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 Năm, 25 tháng 5, 2017

Nokia sues Apple for patent infringement

Apple was using Nokia's technology in its products without paying for it. 
Nokia announced Wednesday it is suing Apple in German and U.S. courts for patent infringement, claiming the U.S. tech giant was using Nokia technology in "many" products without paying for it.
Finnish Nokia, once the world's top mobile phone maker, said the two companies had signed a licensing agreement in 2011, and since then "Apple has declined subsequent offers made by Nokia to license other of its patented inventions which are used by many of Apple's products."
"After several years of negotiations trying to reach agreement to cover Apple's use of these patents, we are now taking action to defend our rights," Ilkka Rahnasto, head of Nokia's patent business, said in a statement.
The complaints, filed in three German cities and a district court in Texas, concern 32 patents for innovations related to displays, user interface, software, antennae, chipsets and video coding. Nokia said it was preparing further legal action elsewhere.
Nokia was the world's leading mobile phone maker from 1998 until 2011 when it bet on Microsoft's Windows mobile platform, which proved to be a flop. Analysts say the company failed to grasp the growing importance of smartphone apps compared to hardware.
It sold its unprofitable handset unit in 2014 for some $7.2 billion to Microsoft, which dropped the Nokia name from its Lumia smartphone handsets.
Meanwhile Nokia has concentrated on developing its mobile network equipment business by acquiring its French-American rival Alcatel-Lucent.
Including its 2013 full acquisition of joint venture Nokia Siemens Networks, Nokia said the three companies united represent more than 115 billion euros of R&D investment, with a massive portfolio of tens of thousands of patents.
The 2011 licensing deal followed years of clashes with Apple, which has also sparred with main rival Samsung over patent claims.
At the time, Apple cut the deal to settle 46 separate complaints Nokia had lodged against it for violation of intellectual property.
Source: E.vnexpress.net 2016



Thứ Tư, 24 tháng 5, 2017

Nokia, Apple bury hatchet in patent dispute

It's an upgrade in the relationship between two companies.
Nokia and Apple said Tuesday they were burying the hatchet in a bitter patent dispute with a cooperation agreement and an undisclosed cash payment by the U.S. tech giant to the Finnish group.

By settling their ongoing intellectual propertydispute, the two companies would "move the relationship... from being adversaries in court to business partners," Nokia's chief legal officer Maria Varsellona said.

Following years of clashes, Nokia and Apple originally signed a licensing agreement in 2011.
But last December, the Finnish group, once the world's top mobile phone maker, complained that Apple was using Nokia technology in many products without paying for it. And it filed lawsuits in Germany and in the United States.
Concretely, the dispute concerned 32 patents for innovations related to displays, user interface, software, antennae, chipsets and video coding.

The deal reached on Tuesday would put the two companies' relationship back on an even keel, with Nokia providing "certain network infrastructure products and services to Apple," the statement said.
Apple would "resume carrying Nokia digital health products (formerly under the Withings brand) in Apple retail and online stores, and Apple and Nokia are exploring future collaboration in digital health initiatives," it continued.
"Regular summits between top Nokia and Apple executives will ensure that the relationship works effectively and to the benefit of both parties and their customers."

Apple's chief operating officer Jeff Williams said the U.S. giant was "pleased with this resolution of our dispute and we look forward to expanding our business relationship with Nokia."
The two sides did not disclose the financial details of the deal.

But Nokia would receive "additional revenues during the term of the agreement," the Finnish group said.
The up-front cash payment would allow Nokia to "provide a comprehensive update of its capital structure optimisation programme," a restructuring plan launched in late 2015, which may now be lighter thanks to the payment by Apple.

Nokia's shares were showing a gain of more than seven percent stake on the Helsinki Stock Exchange at around 10:00 GMT, while the overall market was up by just 0.8 percent.

Source: e.vnexpress.net


Thứ Ba, 23 tháng 5, 2017

Time Limit of Trademark Protection Extension

Procedure of extending mark certificate in Vietnam
As regulation of law on intellectual property, the mark, trademark or service mark, is one of protected subjects of industrial property right. However, to be protected by law, the owner of mark shall apply protection registration dossier to competent authority prior. When the owner registers and is granted a certificate of registered mark, the owner shall have the exclusive right to label the product, service or both, right to allow others to use the mark throughout mark license contracts, right to assign the mark ownership and right to prevent breaching action from any third party.

However, a certificate of registered mark shall be valid from the grant date until the end of ten (10) years after the filing date. When the validity terminates, in order to continue being the owner of mark, the owner of Certificate shall implement the procedure of extending the protection validity of the certificate. It is important that the owner has to be aware of the time to apply dossier for a certificate extension in accordance with the law.

