Thứ Tư, 18 tháng 7, 2018

When Shall Patent Right is Generated and Established?

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Invention is one of subject matters of industrial property rights under Vietnam Intellectual Property Law 2005 (Vietnam IP Law), amended in 2009.   Invention means a technical solution in the form of a product or process which is intended to solve a problem by application of natural laws.  


According to Article 6 of Vietnam IP Law, industrial property rights to an invention or patent ownership shall be established on the basis of a decision of the competent State body to grant a protection title in accordance with the registration procedures stipulated in Vietnam IP Law or the recognition of international registration pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

Learn more about our ANT Lawyers Intellectual Property practice, its experience, and team members here. Please contact our Patent attorneys in Vietnam for advice via email ant@antlawyers.vn or call us at +84 912 817 823.
Let ANT Lawyers help your business in Vietnam.





Thứ Hai, 16 tháng 7, 2018

When Shall Copyright is Generated and Established?

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According to Article 1 of Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2009, amending Article 3 of Law on Intellectual Property in 2005 (Vietnam IP Law), subject matters of copyright include literary, artistic and scientific works.


Copyright means rights of organizations and individuals to works they have created or own.
According to Article 6 of Vietnam IP Law, copyright shall arise 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.



ANT Lawyers Sharing on Contract Negotiations at EuroCham

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A business workshop has been scheduled on Jul 18th, 2018 at EuroCham Vietnam on understanding and negotiating commercial contracts by Thomas Giglione, an ADR, mediation and conflict management training expert at ANT Lawyers.




The objective of the training is to help commercial personnel of the organizations to be aware of basis to understand commercial contracts and contractual terms in English, an essential skills in doing international business.
The areas will be discussed include:
·         Basic Contract Negotiation
·         Pre-contractual Documents
·         Basic Commercial Contract and Vocabulary
Many employee of an organizations could speak and write daily English well but technical English required for understanding and negotiating basic commercial contracts could be learned and improved in this kind of training events, for in-house lawyers, legal officers, translators, HR personnel, supervisors, team leaders, company negotiators.
ADR, mediation and conflict management training are part of efforts which ANT Lawyers, a law firm in Vietnam continue to support and promote.








Thứ Năm, 12 tháng 7, 2018

What are Regulations on Collection and Use of Personal Information Under Cyber Information Law?

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According to Article 17, Law on Cyber Information Security 2015, the collection and use of personal information are regulated as following:


1. Organizations and individuals that process personal information shall:

a/ Collect personal information only after obtaining the consent of its owners regarding the scope and purpose of collection and use of such information;

b/ Use the collected personal information for purposes other than the initial one only after obtaining the consent of its owners;

c/ Refrain from providing, sharing or spreading to a third party personal information they have collected, accessed or controlled, unless they obtain the consent of the owners of such personal information or at the request of competent state agencies.

2. State agencies shall secure and store personal information they have collected.

3. Owners of personal information may request personal information-processing organizations and individuals to provide their personal information collected and stored by the latter.
Our cyber security lawyers always follow development of laws in Vietnam to provide the client with update. Please contact ANT Lawyers for service inquiries.






Thứ Tư, 11 tháng 7, 2018

What Are Prohibited Acts Under the Law on Cyber Information Security?

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The Law on Cyber Information Security has been promulgated in 2015.   According to Article 7, Law on Cyber Information Security, prohibited acts are:


-Blocking the transmission of information in cyberspace, or illegally intervening, accessing, harming, deleting, altering, copying or falsifying information in cyberspace.

-Illegally affecting or obstructing the normal operation of information systems or the users’ accessibility to information systems.

-Illegally attacking, or nullifying cyberinformation security protection measures of, information systems; attacking, seizing the right to control, or sabotaging, information systems.

-Spreading spams or malware or establishing fake and deceitful information systems.

-Illegally collecting, utilizing, spreading or trading in personal information of others; abusing weaknesses of information systems to collect or exploit personal information.

-Hacking cryptographic secrets and lawfully enciphered information of agencies, organizations or individuals; disclosing information on civil cryptographic products or information on clients that lawfully use civil cryptographic products; using or trading in civil cryptographic products of unclear origin.

Our cyber lawyers always follow development of laws in Vietnam to provide the client with update.  Please contact ANT Lawyers for service inquiries.




Thứ Ba, 10 tháng 7, 2018

What is Venue for Dispute Settlement by Arbitration in Vietnam?

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According to Article 11 of Vietnam Law on Commercial Arbitration, the venue for dispute settlement byarbitration in Vietnam is as agreed by parties or decided by arbitration council.  In particular:



The parties may reach agreement on venues for dispute settlement. If no agreement is made, the arbitration council shall decide on such venue. A venue for dispute settlement may be within or outside the Vietnamese territory.

Unless otherwise agreed by the parties, the arbitration council may hold a meeting at a venue regarded as appropriate for its members to exchange opinions, for taking witnesses’ statements, consulting experts or for assessing goods, assets or other documents.






Thứ Hai, 9 tháng 7, 2018

What are Languages in Arbitration Proceedings in Vietnam?

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According to Article 10 of Vietnam Law on Commercial Arbitration, language used in arbitration proceedings resolving dispute is Vietnamese if both parties are Vietnamese or foreign language as agreed by parties if one of the parties is foreign owned enterprise.  In particular:


For disputes involving no foreign element, the language to be used in arbitral proceedings is Vietnamese, except disputes to which at least one party is a foreign-invested enterprise. When a disputing party cannot use Vietnamese, it may use an interpreter.
For disputes involving foreign elements or disputes to which at least one party is a foreign-invested enterprise, the parties shall reach agreement on the language to be used in arbitral proceedings. If they have no such agreement, the arbitration council shall decide on the language to be used in arbitral proceedings.