Some Modifications on Business Registration from October 10th, 2018

Decree no.108/2018/ND-CP amending and supplementing a number of articles of Decree No.78/2015/ND-CP effective from October 10^th, 2018 has provided many new procedures of business registration.

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The new decree stipulates clarification on some contents about the procedure on business registration, of which, the highlight are the procedures that do not to require the seal stamped on the dossier on business registration and that the power of attorney for a person whom establishes the company does not need notarization, authentication at Clause 1 and 2 of Article 1 Decree No. 108/2018/ND-CP.  In the past, due to the lack of clarification on the above matters, some competent authorities require to affix the seal on the dossier of business registration and request the notarization of the power of attorney.  These procedures created some troublesome in practice.

Another regulation that facilitate the business transaction is that previously enterprises can only set up business locations in the province or city under central authority where their head office or branch is located. It means that if an enterprise wishes to set up another business location where the office is located, it has to go through two procedures: setting up a branch first then setting up a businesslocation.  The procedure of setting up a branch is more complex more than the establishment of business locations.  With the changes in the decree 108/2018/ND-CP, enterprises are allowed to set up business locations in other provinces or centrally-run cities where their head offices or branches are opened. The scope of work is simpler and more cost-effective, the transactions of the place of business are accounted for by the parent company, thereby reducing the workload for the accountant of the company.

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How can I copyright my app?

If you are interested in obtaining copyright protection for a newly created app, you should be aware that copyrighting an app is likely eligible for two separate tiers of copyright protection. The process of copyrighting an app is actually automatic. Registering an app with the U.S. Copyright Office takes several steps. Copyright protections apply to works that are both published and unpublished, so please note to copyright your app it does not have to exist in the marketplace for the automatic protections associated with copyrights to apply to it.

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According to the U.S. Copyright Office, an eligible work attains automatic copyright protection “the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.“ This means that original works of authorship like apps are copyright protected by default. But, many rights ordinarily associated with intellectual property protections may not be enforceable in court unless you or your company registers your copyrighted work with the government.

The Registration Process

Registering your app with the U.S. Copyright Office is generally a good idea because you will need to have done so in order to file a lawsuit in the event that another individual or business infringes upon your intellectual property protections. Registration also allows you to ensure that the details of your copyright registration become part of the public record, which may be advantageous for any number of reasons.

The copyright registration process is relatively straightforward. The U.S. Copyright Office provides creators with copyright application forms and fee-related details on its website. A copy of your work must be sent with your copyright application and is non-returnable. It is important to fill out the detailed copyright application completely and correctly or you will risk rejection of your registration. Any delay in registration approval may affect future intellectual property litigation. For this reason, it may be beneficial to have an attorney review your copyright registration application before you submit it. Taking this step will better ensure that your copyright application is approved upon its initial submission.

It is worth noting that you can protect your app in a variety of ways beyond copyright protection. For example, elements of your creation may benefit from patent and/or trademark protection. An intellectual property attorney will be able to advise you of what steps you may need to take in order to better ensure that your rights are fully addressed in the event of infringement. The app marketplace is competitive, so this risk is increasingly becoming a reality for app developers.

Copyright is violated on a regular basis in the music, publishing and software industries. ANT Lawyers IP practice offers client in protecting and enforcing copyrights and similar intellectual property rights as following:

• Advise legal matters of copyright and related rights in Vietnam and abroad;
• Conduct searches and provide information on copyright and related rights, advice measures to protect copyright and related rights in Vietnam and abroad;
• Complete the applications and file to register copyright and related rights;
• Enforce the copyright and related rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.

Learn more about ANT Lawyers IP practice, experience and team members here;

For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call  +84 912 817 823.

Let ANT Lawyers help your business in Vietnam.

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What is difference between copyright and patent?