As regulation of law, time limit of extending mark certificate is prior or after six (06) months from the expiration date of mark certificate. If the extension is applied prior 06 months since the expiration date, the owner shall pay extension fee. If the extension is applied after 06 months since the expiration date, the owner shall pay extension fee and fine for late payment as month.
Procedure of extending mark certificate:
·         Application form (as template);
·         Original Mark Certificate (if any);
·         Power of Attorney (POA);
·         Payment voucher.
With highly professional staff and great experience in IP aspect in Vietnam, ANT Lawyers would like to support you in extending your trademark or service mark or both in Vietnam.
Source: ANTLawyers.vn


Thứ Hai, 22 tháng 5, 2017

The Benefit from Protecting Invention Patent

How to Register invention in Vietnam?
Invention protection shall bring advantages for the owner of invention including the usage and application within the duration of 20 years. As Law on intellectual property of Vietnam, an invention patent shall be valid from the grant date until the end of twenty (20) years after the filing date.

Besides, Invention patent can bring its owner the followings:
The steady position on the market: with the invention patent, the owner of the invention shall have rights to prevent others from using their invention with commercial purpose. This will reduce the competitive capacity of competitors and bring preferred position for the owner.
Right to sell and license the invention: in case owners of inventions cannot use their invention by themself, they can sell or license the use of their inventions to other people or companies. They can license only the right of use and sell all of their inventions. This does not only bring them a lot benefits but also avoid risks because of the competition on the market.
When your inventions have been commercialized and got the significant position on the market, other companies or people might tend to copy and use your invention illegally or sell other products which are similar to yours. If your inventions were not properly registered at competent authority, the competitors and violators can use your inventions without breaching of law.
Therefore, it is essential to register a new invention to protect the owner’s rights to avoid unfair competition on the market.

Source: ANTLawyers.vn

Thứ Năm, 18 tháng 5, 2017

Transfer of Investment Projects in Vietnam

What steps to be taken to transfer an Investment Project in Vietnam?
Under the current Law on Investment, investors are entitled to transfer part or all of the project to another investor when satisfied the specific conditions and conducting to procedure of project adjustment under the regulation of law.

The conditions of project transfer
·         The project is not terminated in the cases as prescribed in Clause 1 Article 48 of Law on investment;
·         Investment conditions applied to foreign investors are satisfied in case the foreign investor receives a project of investment in conditional business lines;
·         Regulations of law on law, real estate trading is complied with if the project transfer is associated with transfer of land;
·         Conditions in the Certificate of investment registration or relevant regulations of law are complied with.

Preparation of dossier
·         A written request for permission for project adjustments;
·         A report on the project’s progress up to the time of transfer;
·         The project transfer contractor an other document with equivalent legal value;
·         Copies of the ID card or passport (if the investor is an individual) or Certificate of Enterprise Registration or another document with equivalent legal value (if the investor is an organization);
·         Copies of the Investment Registration Certificateor decision on investment guidelines (if any);
·         Copies of the BCC contract (for BCC projects);
·         Copies of one of the following documents of the transferee: financial statements of the last 02 years; commitment to provide financial support by the parent company, commitment to provide financial support by a financial institution, the guarantee of transferee’s financial capacity, documents describing the transferee’s financial capacity;

Order and procedure
·         Investors submit the dossier at Department of Planning and Investment (or Management of Economic Zone or High-tech Zone);
·         Within a period of 10 working days from the date of receipt the complete and valid dossier for an investment project operating under an investment license and not subject to decision of investment policy (or 28 working days from the date of receipt the complete and valid dossier for an investment project which is subject to investment decision of the provincial People’s Committee; 47 working days from the date of receipt the complete and valid dossier for the investment project subject to the decision of the Prime Minister), the competent authorities consider and decide to adjust the investment registration certificate to the investor transferring the project.

Before transferring an investment project, investors need to evaluate the legal situation, apart from the financial, personnel, and other key issues of the project, which are subject of the transfer. Therefore, to ensure effective transfer, investors often engage law firms with highly qualified lawyers in Vietnam to conduct M&A legal due diligence related to the legal documentation of the owner, capital contribution of the shareholder or member, tangible assets (land use rights, plant and machinery, equipment, etc.) and invisible assets (including industrial property rights), licenses, contracts or transactions of great value, taxes and other legal risks such as litigation or disputes which could significantly impact the project..

The transfer of an investment project is an administrative procedure with a state agencies that is only smooth when the parties reached agreements. In fact, the transfer of the investment project’s timeline depends on the appraisal and evaluation process of the parties involved in the project.

