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, 18 tháng 1, 2018

How do I protect intellectual property for my software?

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?

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 Năm, 11 tháng 1, 2018

Can an inventor and a company share patent rights?

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 Ba, 9 tháng 1, 2018

I have an idea that has to do with “social networking”. Do I patent or copyright it?

“What’s the deal with copyrights?” and “What’s the deal with patents?”

Copyrights protect works of authorship, but not abstract ideas. A work of authorship is something specific… it’s words on a page (including lines of code on a hard drive), it’s paint on a canvas (or colored pixels on a screen), it’s musical notes on an iPod.

The Harry Potter books begin with these lines:
“Mr. and Mrs. Dursley, of number four, Privet Drive, were proud to say that they were perfectly normal, thank you very much. They were the last people you'd expect to be involved in anything strange or mysterious, because they just didn't hold with such nonsense.”

Those lines are protected by copyright. But does JK Rowling own the idea of a story involving three kids who get into mischief and adventure at a magical school? No. That’s too much of an abstraction of her work. That’s the idea of her work, but not the expression. Copyrights cover only the expression, not the idea.

So let’s say your social networking idea involves making a separate social network for left-handed bowling historians. You can probably protect your logo with copyrights. You can probably protect some visual aspects of the web page layout. But you can’t protect the mere idea of a social network for left-handed bowling historians with copyrights.

What’s the deal with patents?

Patents cover functional inventions. New molecules for treating illness, new car components for faster or more efficient engines, new chips for better electronics, that kind of thing. Computer software does sometimes count. But once again, patents don’t cover abstract ideas, only applications of ideas.

It’s a little tricky, because the line between “abstract idea” and “application” is very blurry. I mean, even to the point where professional patent attorneys don’t always agree where the line is.

Without knowing more, it’s tough to tell if a “social networking idea” is abstract or concrete. (To be sure, I’m not asking to know more. Don’t tell me, it's your confidential information right now.) That’s the first hurdle.

The second hurdle is that your idea has to be new and non-obvious in order to be patented. My left-handed bowling historian thing is probably new, but probably not non-obvious from the perspective of the patent office. There are no technical challenges that one has to solve to make a social network for left-handed bowling historians, so that social network would probably be considered an obvious variation of existing social networks.

But let’s say you come up with some kind of really cool screening method. Let’s say you figure out — remarkably — a way to tell if someone is a left-handed bowling historian simply by scanning their retina. That would be amazing, and super-patentable. You could use that technology to limit access to your otherwise-unpatentable social network.

Now the bad news: let’s say your idea is patentable. How do you get a patent? Well, it costs money. The typical “retail” price of a patent application is about $10K to get it filed. Most of that is taken up by an attorney or patent agent who drafts your patent application. You can draft the patent application yourself, but it’s… hard.

Then let’s say you get a patent. That doesn’t mean competitors will respect it. You have to be ready to detect infringers and enforce your patent against them. This also costs money.

Big business is… tough.

Thứ Năm, 4 tháng 1, 2018

How can I do a reaction video without getting a copyright strike?

How can I do a reaction video without getting a copyright strike? Why do some people skip and cut the video while others don’t?
Your first problem is that the way most reaction videos are made, they are absolutely an illegal copyrightinfringement.

This whole things about skipping and cutting is an attempt to avoid being detected by YouTube’s upload scanner, Content ID. You are asking us how to circumvent detection, not how to do this legally.

Because legal use will probably still be flagged by Content ID, and then you have to appeal your copyright strike based on a Fair Use argument. But that argument might fail, since there is no legal requirement that YouTube display your content, even if it does qualify as fair use. After all, perfectly legal porn is banned on their website, as is some other content.

Fair use is only intended for reviews, criticism, parody (and other uses that aren’t applicable here: academic use, news reporting, etc.) Most “reaction videos” could possibly be reviews, but the people reacting aren’t actually reviewing, they are just reacting. Not the same thing.

Thứ Hai, 1 tháng 1, 2018

Can I file a patent for a software that includes functionality from existing patents?

Yes. The fact that someone has patented a concept that you are building upon does not stop you from getting a patent on an improvement on that concept. that is kind of the point of the patent system encourage people to disclose their invention (in exchange for possible patentprotection), so that others will improve in the inventions that were disclosed.

However, having a patent on an improvement on someone else’s invention does not protect you from infringing on their patent. It may be that to use the invention of your patent, the user needs a licence from both you and the holder of the patent that you improved upon. Even though you may be able to get a patent on your invention, you would need to compare the claims of the patent that you are building upon to see if your invention is covered by the claims of that patent to determine if your invention infringes that patent. If you are not using at least one element that that patent’s claims require, it may be that your invention does not infringe that earlier patent, whereas if your invention includes each element of any one of the broadest claims of the patent that you improved upon, it is likely that anyone using your invention infringes on that earlier patent. Either way, your invention may still have value if your invention is one that people are willing to pay the extra royalties for the extra improvement (unfortunately however, most inventions never make money).


Thứ Sáu, 29 tháng 12, 2017

Tax Obligations of Representative Offices in Vietnam

Foreign entities have found Vietnam as an increasing attractive destination for investment.  They could consider entering Vietnam in various forms, including setting up representative offices.

“A representative office is a dependent unit of the enterprise, having the task of representing under authorization the interests of the enterprise and protecting such interests” (Clause 2 of article 45, Law on Enterprises 2014). “Representative office shall perform the functions of liaison offices, market surveys, promotion of business opportunities for traders they represent, excluding those in which the establishment of representative offices in that field, it is stipulated in specialized legal documents” (Article 30 – Decree No.07/2016/ND-CP decree detailed regulations on establishment of representative offices or branches of foreign traders in Vietnam under Laws on Commerce).

A representative office is a dependent unit of a foreign enterprise in Vietnam, and it acts under the authorization of foreign enterprises. Representative office shall not conduct business activities therefore, the tax obligations of the representative office are limited, such as:
Firstly, as representative office does not involve profit making activity, hence there are no Value Added Tax, Corporate Income Tax, Annual Due incurred.
Secondly, representative office has to register its tax code, to deduct and pay Personal Income Tax on behalf of its employees working in the representative office or deduct and pay contractor taxes for foreign sub-contractors (if any).