When an individual or business creates something new, it Is important to protect that unique design, product, logo, name, art or work of authorship. Most individuals and businesses are aware that legal protections exist for new inventions and creations. But not everyone is sure exactly what kinds of protections they need in order to ensure that other individuals and businesses do not infringe upon the fruits of their labor. Though both are popular and well known, what is the difference between copyright and patent?

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Thankfully, experienced intellectual property attorneys are generally happy to help both individuals and businesses navigate the process of protecting their inventions and creations. If you have produced a new and unique product, design, piece of art, etc. please consider asking a lawyer with specialized intellectual property knowledge to aid you in submitting the legal paperwork required in order to obtain any protections your work may be eligible for under the law. Depending on the nature of your creation, these protections may include copyrights and/or patents.

What Falls Under Copyright Protection?

Unlike patents, which protect physical inventions, new designs for existing products and certain discoveries, copyright protection coversoriginal works of art and authorship when expressed in tangible mediums. Literary, artistic, musical and dramatic works of art are protected via copyright. In addition, computer software and architecture may be protected by copyright as well.

An important difference between copyright and patent is that copyright protections are granted automatically. You do not need to file for a copyright per se, as copyright protections apply, “the moment (a work) is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device” according to the U.S. Copyright Office. However, you cannot generally file suit protecting your work against infringement unless your copyright has been registered with the USCO. The USCO highly recommends registering one’s artistic work because absent this process, copyright protections cannot generally be effectively enforced.

What is Covered by Patent Protection?

 There are three primary kinds of patent protectionavailable to businesses and the general public. Plant patents protect new asexually reproducing plant species and hybrids. Utility patents protect new products and processes, while design patents protect new design elements integral to existing manufactured products or processes. In general, works eligible for patents are novel, non-obvious and useful, but some exceptions to this rule may apply.

It is worth noting that unlike copyright protections, no patent protection is granted automatically upon the creation of a product or process. Therefore, it is imperative that inventors and businesses formally apply for patent protection as soon as their work is prototyped and capable of reproduction.

Consult an Intellectual Property Attorney

 If you are interested in registering a work of art or authorship or patenting a product, process, design or discovery, please consider reaching out to an knowledgeable intellectual property attorney in Vietnam. We have extensive experience aiding both individuals and businesses in obtaining the intellectual property protections that their works are eligible for. The registration process and patent application process are detailed and are often difficult to navigate. Filling out even a single section of paperwork incompletely or incorrectly can result in rejection. Let our team help you get this process right the first time around in order to better ensure that your work is safeguarded from infringement as soon as it becomes eligible for protection.

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What are the disadvantages of getting a patent, if any?

There are many advantages to patenting your inventions. You are granted a monopoly on your invention by the government in your jurisdiction for a known period of time.

You can license it to others and collect licensing fees and royalties.

You may also use it as a trading card with a competitor, e.g., licensing your patent to a competitor, and in return, obtaining licensing rights to a patent that is owned by the competitor. It is a very common practice used by large companies to avoid expensive infringement lawsuits.

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You can use it in a public relations campaign to position your company as an innovator.

However A patent is published for everybody to see and learn how you have implemented your invention. This is the only disadvantage that I see. Anybody can implement your invention, after its publication, without telling you about it. Proving infringement is a very expensive and time consuming process.

If you wish to keep your invention confidential for ever, don’t file a patent. Treat it as a trade secret by making sure to take adequate steps to always keep it confidential like Coca-Cola keeps it formula secret. The Secret Of Trade Secret Success

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What is intellectual property act?

IPR stands for Intellectual Property Rights. To understand about Intellectual Property Rights, it is important to understand about the Intellectual Property (IP). Intellectual Property refers to the property which has both moral and commercial value and that comes out from the human intellect that may be a creation of human minds, inventions, copyrights on musical, literary, dramatic, artistic works and symbols, names, images used in commerce.

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Basically, Intellectual Property (IP) is divided into two categories:-

 One area can be Industrial Property:-

Industrial Property again can be divided into two areas;

distinctive signs for Trademarks (TM) that distinguish the goods or services of one enterprise or undertaking from those of other enterprises or undertakings.Geographical Indications (GI) that identify a good originating in a place where a given characteristics of the good is essentially attributable to its geographical origin.