Source: ANTLawyers.vn 



Thứ Ba, 16 tháng 5, 2017

How to Terminate Representative Office in Vietnam?

Termination of operation of representative offices of foreign trader in Vietnam
Foreign Traders wishing to terminate the operation of representative office in Vietnam need to complete the procedure at Tax authorities, the Provincial Department of Industry and Trade and the procedure to return the seal at the police.
Pursuant to the provisions of the Vietnam laws, the termination of operation of representative offices of foreign traders in Vietnam at the Provincial Department of Industry and Trade shall be conducted as follows:
Preparation of dossiers for termination of operation of representative offices includes:
  • Notice of termination of operation of the representative office, made according to the form set by the Ministry of Industry and Trade, signed by the competent representative of the foreign trader.
  • List of creditors and unpaid debts, including tax debts and social insurance premiums;
  • List of employees and their respective current interests;
  • Original License for establishment of representative office.
  • Documents evidencing that the representative office has fulfilled all tax and financial obligations to the State of Vietnam
The order and procedures for termination of operation of representative offices at competent agencies shall be as follows:
  • The foreign trader submits a dossier for termination of operation of the representative office directly or via post or online (if applicable) to the Provincial Department of Industry and Trade (or the Management Board of Industrial parks, export processing zones, economic zones and hi-tech parks) where the representative office is licensed.
  • Within three working days from the date of receipt of the file, the competent authority shall examine and request the supplement if the dossier is incomplete and invalid. Requests for supplementary records are made at most once during the process of processing applications;
  • Within a time-limit of five (05) working days from the date of receipt of a complete and valid file, the competent authority shall be responsible to publish on its website the termination of operation of the representative office.
  • Foreign traders shall publicly post up the termination of their operation at the representative office.
Foreign traders whose representative offices have terminated of operation shall be responsible for performing contracts, paying debts, including tax debts and settling lawful interests for laborers who have worked at the representative office in accordance with the laws.
Source: ANTLawyers




Thứ Hai, 15 tháng 5, 2017

Granting Investment Registration Certificate in Vietnam

How to obtain an Investment Registration Certificate in Vietnam?
As Vietnam integrates further into the global supply chain, foreigners are more and more encouraged to invest in Vietnam in many areas for pursuing profit.  The foreign direct investment of the foreigners is required to be registered at Vietnam state authority to protect the rights of the investor.

According to the Law on Investment 2014, investment projects of foreign investors; projects of setting up a economic organization in which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners in a partnership; projects of BCC contract between domestic investors and foreign investors or between domestic investors and economic organization which foreign investors holding 51% of charter capital or more or the majority of the general partners are foreigners shall need to conduct the procedure of applying investment registration certificate as regulations of law.
Preparation of dossier
·         A written request for permission for execution of the investment project;
·         A copy of the ID card or passport (if the investor is an individual); a copy of the Certificate of establishment or an equivalent paper that certifies the legal status of the investor (if the investor is an organization).
·         An investment proposal that specifies: investor(s) in the project, investment objectives, investment scale, investment capital, method of capital rising, location and duration of investment, labor demand, requests for investment incentives, assessment of socio-economic effects of the project;
·         Copies of any of the following documents: financial statements of the last two years of the investor; commitment of the parent company to provide financial support; commitment of a financial institutions to provide financial support; guarantee for investor’s financial capacity; description of investor’s financial capacity;
·         Demand for land use; if the project does not use land allocated, leased out by the State, or is not permitted by the State to change land purposes, then a copy of the lease agreement or other documents certifying that the investor has the right to use the premises to execute the project shall be submitted;
·         Explanation for application of technologies to the project which specifies: names of technologies, origins, technology process diagram, primary specifications, conditions of machinery, equipment and primary technological line;
·         The business cooperation contract (BCC) (if the project is executed under a BCC).
Order and Procedure
·         Investors submit the dossier at Department of Planning and Investment (or management of economic zones, high-tech zones);
·         Within 15 working days from the date of receipt of a complete and valid dossier, the competent authority shall grant the investment registration certificate for investors.
In practice, the time duration would be lengthened due to the time for preparation of documents from investor, getting them notarized, legalized and authenticated before being accepted in Vietnam. The documents in foreign languages shall need to be translated into Vietnamese.  The actual time for processing paper at the State authority would also last longer in practice when the State authority evaluate the project plan of the investor to ensure that its investment purpose is achievable economically and in accordance to the regulations of Vietnam.  It is advised that the client engage professional law firm in Vietnam to assist with advisory and investment registration process.