Thứ Sáu, 19 tháng 1, 2018

How do I protect intellectual property for my software?

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How do I protect intellectual property for my software?
To protect yourself you can apply for a software patent, but it’s an expensive, time-consuming process with no guarantee. The alternative is to find a work around, you could consider the following steps:

1. Keep It Close
Be very careful about any outsourcing partner you work with, either domestically or overseas. Make sure they have adequate security in place to protect your IP when they work on it. As well, be careful how your IP is accessed by remote teams.

2. Cover Your Legal Bases And Encrypt Your IP
When you work with a developer (local or overseas) you should make sure you have strong legal agreements in place that are enforceable in the developer’s local court system as well. You should also employ strong encryption internally for sensitive IP, and make sure y okour partners employ the proper levels of encryption. It seems like a lot of overhead, but it is far cheaper than dealing with a breach of trust later.

3. Document Everything
Beside as patent, keeping a running log or journal of what has been done and when can help you defend your property if it is stolen. This journal should start with the inception of the idea, include every meeting you have, who was invited, and who attended. Using a product with a reliable date and time stamp and having a paper copy of the important moments helps prove ownership of your idea.

4. Talk To An Expert
There are numerous ways to protect your IP, such as patents, trademarks, design rights and trade secrets. It’s about accepting that you need expert guidance early and preparation. What do you need to protect and how? Where, when and what is the timeline for applying in different regions? What do you need to budget for? Talk to the experts so you can understand, prepare and budget.

5. Idea Plus Execution Plus Cash Equals Success
Great ideas are a dime a dozen – at least 10 people are working on your great idea right now! The winner will execute well, getting the idea to market fast along with the operating model needed to provide great customer service. And if you’ve ever tried to start a business, you know your time frame to profit is 3x your original plan. Cash is your life blood extending your timeline to success.

6. Offer The Best Experience In Order To Protect And Profit From Your IP
Besides applying for a patent, I am not sure there is any other good option. Reverse engineering is becoming commonplace, trade secrets are becoming more difficult to protect, and patent trolls are appearing everywhere. I think offering the best experience to your user with your technology is — or should be — the only way to properly profit from it.

7. Move Fast
Depending on your idea, IP protection might be a necessary evil. Necessary because it can provide some protection from others attempting to copy you. At the same time, IP tends to be limited in its application (protects your idea but not variants) and can be expensive to defend. Instead, I always advise that IP is less important than speed to commercialization. Move faster than the competition.

8. Be Fast And Agile
Organize your technology department to be flexible and agile — staying fast and creative will keep you innovating ahead of larger, slower competitors.

9. Use Good Security Measures
At a minimum, all source code should be clearly labeled with a confidentiality notice, warning that unauthorized use or reproduction is prohibited and should be kept on secure systems within your facility. Only allow authorized personnel to access it. When software is deployed into the field, consider using third-party digital encryption solutions to wrap your software in a security envelope.

For further details, you should visit ANTLawyers – IP Services in Vietnam - Smart Platform for Legal, Accounting & Compliance services.

Thứ Hai, 15 tháng 1, 2018

Which firm is better and cheaper for trademark registration?

BY Unknown IN , , , , No comments

The problem that many people face at the very start is that researching existing trademarks is not only an incredibly tedious process, but it’s also easy to make a simple oversight that could lead to inability to complete the trademark. In the end, you can waste a considerable amount of time and money.

If you are searching for a reputable attorney, then I assume that you recognize the challenges.
A lawyer can help simply the process by:
-Completing thorough research
-Meeting strict deadlines within the process
-Counseling you about ways to use the trademark

ANTLawyers has access to several trademark attorneys that are incredibly skilled, but also much more affordable than traditional law firm prices. Our business is dedicated to transforming how people obtain legal services. We utilize technology as a platform for communication and easy access. Because our attorneys work for themselves, their rates are incredibly affordable and they offer flexible payment solutions. Let’s get in touch and talk about your options.

Thứ Sáu, 12 tháng 1, 2018

Can an inventor and a company share patent rights?

BY Unknown IN , , , , No comments

Patent rights can certainly be shared between a company and an inventor. In fact, patent rights can be shared by any combination of people and/or entities you can imagine. I’ve attempted to answer.

Who initially owns patent rights?

Under United States patent law, the inventor (or inventors) of a patent own the patent rights unless and until they assign the patent to another person or entity. This means that in the absence of a transfer of rights, the inventor/inventors are the sole owner of the patent rights.

How are patent rights transferred?

Patent rights can only be transferred through a written document. In other words, an oral agreement will not transfer any rights. This requirement means that it is critical to create written agreements for all transfers of patent rights.