Other areas include Patents, Industrial Designs (IDs), Trade Secrets (TS) for innovation, design and the creation of technology.

Copyrights and Rights related to Copyrights deals with;

Authors’ Literary works (e.g. novels, poems, plays, writings and books), Artistic works (e.g. paintings, sculptures, drawings and photographs), films, computer programs, musical compositions and architectural designs.

Neighboring Rights include rights of performers (e.g. actors, singers and musicians), broadcasting organizations in their radio and television programs, and producers of phonograms in their recordings.

Intellectual Property Rights (IPR)

Deals with the legal rights granted to protect the creation of the intellect. These rights are same as of other property right. Rights allow creator or owner to get benefits by exploiting their creation.

IPR provides an exclusive right for the limited period of time to the individuals, enterprises and other entities to exclude others from unauthorized use, copy, sell, distribution or license.

Further Intellectual Property Rights are outlined in Article 27 of the Universal Declaration of Human Rights, which talk about the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.

The Importance of Intellectual Property (IP) was first recognized in the Paris Convention for the protection of Industrial Property in year 1883 and the Berne Convention for the protection of Literary and Artistic Works in year 1886. Both treaties are administered by World Intellectual Property Organization (WIPO).

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Property Liability of Husband and Wife in the Marriage Period

According to the laws of Vietnam, marriage relation is established between a man and a woman based on marriage conditions and registration. Marriage registration means establishment of legally valid marriage relation and is protected by State, binding the wife and the husband with certain liability – joint liability.

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Joint liability means a liability which shall be performed by both wife and husband and which the obligee has the right to request other to perform in its entirety. This liability could arise from property obligation in marriage period.

Property of wife and husband include two types: common property and separate property. For the transaction of common property, both wife and husband mutually agree implement, joint liability shall always exist. Moreover, the following transactions which are made by either wife or husband including but not limited to: legitimate representation in civil transaction, business relations; representation in the ownership certificate of property; the obligations performed by either wife or husband in order to meet the family’s essential demand will bind both wife and husband by a joint liability.

Despite one of the principles of Civil Code on separate property that the owner has a right to possess, use and dispose its assets and the obligations, liabilities arising out such rights shall be performed by the owner in itself, the transaction performed by either wife’s assets or husband’s assets can arise joint liability to other party such as the usage of separate property for maintenance, development of common property or making family’s primary income.

In conclusion, the provisions of joint liability on spouses’ assets not only ensure the right, benefits of wife, husband, family and third party but also is legal foundation for resolution of dispute.

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Why does Coca Cola Company fail to protect their receipe with patents?

We shall remember that, at any time, choices of IP protection shall always rest on profitability. If the patent protection make people lose money, then people would choose to avoid that.

By patenting the receipe of coke, Coca Cola company have to DISCLOSE the receipe to the world. In return, the receipe MAY be protected for a max of 20 years. After the protecting period expires, Coca Cola receipe falls into public knowledge, and anyone may use it anywhere.

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It is not so easy to crack the coke receipe. Why would Coca Cola disclose their receipe to exchange for a short protection?

Surely, if the receipe is disclosed accidentally, anyone in the world may begin to use this receipe, and numberous competitors appear. In order to minimize the harm brought by the possible competitors, Coca Cola has invested a lot of money on their Trademarks and Scale of Production.

Now Coca Cola have a famous brand. Even two coke products taste the same, you would still choose Coca Cola.

By holding huge scale of production, Coca Cola is able to produce coke at a very very low cost. Even when another company begin to produce the same coke, they can never make coke this cheap.

Even when it is profitable to patent your product, you may still see no “patent” directly linked to a particular “product model”. See iPhone. Thousand of patents may be linked to the product, and there is no patent to protect “iPhone X”. We may need such strategies to mislead competitors, max the protection range, …

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