delayed.

ANT Lawyers – IP services in Vietnam will always follow up with authorities for legal update on matters relevant to IP law to update clients on regular basis.

Source ANT Lawyers: https://antlawyers.vn/library/what-are-the-procedures-of-filing-pct-patent-application-in-vietnam.html

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How Licensing of Trademark in Vietnam Works?

 Licensing of industrial property subject in general or of trademark in specific is regulated in Intellectual Property law. Accordingly, in trademark licensing, the owner (licensor) grants permission to another (licensee) to use that trademark on mutually agreed terms and conditions. The must be established in written form to avoid dispute in trademark licensing in Vietnam.

Trademark licensing in Vietnam

Accordingly, licensing of trademark includes the following types: exclusive contract, non-exclusive contract; sub-license contract.

Firstly, exclusive contract means a contract under which, within the licensing scope and term, the licensee shall have the exclusive right to use the licensed trademark while the licensor may neither enter into any trademark license contract with any third party nor, without permission from the licensee, use such trademark.

Secondly, non-exclusive contract means a contract under which, within the licensing scope and term, the licensor shall still have the right to use the trademark and to enter into a non-exclusive trademark license contract with others.

Thirdly, trademark sub-license contract means a contract under which the licensor is a licensee of the right to use such trademark pursuant to another contract.

In any type of the contracts, it is required to have the following contents: full names and addresses of the licensor and of the licensee; grounds for licensing; contract type; licensing scope including limitations on use right and territorial limitations; contract term; licensing price; rights and obligations of the licensor and of the licensee.

Besides the above contents, the parties also need to take note on the validity of this contract. Different from assignment contract of trademark when it is required to register at National office of Intellectual Property of Vietnam to take effect, the licensing contract of trademark does not required this kind of registration for taking effect. Licensing contract shall automatically be terminated upon the termination of the licensor’s trademark right.

If Client needs any more information or request for legal advice regarding licensing of trademark or dispute in trademark licensing contract, our Trademark attorneys in Vietnam at ANT Lawyers will be of help.

ANT Lawyers – Law firm in Vietnam will always follow up with authorities for legal update on matters relevant to trademarks to update clients on regular basis.

Source ANTLawyers: https://antlawyers.vn/library/how-licensing-of-trademark-works.html

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How to Protect Copyright in Vietnam?

 How to Protect Copyright in Vietnam?

Copyright refers to an individual or organization's rights to a work that they created or own, as defined by Vietnam's Intellectual Property Law. Additionally, works of literature, art, and science shall constitute the subject matter of copyright; Performances, audio and visual fixation, broadcasts, and satellite signals carrying coded programs are all eligible subjects for copyright-related rights.

However, if there is no prior prepared evidence, it is difficult to demonstrate the owner's copyright. In the event of a dispute or violation, the most crucial piece of evidence is a copyright registration. When the owner can demonstrate that the Work is covered by copyright law, the registration of the copyright will prevent infringement.

ANT Lawyers – A registering copyright services in Vietnam would like to assist you in registering and safeguarding your copyright and related rights in Vietnam in the following ways with their highly skilled staff and extensive knowledge of the intellectual property landscape in Vietnam:

Our services in copyright registration

-Provision of professional opinions and advice in relation to registration of copyright and related copyright;

-Advising, preparation, drafting, filing and prosecution of registration of copyright and related copyright;

-Provision of professional opinions and advice in relation to license and assignment of copyright and related copyright;

-Appeal and cancellation;

-Proceedings before the judicial authorities.

How to register a copyright or related rights in Vietnam?

Condition of copyright registration

If a work meets the following requirements, its owner's copyright will be registered:

-The ideas of the Work shall be presented particularly in a visible material

-The Work shall be original (Be made directly by the author without copying from any other works or people).

Required information and document

-Original Power of Attorney (POA) from the Applicant;

-Information of the author such as: Full name, Identify Card Number, Current address, permanent address; …

-Information of the Works such as: Name, the date of publication (if any), the place of Publication (if any); …

–Business registration certificate or establishment certificate (if applicant is association or organization);

-Written promise of being ownership of the work of the applicant;

-Some other specialized document with each specified aspect.

Note: The POA must be signed by the applicant or a duly authorized representative on behalf of the Applicant and no further notarization or legalization is required.

 Duration of copyright protection

-The following rights are protected forever:

-Right to give titles to their works.

-Right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

-Right to protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author.

The following rights are protected within the stipulated duration in law

-Right to make derivative works;

-Right to display their works to the public;

-Right to reproduce their works;

-Right to distribute or import the original or copies of their works;

-Right to communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

-Right to lease the original or copies of cinematographic works and computer programs;

-Right to reproduce their works.

The duration of each type of work protected by the aforementioned rights will vary. The term of protection for cinematographic, photographic, stage, applied, and anonymous works, in particular, shall be fifty (50) years from the date of first publication. Other works are protected throughout the author's lifetime and for fifty (50) years after their death.

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