How can an inventor transfer some rights to a company?
A patent owner (including an inventor) can transfer some or all of the rights that come with a patent. A patent creates a number of rights, and you can transfer some or all of them via a license or assignment of rights. You also can create a contract that is separate from a patent transfer that entitles someone else to a portion of any revenue created through an invention.

Are there risks of joint ownership?

One issue to consider is that having multiple owners of a patent creates a number of potential risks. One of the rights that comes with a patent is the right to prevent other people from making, using, selling, offering to sell, or import the invention. If a patent is owned by multiple parties, ANY of the owners can provide a license to a third party that provides this right. In other words, a single owner could grant rights to a third party to make, use, sell, offer to sell, or import the invention.

Before you decide how patent rights will be owned and before agreeing to any transfers, you should consult with an intellectual property lawyer who can help you create an overall intellectual property plan. If you’re interested in learning how to create an intellectual property plan, you can contact our IP lawyers in Vietnam for advice via email or call our office at (+84) 24 32 23 27 71

Source: Quora

Thứ Năm, 20 tháng 7, 2017

Copyright and related Right

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Copyright/ related Rights Registration
Copyright is stipulated in particularly in Civil CodeLaw on Intellectual Property 2005, amended and supplemented in 2009 and  Decree No. 100/2006/ND-CP: Detailing And Guiding The Implementation Of A Number Of Articles Of The Civil Code And The Intellectual Property Law Regarding The Copyright And Related Rights

Copyright means rights of an organization or individual to works which such organization or individual created or owns. Copyright shall arise automatically at the moment a work is created and fixed in a certain material form; irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered
As stipulations of Law on Intellectual Property in 2005, amended and supplemented in 2009, Copyright in works shall comprise moral rights and economic rights. Moral rights (except publication rights) shall be protected all whole life of authors and from 50 to 75 years since the author or the final co-author dies.
Copyright-related rightsor related rights means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals. The rights of performers shall be protected for fifty (50) years, which starts from the year following the year in which the performance is turn into a fixed form. The rights of producers of audio and video recordings shall be protected for fifty (50) years which starts from the year following the year of publication, or fifty (50) years which starts from the year following the year in which any unpublished audio and video recording is turned into a fixed form. The rights of broadcasting organizations shall be protected for fifty (50) years which starts from the year following the year in which a broadcast is made.
Like the Trademark registration, Copyright registration shall be the important legal bases to resist actions of appropriating copyright, impersonating authors, counterfeiting, infringing on copyright which lead to damage on reputation of authors.
ANT Lawyers supplies service on copyright/ related right consultant as follows:
·         Advise in grounds for the generation and establishment of Copyrights; basic limitation of Copyrights/ related rights;
·         Consult and implement procedures relating to copyright/ related rights registration;
·         Consult, represent Clients negotiating  and drafting using agreement, assignment agreement and other contracts relating to  copyright/ related rights registration;
·         Complaint decision relating to issuing copyright/ related rights certificate;
·         Consult, collaborate with competent authorities in solving copyright/ related rights infringement.

Thứ Ba, 18 tháng 7, 2017

Why Client Should Retain Real Estate Lawyers in Vietnam?

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Benefits of retaining a Real Estate Lawyer 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.

Thứ Sáu, 14 tháng 7, 2017

Industrial Design Registration in Vietnam

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How to Register Industrial Design in Vietnam?
Industrial design is the appearance of the product which is expressed through shapes, lines, colors or combinations of these factors.
A product as being commercially marketed will have a certain style with a combination of certain shapes, lines, colors, etc which is the design of the product. When a new design to be launched, if it attracts customers, there is a big chance there will be fake or imitated products. Therefore, before a new design is launched, business owners need to conduct registration procedures for protection of industrial designs. That is the action for the protection of its product design and the prestige of the enterprise in the market.  This protection will prevent the infringement of the design, therefore the registration of industrial design protection is essential.
ANT Lawyers IP services in the field of industrial design registration advice covers:
• Look-up, assess and consult possibilities to register industrial design in Vietnam and abroad;
• Represent clients in applying for certificates of industrial design, record modification, extend degree of industrial protection in Vietnam and abroad;
• Evaluate the effectiveness of the certificate of industrial design registration and the possibility of industrial design rights violation;
• Implement of the protected industrial design rights: investigate, monitor, negotiate, seek arbitration or initiate a lawsuit or request other competent agencies for handling of infringement in Vietnam and abroad;
• Negotiate, draft, evaluate and register the of changing industrial design ownership in Vietnam and abroad;
• Advise on building strategies, brand development; For advice and specific details in each case, please contact us directly for advice.
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 or call our office at (+84) 24 32 23 27 71

Thứ Ba, 11 tháng 7, 2017

International Trademark Registration Under Madrid Protocol/ Agreement

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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.